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CONSOLIDATION National Peacekeepers’ Day Act S.C. 2008, c. 27 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a National Peacekeepers’ Day Short Title 1 Short title National Peacekeepers’ Day 2 National Peacekeepers’ Day Not a legal holiday Current to June 20, 2022 ii S.C. 2008, c. 27 An Act respecting a National Peacekeepers’ Day [Assented to 18th June 2008] Preamble WHEREAS in 1956 the Minister of External Affairs, the Right Honourable Lester B. Pearson, proposed the first United Nations peacekeeping mission and, since that time, Canada has been a leader in keeping the peace around the world, with more than one hundred thousand members of the Canadian Forces participating in peacekeeping and peace support operations along with many members of Canadian police services, diplomats and civil- ians; WHEREAS one hundred and sixty-four Canadian Forces peacekeepers have lost their lives while keeping the peace around the world in over sixty-six missions; AND WHEREAS on August 9, 1974, nine Canadian Forces peacekeepers were killed when their plane was shot down by a surface-to-air missile while en route from Beirut to Damascus; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Peacekeepers’ Day Act. Current to June 20, 2022 National Peacekeepers’ Day National Peacekeepers’ Day Sections 2-3 National Peacekeepers’ Day National Peacekeepers’ Day 2 Throughout Canada, in each and every year, the ninth day of August shall be known as “National Peacekeepers’ Day”. Not a legal holiday 3 For greater certainty, National Peacekeepers’ Day is not a legal holiday or a non-juridical day. Current to June 20, 2022

CONSOLIDATION National Horse of Canada Act S.C. 2002, c. 11 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to provide for the recognition of the Canadian horse as the national horse of Canada Short Title 1 Short title The National Horse 2 National horse Current to June 20, 2022 ii S.C. 2002, c. 11 An Act to provide for the recognition of the Canadian horse as the national horse of Canada [Assented to 30th April 2002] Preamble WHEREAS the Canadian horse was introduced into Canada in 1665, when the King of France sent horses from his own stables to the people of his North American colony; WHEREAS the Canadian horse increased in number during the ensuing century to become an invaluable ally to the settlers in their efforts to survive and prosper in their new home; WHEREAS all Canadians who have known the Canadian horse have made clear their high esteem for the qualities of great strength and endurance, resilience, intelligence and good temper that distinguish the breed; WHEREAS the Canadian horse was at one time in danger of being lost through interbreeding or as a casualty of war, but has survived these perils; WHEREAS, since 1885 and all during the present century, widespread and increasingly successful efforts have been made to re-establish and preserve the Canadian horse; AND WHEREAS the Government of Canada wishes to recognize the unique place of the Canadian horse in the history of Canada; Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Current to June 20, 2022 National Horse of Canada Short Title Sections 1-2 Short Title Short title 1 This Act may be cited as the National Horse of Canada Act. The National Horse National horse 2 The horse known as the Canadian horse is hereby recognized and declared to be the national horse of Canada. Current to June 20, 2022

CONSOLIDATION National Philanthropy Day Act S.C. 2012, c. 23 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a National Philanthropy Day Short Title 1 Short title National Philanthropy Day 2 National Philanthropy Day Current to June 20, 2022 ii S.C. 2012, c. 23 An Act respecting a National Philanthropy Day [Assented to 22nd November 2012] Preamble Whereas philanthropy is the spirit of giving without expectation of reward; Whereas Canadians continue to be inspired by the dedication of volunteers who devote themselves to improving the lives of others; Whereas philanthropy helps build strong communities and active civic participation by bringing people together to serve a common goal; Whereas countless Canadians have benefited from the help they have received from charitable organizations and caring individuals; Whereas through the dedicated work of caring individuals and organizations, November 15th has come to be known throughout Canada as National Philanthropy Day; And whereas it is important to honour all Canadians who demonstrate the spirit of giving by recognizing National Philanthropy Day; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Philanthropy Day Act. Current to June 20, 2022 National Philanthropy Day National Philanthropy Day Section 2 National Philanthropy Day National Philanthropy Day 2 Throughout Canada, in each and every year, the 15th day of November shall be known as “National Philanthropy Day”. Current to June 20, 2022

CONSOLIDATION North American Free Trade Agreement Implementation Act S.C. 1993, c. 44 Current to June 20, 2022 Last amended on June 26, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 26, 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 June 26, 2013 TABLE OF PROVISIONS An Act to implement the North American Free Trade Agreement Short Title 1 Short title Interpretation 2 Definitions Interpretation consistent with Agreement Purpose 4 Purpose Her Majesty 5 Binding on Her Majesty General 6 Prohibition of private cause of action Non-application of Agreement to water Application of Interpretation Act For greater certainty PART I Implementation of Agreement Generally Approval of Agreement 10 Agreement approved Designation of Minister 11 Order designating Minister Free Trade Commission 12 Free Trade Commission Payment of expenditures Canadian Section of Secretariat 14 Canadian Section of Secretariat Secretary Staff Current to June 20, 2022 Last amended on June 26, 2013 ii North American Free Trade Agreement Implementation TABLE OF PROVISIONS Panels, Committees and Scientific Review Boards 17 Appointments to roster Appointments to certain committees Costs of panels, committees and scientific review boards Orders and Regulations 20 Regulations re Articles 312 and 313 Orders re Article 2019 PART II Related and Consequential Amendments PART III Coming into Force *242 Coming into force *SCHEDULE Current to June 20, 2022 Last amended on June 26, 2013 iv S.C. 1993, c. 44 An Act to implement the North American Free Trade Agreement [Assented to 23rd June 1993] Preamble WHEREAS the Government of Canada, the Government of the United Mexican States and the Government of the United States of America have entered into the North American Free Trade Agreement having resolved to strengthen the special bonds of friendship and cooperation among their nations, contribute to the harmonious development and expansion of world trade and provide a catalyst to broader international cooperation, create an expanded and secure market for the goods and services produced in their territories, reduce distortions to trade, establish clear and mutually advantageous rules governing their trade, ensure a predictable commercial framework for business planning and investment, build on their rights and obligations under the General Agreement on Tariffs and Trade and other multilateral and bilateral instruments of cooperation, enhance the competitiveness of their firms in global markets, foster creativity and innovation, and promote trade in goods and services that are the subject of intellectual property rights, create new employment opportunities and improve working conditions and living standards in their respective territories, undertake each of the preceding in a manner consistent with environmental protection and conservation, Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement Short Title Sections 1-2 preserve their flexibility to safeguard the public welfare, promote sustainable development, strengthen the development and enforcement of environmental laws and regulations, and protect, enhance and enforce basic workers’ rights; WHEREAS the Government of Canada has entered into the Agreement having further resolved to strengthen Canada’s national identity while at the same time protecting vital national characteristics and qualities, establish effective procedures for the review and resolution of disputes in antidumping and countervailing duty cases involving Canada and other NAFTA countries, and strengthen the Canadian economy and Canada’s competitiveness as a trading nation; WHEREAS the Agreement applies generally throughout Canada; AND WHEREAS it is necessary, in order to give effect to the Agreement, to make related or consequential amendments to certain Acts; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the North American Free Trade Agreement Implementation Act. Interpretation Definitions 2 (1) In this Act, Agreement means the North American Free Trade Agreement entered into between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America and signed on December 17, 1992, and includes any Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement Interpretation Sections 2-4 rectifications thereto made prior to its ratification by Canada; (Accord) federal law means the whole or any portion of any Act of Parliament or any regulation, order or other instrument issued, made or established in the exercise of a power conferred by or under an Act of Parliament; (texte législatif fédéral) Free Trade Commission means the Free Trade Commission established under Article 2001 of the Agreement; (Commission du libre-échange) Minister, in respect of any provision of this Act, means the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that provision under section 11; (ministre) NAFTA country means a country that is a Party to the Agreement; (pays ALÉNA) Secretariat means the Secretariat established pursuant to paragraph 1 of Article 2002 of the Agreement; (Secrétariat) territory, with respect to a NAFTA country, has the meaning set out with respect to that country in Annex 201.1 of the Agreement. (territoire) Publication of Agreement and Tariff Schedules (2) The Agreement, including the Schedules of Canada, of Mexico and of the United States referred to in Annex 302.2 of the Agreement, shall be published in the Canada Treaty Series. Interpretation consistent with Agreement 3 For greater certainty, this Act, any provision of an Act of Parliament enacted by Part II and any other federal law that implements a provision of the Agreement or fulfils an obligation of the Government of Canada under the Agreement shall be interpreted in a manner consistent with the Agreement. Purpose Purpose 4 The purpose of this Act is to implement the Agreement, the objectives of which, as elaborated more specifically through its principles and rules, including national treatment, most-favoured-nation treatment and transparency, are to Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement Purpose Sections 4-7 (a) eliminate barriers to trade in, and facilitate the cross-border movement of, goods and services between the territories of the NAFTA countries; (b) promote conditions of fair competition in the freetrade area established by the Agreement; (c) increase substantially investment opportunities in the territories of the NAFTA countries; (d) provide adequate and effective protection and enforcement of intellectual property rights in the territory of each NAFTA country; (e) create effective procedures for the implementation and application of the Agreement, for its joint administration and for the resolution of disputes; and (f) establish a framework for further trilateral, regional and multilateral cooperation to expand and enhance the benefits of the Agreement. Her Majesty Binding on Her Majesty 5 This Act is binding on Her Majesty in right of Canada. General Prohibition of private cause of action 6 (1) No person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of Part I or any order or regulation made under Part I. Idem (2) Subject to Section B of Chapter Eleven of the Agreement, no person has any cause of action and no proceedings of any kind shall be taken, without the consent of the Attorney General of Canada, to enforce or determine any right or obligation that is claimed or arises solely under or by virtue of the Agreement. Non-application of Agreement to water 7 (1) For greater certainty, nothing in this Act or the Agreement, except Article 302 of the Agreement, applies to water. Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement General Sections 7-13 Definition of water (2) In this section, water means natural surface and ground water in liquid, gaseous or solid state, but does not include water packaged as a beverage or in tanks. Application of Interpretation Act 8 Where the operation of a provision of an Act of Parliament is suspended pursuant to a provision of that Act enacted by Part II, section 43 of the Interpretation Act applies, with such modifications as the circumstances require, as if the suspended provision had been repealed. For greater certainty 9 For greater certainty, nothing in this Act, by specific mention or omission, limits in any manner the right of Parliament to enact legislation to implement any provision of the Agreement or fulfil any of the obligations of the Government of Canada under the Agreement. PART I Implementation of Agreement Generally Approval of Agreement Agreement approved 10 The Agreement is hereby approved. Designation of Minister Order designating Minister 11 The Governor in Council may, by order, designate any member of the Queen’s Privy Council for Canada to be the Minister for the purposes of any provision of this Act. Free Trade Commission Free Trade Commission 12 The Governor in Council may appoint any member of the Queen’s Privy Council for Canada to be a representative of Canada on the Free Trade Commission. Payment of expenditures 13 The Government of Canada shall pay its appropriate share of the aggregate of any expenditures incurred by or on behalf of the Free Trade Commission. Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement PART I Implementation of Agreement Generally Canadian Section of Secretariat Sections 14-17 Canadian Section of Secretariat Canadian Section of Secretariat 14 The Canadian Section of the Secretariat is established within the Department of Foreign Affairs, Trade and Development for the purpose of facilitating the operation of the Agreement, including the work of panels, committees and scientific review boards that may be established in accordance with the Agreement. 1993, c. 44, s. 14; 2010, c. 12, s. 1776; 2013, c. 33, s. 195. Secretary 15 (1) There shall be a Secretary of the Canadian Section of the Secretariat to be appointed in accordance with the Public Service Employment Act. Duties (2) The Secretary is responsible for fulfilling the mandate of the Section. In doing so, the Secretary shall (a) provide assistance to the Free Trade Commission; (b) provide administrative assistance to panels and committees established under Chapter Nineteen of the Agreement and panels established under Chapter Twenty of the Agreement; (c) support — as the Free Trade Commission may direct — the work of other committees and groups established under the Agreement; (d) otherwise facilitate — as the Free Trade Commission may direct — the operation of the Agreement; and (e) supervise and direct the work of the Section. 1993, c. 44, s. 15; 2003, c. 22, s. 225(E); 2010, c. 12, s. 1777. Staff 16 Such officers and employees as are required for the proper conduct of the work of the Canadian Section of the Secretariat shall be appointed in accordance with the Public Service Employment Act. Panels, Committees and Scientific Review Boards Appointments to roster 17 The Governor in Council may, in accordance with a consensus reached under Article 1124, 1414 or 2009 of the Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement PART I Implementation of Agreement Generally Panels, Committees and Scientific Review Boards Sections 17-20 Agreement, appoint any person to be a member of the roster established under that Article. Appointments to certain committees 18 The Minister may appoint any person to be a representative of Canada on any committee referred to in Section A of Annex 2001.2 of the Agreement. Costs of panels, committees and scientific review boards 19 The Government of Canada shall, in accordance with Annex 2002.2 of the Agreement, pay the costs of or its appropriate share of the costs of (a) the remuneration and expenses payable to panelists, members of committees, including persons appointed under section 18, and members of scientific review boards; (b) the remuneration and expenses payable to assistants; and (c) the general expenses incurred by panels, committees and scientific review boards. Orders and Regulations Regulations re Articles 312 and 313 20 (1) The Governor in Council may, where the Governor in Council is of the opinion that, for the purpose of giving effect in a province to Articles 312 and 313 of the Agreement, regulations are necessary in relation to any matter dealt with by those Articles, make regulations for that purpose including, without limiting the generality of the foregoing, regulations requiring or prohibiting the doing of anything in relation to which a regulation may be made under this subsection and prescribing penalties for the contravention of any such regulation. Applicability of regulations in respect of a province (2) A regulation made under subsection (1) shall not come into force in respect of a province if the Governor in Council is of the opinion that the province has, by or under provincial law, enacted provisions or is carrying on practices that are in conformity with the portion of Articles 312 and 313 of the Agreement in respect of which the regulation is made. Consultation with provincial governments (3) The Minister shall consult with the government of a province prior to the making of a regulation under subsection (1) in respect of that province. Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement PART I Implementation of Agreement Generally Orders and Regulations Sections 20-22 to 241 Expiration (4) A regulation made under subsection (1) or any provision thereof shall cease to be in force in respect of a province on a day or days to be fixed, in respect of that province, by order of the Governor in Council. Binding on province (5) A regulation made under subsection (1) in respect of a province is binding on Her Majesty in right of that province. Orders re Article 2019 21 (1) The Governor in Council may, for the purpose of suspending in accordance with the Agreement the application to a NAFTA country of benefits of equivalent effect pursuant to Article 2019 of the Agreement, by order, do any one or more of the following: (a) suspend rights or privileges granted by Canada to that country or to goods, service providers, suppliers, investors or investments of that country under the Agreement or any federal law, except under Chapter Nineteen of the Agreement or under any provision of the Special Import Measures Act enacted by Part II; (b) modify or suspend the application of any federal law, except any provision of the Special Import Measures Act enacted by Part II, with respect to that country or to goods, service providers, suppliers, investors or investments of that country; (c) extend the application of any federal law to that country or to goods, service providers, suppliers, investors or investments of that country; and (d) take any other measure that the Governor in Council considers necessary for that purpose. Period of order (2) Unless revoked, an order made under subsection (1) shall have effect for such period as is specified in the order. PART II Related and Consequential Amendments 22 to 241 [Amendments] Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement PART III Coming into Force Section 242 PART III Coming into Force Coming into force 242 (1) Subject to this Act, this Act or any provision thereof, or any provision of any Act as enacted by this Act, shall come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Act, except section 177, in force January 1, 1994, see SI/ 94-1; section 177 repealed before coming into force, see 2008, c. 20, s. 3.] Condition (2) No order shall be made under subsection (1) unless the Governor in Council is satisfied that the Government of the United Mexican States and the Government of the United States of America have taken satisfactory steps to implement the Agreement. Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement *SCHEDULE * * SCHEDULE [Note: Schedule is not displayable.] Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement RELATED PROVISIONS RELATED PROVISIONS — 2010, c. 12, s. 1778 Definitions 1778 (1) The following definitions apply in this section. former Section means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as it read immediately before the coming into force of section 1776. (ancienne section) new Section means the Canadian Section of the Secretariat established by section 14 of the North American Free Trade Agreement Implementation Act as enacted by section 1776. (nouvelle section) Secretary (2) The person occupying the position of Secretary of the former Section immediately before the day on which section 1776 comes into force becomes on that day the Secretary of the new Section and is deemed to have been appointed under section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777. Staff (3) Nothing in section 1776 shall be construed as affecting the status of an officer or employee who, immediately before the coming into force of that section, occupied a position in the former Section, except that the officer or employee shall, on the coming into force of that section, occupy their position in the new Section. Transfer of appropriations (4) Any amount appropriated, for the fiscal year in which section 1776 comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the federal public administration in respect of the former Section that, on the day on which that section comes into force, is unexpended, is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the federal public administration in respect of the new Section. Transfer of powers, duties and functions — Secretary (5) Any power, duty or function described in section 15 of the North American Free Trade Agreement Implementation Act as enacted by section 1777 that is vested in or exercisable by the Secretary of the former Section immediately before the day on which that section comes into force is, as of that day, vested in and exercisable by the Secretary of the new Section. Any other power, duty or function that is vested in or exercisable by the Secretary Current to June 20, 2022 Last amended on June 26, 2013 North American Free Trade Agreement RELATED PROVISIONS of the former Section immediately before that day is, as of that day, vested in and exercisable by the Deputy Minister of Foreign Affairs. Transfer of powers, duties and functions — officers and employees (6) Any power, duty or function exercisable by an officer or employee of the former Section, immediately before the day on which section 1776 comes into force is, as of that day, exercisable by that officer or employee as officer or employee of the new Section. Current to June 20, 2022 Last amended on June 26, 2013

CONSOLIDATION National Seal Products Day Act S.C. 2017, c. 5 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting National Seal Products Day Short Title 1 Short title National Seal Products Day 2 National Seal Products Day Not a legal holiday or non-juridical day Current to June 20, 2022 ii S.C. 2017, c. 5 An Act respecting National Seal Products Day [Assented to 16th May 2017] Preamble Whereas human beings have depended on ocean resources, including seals and other marine animals, for nourishment for thousands of years; Whereas Canada’s Indigenous peoples and coastal communities have developed traditional knowledge of how to use ocean resources; Whereas this traditional knowledge and the traditions, culture and heritage of Canada’s Indigenous peoples and coastal communities respecting the use of ocean resources should be preserved and recognized; Whereas the use of ocean resources plays an important economic role for Canada’s Indigenous peoples and coastal communities; Whereas the extractors of Canada’s ocean resources play an important role in the sustainable management and preservation of populations of wild species and in the maintenance of ecosystemic balance; Whereas scientific knowledge of and methods for using ocean resources have evolved rapidly in recent years; Whereas the extraction and use of Canada’s ocean resources are compatible with the contemporary principles of animal protection, sustainable development, ecosystemic management and preventive regulation; Whereas the extraction and use of Canada’s ocean resources can be reconciled with a respectful and cruelty-free treatment of sea animals; Whereas the extraction and use of Canada’s ocean resources are compatible with the Convention on Current to June 20, 2022 An Act respecting National Seal Products Day Short Title Sections 1-3 Biological Diversity’s objectives of conservation, sustainable use and a fair and equitable sharing; Whereas the use of Canada’s ocean resources accords with the principle of rational use advocated by the International Union for Conservation of Nature; Whereas ecosystemic balance is the fruit of a constant interaction between predator and prey; Whereas the human species is an integral part of the ecosystem and, as a result, its role as a predator cannot be separated from the rest of nature; Whereas the European Union has declared May 20 to be European Maritime Day in order to recall “the importance of a healthy marine environment both for the sustainability of economic activities on the seas and for the quality of life in coastal regions”; And whereas the importance of the seal hunt for Canada’s Indigenous people, coastal communities and entire population should be recognized by designating May 20 as National Seal Products Day; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons, enacts as follows: Short Title Short title 1 This Act may be cited as the National Seal Products Day Act. National Seal Products Day National Seal Products Day 2 Throughout Canada, in each and every year, the 20th day of May is to be known as “National Seal Products Day”. Not a legal holiday or non-juridical day 3 For greater certainty, National Seal Products Day is not a legal holiday or a non-juridical day. Current to June 20, 2022

CONSOLIDATION National Framework for Diabetes Act S.C. 2021, c. 19 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to establish a national framework for diabetes Short Title 1 Short title National Framework for Diabetes 2 Development Reports to Parliament 3 Tabling of framework Report Current to June 20, 2022 ii S.C. 2021, c. 19 An Act to establish a national framework for diabetes [Assented to 29th June 2021] Preamble Whereas one in four Canadians live with prediabetes or diabetes, a chronic disease that can result in lifethreatening complications if not treated; Whereas Canada, the birthplace of insulin — a hormone that has played a key role in the control of diabetes —, seeks to be a leader in promoting diabetes awareness; Whereas diabetes awareness and education can help people identify early signs of diabetes and thus prevent or delay its onset; Whereas federal and provincial coordination and information sharing is required to prevent and treat diabetes as well as to prevent health inequities among people suffering with this disease; And whereas the Parliament of Canada recognizes the need to be proactive in the fight against diabetes, and the Government of Canada should develop and implement a national framework for diabetes; Short Title Short title 1 This Act may be cited as the National Framework for Diabetes Act. Current to June 20, 2022 National Framework for Diabetes Act National Framework for Diabetes Sections 2-3 National Framework for Diabetes Development 2 (1) The Minister of Health must, in consultation with the representatives of the provincial governments responsible for health, Indigenous groups and with other relevant stakeholders, develop a national framework designed to support improved access to diabetes prevention and treatment to ensure better health outcomes for Canadians. Content (2) The national framework must include measures to (a) explain what diabetes and prediabetes are; (b) identify the training, education and guidance needs of health care and other professionals related to the prevention and treatment of diabetes, including clinical practice guidelines; (c) promote research and improve data collection on diabetes prevention and treatment; (d) promote information and knowledge sharing in relation to diabetes prevention and treatment; (e) take into consideration any existing diabetes prevention and treatment frameworks, strategies and best practices, including those that focus on addressing health inequalities; and (f) ensure that the Canada Revenue Agency is administering the disability tax credit fairly and that the credit, in order to achieve its purposes, is designed to help as many persons with diabetes as possible. Conference (3) The Minister must hold at least one conference with the persons referred to in subsection (1) for the purpose of developing the framework. Reports to Parliament Tabling of framework 3 (1) Within one year after the day on which this Act comes into force, the Minister of Health must prepare a Current to June 20, 2022 National Framework for Diabetes Act Reports to Parliament Sections 3-4 report setting out the national framework for diabetes and cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Publication (2) The Minister must publish the report on the website of the Department of Health within 10 days after the day on which the report is tabled in Parliament. Report 4 (1) Within five years after the day on which the report referred to in section 3 is tabled in Parliament, the Minister of Health must prepare a report on the effectiveness of the national framework for diabetes and on the current state of diabetes prevention and treatment. The report also sets out his or her conclusions and recommendations regarding the framework. Tabling of report (2) The Minister must cause the report to be tabled before each House of Parliament on any of the first 15 days on which that House is sitting after the report is completed. Current to June 20, 2022

CONSOLIDATION National Round Table on the Environment and the Economy Act [Repealed, 2012, c. 19, s. 593] Current to June 20, 2022 Last amended on April 1, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 1, 2013 TABLE OF PROVISIONS An Act to establish the National Round Table on the Environment and the Economy Current to June 20, 2022 Last amended on April 1, 2013 ii

CONSOLIDATION National Security and Intelligence Committee of Parliamentarians Act S.C. 2017, c. 15 Current to June 20, 2022 Last amended on July 12, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 12, 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 July 12, 2019 TABLE OF PROVISIONS An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts Short Title 1 Short title Interpretation 2 Definitions Designation of Minister 3 Power of Governor in Council Committee and Members 4 Committee established Appointment of members Designation of Chair Expenses Mandate of Committee 8 Review of national security matters Cooperation Security and Confidentiality 10 Compliance with security requirements Disclosure prohibited Parliamentary privilege Access to Information 13 Right of access Exceptions Request for information Refusal of information Procedure 17 Meetings — all of Chair Meetings held in private Current to June 20, 2022 Last amended on July 12, 2019 ii National Security and Intelligence Committee of Parliamentarians TABLE OF PROVISIONS Voting Procedure Reports 21 Annual report Review Bodies 22 Provision of information to Committee Provision of information to review bodies Secretariat 24 Secretariat established Executive director Absence or incapacity Remuneration and expenses Chief executive officer Contracts, etc. Employees General Provisions 31 Final decision 31.1 Compliance of activity Expenses — appearance before Committee Regulations Review of Act after five years Consequential Amendments Access to Information Act Financial Administration Act Security of Information Act Parliament of Canada Act Privacy Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act Conflict of Interest Act Coming into Force *49 Order in council Current to June 20, 2022 Last amended on July 12, 2019 iv National Security and Intelligence Committee of Parliamentarians TABLE OF PROVISIONS SCHEDULE Oath or Solemn Affirmation Current to June 20, 2022 Last amended on July 12, 2019 v S.C. 2017, c. 15 An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts [Assented to 22nd June 2017] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Security and Intelligence Committee of Parliamentarians Act. Interpretation Definitions 2 The following definitions apply in this Act. appropriate Minister means (a) with respect to a department named in Schedule I to the Financial Administration Act, the Minister presiding over the department; (b) with respect to a division or branch of the federal public administration set out in column I of Schedule I.1 to the Financial Administration Act, the Minister set out in column II of that Schedule; (c) with respect to a corporation named in Schedule II to the Financial Administration Act, the Minister designated as the appropriate Minister by order of the Governor in Council made under that Act; (c.1) with respect to a parent Crown corporation as defined in subsection 83(1) of the Financial Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Interpretation Sections 2-4 Administration Act, the appropriate Minister as defined in that subsection; or (d) with respect to the Canadian Forces, the Minister of National Defence. (ministre compétent) Committee means the National Security and Intelligence Committee of Parliamentarians established by section 4. (Comité) department means, except in subsection 25(2), a department named in Schedule I to the Financial Administration Act, a division or branch of the federal public administration — other than a review body or the office of the Intelligence Commissioner — set out in column I of Schedule I.1 to that Act, a corporation named in Schedule II to that Act, a parent Crown corporation as defined in subsection 83(1) of that Act or the Canadian Forces. (ministère) review body means (a) the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police established by subsection 45.29(1) of the Royal Canadian Mounted Police Act; or (b) the National Security and Intelligence Review Agency. (organisme de surveillance) (c) [Repealed, 2019, c. 13, s. 49] Secretariat means the Secretariat of the National Security and Intelligence Committee of Parliamentarians established by subsection 24(1). (Secrétariat) 2017, c. 15, s. 2; 2019, c. 13, s. 49; 2019, c. 13, s. 75. Designation of Minister Power of Governor in Council 3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. Committee and Members Committee established 4 (1) The National Security and Intelligence Committee of Parliamentarians is established, consisting of a Chair and up to 10 other members, each of whom must be a member of either House of Parliament other than a Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Committee and Members Sections 4-5 minister of the Crown, a minister of state or a parliamentary secretary. Members (2) The Committee is to consist of not more than three members who are members of the Senate and not more than eight members who are members of the House of Commons. Not more than five Committee members who are members of the House of Commons may be members of the government party. Not a committee of Parliament (3) The Committee is not a committee of either House of Parliament or of both Houses. Appointment of members 5 (1) The members of the Committee are to be appointed by the Governor in Council, on the recommendation of the Prime Minister, to hold office during pleasure until the dissolution of Parliament following their appointment. Nomination deadline (1.1) After a general election, the members of the Committee are to be appointed within 60 days after the day on which Parliament is summoned to sit. Consultation (2) A member of the Senate may be appointed to the Committee only after the Prime Minister has consulted with the persons referred to in paragraphs 62(a) and (b) of the Parliament of Canada Act and the leader of every caucus and of every recognized group in the Senate. Members of other parties (3) A member of the House of Commons who belongs to a party that is not the government party and that has a recognized membership of 12 or more persons in that House may be appointed to the Committee only after the Prime Minister has consulted with the leader of that party. Ceasing to be member (4) A member of the Committee ceases to be a member on being appointed a minister of the Crown, a minister of state or a parliamentary secretary or on ceasing to be a member of the Senate or the House of Commons. Resignation (5) A member may resign by notifying the Prime Minister in writing of their intention to resign and the member ceases to be a member on the day on which the Prime Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Committee and Members Sections 5-8 Minister receives the notification or on the date specified in the notification, whichever is later. Designation of Chair 6 (1) The Governor in Council is to designate the Chair of the Committee from among the members of the Committee, on the recommendation of the Prime Minister. Absence or incapacity (2) If the Chair is absent or incapacitated or the office of Chair is vacant, the Committee may designate one of its other members to act as Chair, but the member must not be so designated for more than 90 days without the Governor in Council’s approval. Expenses 7 Each member of the Committee is entitled to be paid, in accordance with Treasury Board directives, reasonable travel and living expenses incurred by the member in the exercise of their powers or the performance of their duties or functions. Mandate of Committee Review of national security matters 8 (1) The mandate of the Committee is to review (a) the legislative, regulatory, policy, administrative and financial framework for national security and intelligence; (b) any activity carried out by a department that relates to national security or intelligence, unless the activity is an ongoing operation and the appropriate Minister determines that the review would be injurious to national security; and (c) any matter relating to national security or intelligence that a minister of the Crown refers to the Committee. Review injurious to national security (2) If the appropriate Minister determines that a review would be injurious to national security, he or she must inform the Committee of his or her determination and the reasons for it. Review no longer injurious (3) If the appropriate Minister determines that the review would no longer be injurious to national security or if the appropriate Minister is informed that the activity is no longer ongoing, he or she must inform the Committee that the review may be conducted. Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Mandate of Committee Sections 9-12 Cooperation 9 The Committee and each review body are to take all reasonable steps to cooperate with each other to avoid any unnecessary duplication of work by the Committee and that review body in relation to the fulfilment of their respective mandates. Security and Confidentiality Compliance with security requirements 10 Each member of the Committee must (a) obtain and maintain the necessary security clearance from the Government of Canada; (b) take the oath or solemn affirmation set out in the schedule; and (c) comply with the procedures and practices set out in the regulations. Disclosure prohibited 11 (1) Subject to subsection (2), a member or former member of the Committee, the executive director or a former executive director of the Secretariat or a person who is or was engaged by the Secretariat must not knowingly disclose any information that they obtained, or to which they had access, in the course of exercising their powers or performing their duties or functions under this Act and that a department is taking measures to protect. Exceptions (2) A person referred to in subsection (1) may disclose information referred to in that subsection for the purpose of exercising their powers or performing their duties or functions under this Act or as required by any other law. Parliamentary privilege 12 (1) Despite any other law, no member or former member of the Committee may claim immunity based on parliamentary privilege in a proceeding against them in relation to a contravention of subsection 11(1) or of a provision of the Security of Information Act or in relation to any other proceeding arising from any disclosure of information that is prohibited under that subsection. Evidence (2) A statement made by a member or former member of the Committee before either House of Parliament or a committee of the Senate, of the House of Commons or of both Houses of Parliament is admissible in evidence Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Security and Confidentiality Sections 12-14 against them in a proceeding referred to in subsection (1). Access to Information Right of access 13 (1) Despite any other Act of Parliament but subject to sections 14 and 16, the Committee is entitled to have access to any information that is under the control of a department and that is related to the fulfilment of the Committee’s mandate. Protected information (2) The information includes information that is protected by litigation privilege or by solicitor-client privilege or the professional secrecy of advocates and notaries. For greater certainty (2.1) For greater certainty, the disclosure to the Committee under this section of any information that is subject to solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of those privileges or that secrecy. Inconsistency or conflict (3) In the event of any inconsistency or conflict between subsection (1) and any provision of an Act of Parliament other than this Act, subsection (1) prevails to the extent of the inconsistency or conflict. 2017, c. 15, s. 13; 2019, c. 13, s. 49. Exceptions 14 The Committee is not entitled to have access to any of the following information: (a) a confidence of the Queen’s Privy Council for Canada, as defined in subsection 39(2) of the Canada Evidence Act; (b) information the disclosure of which is described in subsection 11(1) of the Witness Protection Program Act; (c) the identity of a person who was, is or is intended to be, has been approached to be, or has offered or agreed to be, a confidential source of information, intelligence or assistance to the Government of Canada, or the government of a province or of any state allied with Canada, or information from which the person’s identity could be inferred; (d) information relating directly to an ongoing investigation carried out by a law enforcement agency that may lead to a prosecution. Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Access to Information Sections 14-16 Request for information 15 (1) If the Committee is entitled to have access to information that is under the control of a department, the Committee may make a request to the appropriate Minister for that department that the information be provided to the Committee. Exception (2) If the Committee requests information that is in respect of an identifiable person or entity, that has been received or collected by the Financial Transactions and Reports Analysis Centre of Canada under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and that has been disclosed to a department under subsection 55(3), 55.1(1), 65(1), 65.01(1) or 65.02(1) of that Act, the Committee may make the request only to the appropriate Minister for that department. Department — parent Crown corporation (2.1) If the requested information is under the control of a department that is a parent Crown corporation, the department must, at the request of the appropriate Minister, provide the information to that Minister. Compliance (2.2) Compliance by a department with subsection (2.1) is deemed to be in the best interests of the department. Provision of information (3) After the appropriate Minister receives the request, he or she must provide or cause to be provided to the Committee, in a timely manner, the requested information to which it is entitled to have access. Information provided orally (4) The appropriate Minister or officials of the department may appear before the Committee to provide the information orally. Refusal of information 16 (1) The appropriate Minister for a department may refuse to provide information to which the Committee would, but for this section, otherwise be entitled to have access and that is under the control of that department, but only if he or she is of the opinion that (a) the information constitutes special operational information, as defined in subsection 8(1) of the Security of Information Act; and Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Access to Information Sections 16-21 (b) provision of the information would be injurious to national security. Reasons (2) If the appropriate Minister refuses to provide information under subsection (1), he or she must inform the Committee of his or her decision and the reasons for the decision. Review bodies informed of decision (3) The appropriate Minister must provide the decision and reasons to the National Security and Intelligence Review Agency and, in the case of information under the control of the Royal Canadian Mounted Police, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. 2017, c. 15, s. 16; 2019, c. 13, s. 49. Procedure Meetings — all of Chair 17 The Committee is to meet at the call of the Chair. Meetings held in private 18 Meetings of the Committee are to be held in private if any information that a department is taking measures to protect is likely to be disclosed during the course of the meeting or if the Chair considers it to be otherwise necessary. Voting 19 The Chair may vote at meetings of the Committee only in the case of a tie. Procedure 20 Subject to the provisions of this Act and the regulations, the Committee may determine the procedure to be followed in the exercise of any of its powers or the performance of any of its duties or functions, including in respect of the appearance of persons before the Committee. Reports Annual report 21 (1) Each year the Committee must submit to the Prime Minister a report of the reviews it conducted during the preceding year. The report must contain (a) the Committee’s findings; (b) its recommendations, if any; Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Reports Section 21 (c) any summary referred to in subsection (3); and (d) the number of times in the preceding year that an appropriate Minister (i) determined that a review referred to in paragraph 8(1)(b) would be injurious to national security, and (ii) decided to refuse to provide information under subsection 16(1). Special report (2) If, in the Committee’s opinion, a special report on any matter related to its mandate is necessary, it may, at any time, submit such a report to the Prime Minister and the minister concerned. Summary of special report (3) The Committee may prepare a summary of a special report and, on submitting the report, must notify the Prime Minister of its intention to do so. Special report not to be tabled (4) Subsection (5) does not apply to a special report that is the subject of a notification under subsection (3) and that report is not to be laid before either House of Parliament. Direction to submit revised report (5) If, after consulting the Chair of the Committee, the Prime Minister is of the opinion that information in an annual or special report is information the disclosure of which would be injurious to national security, national defence or international relations or is information that is protected by litigation privilege or by solicitor-client privilege or the professional secrecy of advocates and notaries, the Prime Minister may direct the Committee to submit to the Prime Minister a revised version of the annual or special report that does not contain that information. Revised version of report (5.1) If the Committee is directed by the Prime Minister to submit a revised version, the revised version must be clearly identified as a revised version and must indicate the extent of, and the reasons for, the revisions. Tabling (6) Subject to subsection (4), the Prime Minister must cause to be laid before each House of Parliament, on any of the first 30 days on which that House is sitting after a report is submitted under subsection (1) or (2), a copy of Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Reports Sections 21-23 the report or, if the Committee was directed to submit a revised version, a copy of the revised version. Referral (7) After it is tabled, the annual or special report stands referred to (a) the Standing Committee on National Security and Defence of the Senate or, if there is not a Standing Committee on National Security and Defence, the appropriate committee of the Senate, as determined by its rules; and (b) the Standing Committee on Public Safety and National Security of the House of Commons or, if there is not a Standing Committee on Public Safety and National Security, the appropriate committee of the House of Commons, as determined by its rules. Review Bodies Provision of information to Committee 22 (1) Despite any provision of any other Act of Parliament — including section 45.47 of the Royal Canadian Mounted Police Act — but subject to subsection (2), a review body may provide to the Committee information that is under its control and that is related to the fulfilment of the Committee’s mandate. Exceptions (2) The review body must not provide to the Committee (a) information that is referred to in section 14; or (b) information that is the subject of a decision that has been provided to the review body under subsection 16(3). Provision of information to review bodies 23 The Committee may provide, (a) to the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, information that is obtained from — or that is created by the Committee from information obtained from — the Royal Canadian Mounted Police and that is related to the fulfilment of that review body’s mandate; or (b) to the National Security and Intelligence Review Agency, information that is related to the fulfilment of that review body’s mandate under paragraphs 8(1)(a) to (c) of the National Security and Intelligence Review Agency Act. Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Review Bodies Sections 23-27 (c) [Repealed, 2019, c. 13, s. 49] 2017, c. 15, s. 23; 2019, c. 13, s. 49. Secretariat Secretariat established 24 (1) The Secretariat of the National Security and Intelligence Committee of Parliamentarians is established. Role (2) The Secretariat is to assist the Committee in fulfilling its mandate. Office (3) The head office of the Secretariat is to be in the National Capital Region as described in the schedule to the National Capital Act. Executive director 25 (1) There is to be an executive director of the Secretariat, who is to be appointed by the Governor in Council to hold office during pleasure for a term of up to five years. The executive director is eligible to be reappointed on the expiry of a first or subsequent term of office. Deputy head (2) The executive director has the rank and all the powers of a deputy head of a department. Absence or incapacity 26 If the executive director is absent or incapacitated or the office of executive director is vacant, the Minister designated under section 3 may designate another person to act as executive director, but a person must not be so designated for more than 90 days without the Governor in Council’s approval. Remuneration and expenses 27 (1) The executive director is to be paid the remuneration that is fixed by the Governor in Council and is entitled to be paid reasonable travel and living expenses incurred in the exercise of their powers or the performance of their duties or functions while absent from their ordinary place of work. Compensation (2) The executive director is deemed to be a person employed in the public service for the purposes of the Public Service Superannuation Act and to be employed in the Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Secretariat Sections 27-32 federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. Chief executive officer 28 The executive director is the chief executive officer of the Secretariat and has the control and management of the Secretariat and all matters connected with it. Contracts, etc. 29 The executive director may enter into contracts, memoranda of understanding or other arrangements, including contracts to engage the services of legal counsel or other persons having professional, technical or specialized knowledge to advise or assist the Committee or any of its members. Employees 30 The employees of the Secretariat are to be appointed in accordance with the Public Service Employment Act. General Provisions Final decision 31 (1) The appropriate Minister’s determination that a review referred to in paragraph 8(1)(b) would be injurious to national security or the appropriate Minister’s decision to refuse to provide information under subsection 16(1) is final. Committee’s response (2) If the Committee is dissatisfied with the determination or the decision, the Committee is not to bring the matter before the courts, but it may note its dissatisfaction in a report referred to in section 21. Compliance of activity 31.1 The Committee must inform the appropriate Minister and the Attorney General of Canada of any activity that is carried out by a department and is related to national security or intelligence and that, in the Committee’s opinion, may not be in compliance with the law. Expenses — appearance before Committee 32 Subject to the regulations, a person is entitled to be paid reasonable travel and living expenses incurred as a result of their appearance before the Committee. Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act General Provisions Sections 33-42 Regulations 33 The Governor in Council may make regulations (a) respecting the procedures and practices for the secure handling, storage, transportation, transmission and destruction of information or documents provided to or created by the Committee; (b) respecting the procedure to be followed by the Committee in the exercise of any of its powers or the performance of any of its duties or functions; (c) respecting the expenses referred to in section 32; and (d) generally for carrying out the purposes and provisions of this Act. Review of Act after five years 34 Five years after the day on which this Act comes into force, a comprehensive review of the provisions and operation of the Act is to be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons, or by both Houses of Parliament, as the case may be, for that purpose. Consequential Amendments Access to Information Act 35 [Amendment] 36 [Amendment] Financial Administration Act 37 [Amendment] 38 [Amendment] 39 [Amendment] Security of Information Act 40 [Amendments] 41 [Amendment] Parliament of Canada Act 42 [Amendment] Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act Consequential Amendments Parliament of Canada Act Sections 43-49 43 [Amendment] 44 [Amendment] Privacy Act 45 [Amendment] 46 [Amendment] Proceeds of Crime (Money Laundering) and Terrorist Financing Act 47 [Amendment] Conflict of Interest Act 48 [Amendment] Coming into Force Order in council 49 This Act comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force October 6, 2017, see SI/2017-63.] Current to June 20, 2022 Last amended on July 12, 2019 National Security and Intelligence Committee of Parliamentarians Act SCHEDULE Oath or Solemn Affirmation SCHEDULE (Paragraph 10(b)) Oath or Solemn Affirmation I, ................ , swear (solemnly affirm) that I will be faithful and bear true loyalty to Canada and to its people, whose democratic beliefs I share, whose rights and freedoms I respect and whose laws I will uphold and obey. I further swear (solemnly affirm) that I will, to the best of my ability, discharge my responsibilities as a member of the National Security and Intelligence Committee of Parliamentarians and will not communicate or use without due authority any information obtained in confidence by me in that capacity. Current to June 20, 2022 Last amended on July 12, 2019

CONSOLIDATION National Public Service Week: Serving Canadians Better Act S.C. 1992, c. 15 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting National Public Service Week: Serving Canadians Better Short Title 1 Short title National Public Service Week 2 National Public Service Week Current to June 20, 2022 ii S.C. 1992, c. 15 An Act respecting National Public Service Week: Serving Canadians Better [Assented to 4th June 1992] WHEREAS the people of Canada recognize the value of the services rendered by federal public service employees; AND WHEREAS the Government of Canada wishes to acknowledge the contribution of federal public service employees to the federal administration; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Public Service Week: Serving Canadians Better Act. National Public Service Week National Public Service Week 2 (1) Throughout Canada, in each and every year, the third week of the month of June shall be known as the "National Public Service Week". Definition of "third week" (2) For the purposes of this section, third week means the period ending the third Saturday of the month and beginning the previous Sunday. Current to June 20, 2022

CONSOLIDATION Nunavut Planning and Project Assessment Act S.C. 2013, c. 14, s. 2 NOTE [Enacted by section 2 of chapter 14 of the Statutes of Canada, 2013, in force July 9, 2015, see SI/ 2015-58.] Current to June 20, 2022 Last amended on May 27, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 May 27, 2022 TABLE OF PROVISIONS An Act respecting land use planning and the assessment of ecosystemic and socio-economic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Inconsistency with Agreement Rights preserved Application 5 Geographic application Binding on Her Majesty Impact Assessment Act Consultation 8 Amendments to this Act Delegation 9 Delegation to territorial Minister PART 1 Commission and Board Nunavut Planning Commission Constitution 10 Continuance Members Chairperson Acting after expiry of term Powers, Duties and Functions 14 Additional powers, duties and functions Principles — section 11.2.1 of Agreement Current to June 20, 2022 Last amended on May 27, 2022 ii Nunavut Planning and Project Assessment TABLE OF PROVISIONS Meetings 16 Participation by telecommunications By-laws and Rules 17 Powers Nunavut Impact Review Board Constitution 18 Continuance Members Chairperson Acting after expiry of term Powers, Duties and Functions 22 Additional powers, duties and functions Primary objectives Limitation — socio-economic benefits Meetings 25 Nunavut Settlement Area By-laws and Rules 26 Powers Panels 27 Establishment General Provisions — Commission and Board Members 28 Vacancies during term Term of office Oath of office Remuneration and expenses Removal Staff 33 Employment and remuneration Conflict of Interest 34 Members Status and General Powers 35 Status Head Office 36 Nunavut Settlement Area Languages 37 Language of business Current to June 20, 2022 Last amended on May 27, 2022 iv Nunavut Planning and Project Assessment TABLE OF PROVISIONS By-laws and Rules 38 Pre-publication Financial Provisions 39 Annual budget PART 2 Land Use Planning Interpretation 40 Definition of land Policies, Priorities and Objectives 41 Designated area Planning regions Consultations Principles and factors Public hearing Land Use Plans General Provisions 46 Duty Purposes of plan Contents of plan Development 49 Preparation of draft Draft to be made public Public hearing Revision — draft plan Submission — draft plan Decision — draft plan Approval — plan Nunavut Water Board Municipalities Factors to consider Amendment 59 Proposal for amendment Revision of amendment Submission of proposed amendment Decision — proposed amendment Nunavut Water Board Municipalities Factors to consider Current to June 20, 2022 Last amended on May 27, 2022 v Nunavut Planning and Project Assessment TABLE OF PROVISIONS Periodic Review 66 Commission Public hearing Implementation 68 Duty — general Duty — licences, etc. Parks and Conservation Areas 70 Existing parks and historic places Municipalities 71 Municipal plans — development Compatibility of plans PART 3 Assessment of Projects to Be Carried Out in the Designated Area Interpretation 73 Definitions Compliance 74 Prohibitions Regulatory authorities Review by Commission Project Proposal 76 Duty — proponent Land Use Plan in Effect Determination 77 Conformity with plan Project in Conformity with Land Use Plan 78 Verification — screening Project not exempt from screening Project exempt from screening Project Not in Conformity with Land Use Plan 81 Minor variance Request for ministerial exemption Time Limit 83 Performance of certain functions Time not counted — additional information No Land Use Plan 85 Verification — screening Current to June 20, 2022 Last amended on May 27, 2022 v Nunavut Planning and Project Assessment TABLE OF PROVISIONS Screening by Board 86 Scope of project Screening Purpose of screening Project to be reviewed Significance of impacts — factors Project to be modified or abandoned Report — Board Board determines review not necessary Board determines review necessary Board determines project be modified or abandoned Particular issues or concerns — Board Particular issues or concerns — panel Location of impacts Review Board 99 Scope of project Review Impact statement — guidelines Conduct of review Factors to consider Report — Board Determination to proceed Determination not to proceed Revised report — rejection of conditions Socio-economic terms and conditions Consultation Notification by Minister Project certificate Reconsideration of terms and conditions Location of impacts Priority Federal Environmental Assessment Panel 115 Establishment Primary objectives Terms of reference Scope of project Current to June 20, 2022 Last amended on May 27, 2022 vi Nunavut Planning and Project Assessment TABLE OF PROVISIONS Review Impact statement — guidelines Public hearing Factors to consider Report — panel Conclusions — Board Determination to proceed Determination not to proceed Report — rejection of conditions Socio-economic terms and conditions Consultation Approval of Governor in Council Notification by Minister Project certificate Location of impacts Project Terms and Conditions Compatibility 134 Prescribed standards Monitoring Programs 135 Impacts of project Implementation 136 Duty — general Duty — licences, etc. Prevailing terms and conditions Decision of independent regulatory agency Inuit Impact and Benefit Agreements General Provisions Modifications to Project During Assessment 141 Notice — proponent Notice — authority assessing project Requests During Assessment 143 Request — suspension Additional information Modifications to Project After Assessment 145 Modification not significant Significant modification Projects Not Carried Out 147 New assessment Current to June 20, 2022 Last amended on May 27, 2022 vi Nunavut Planning and Project Assessment TABLE OF PROVISIONS Consultations 148 Consultation — Minister Multiple Responsible Ministers 149 Joint exercise of powers, etc. Reasons for Decisions 150 Written reasons Special Cases National Security 151 Non-application of this Part Emergency Situations 152 Non-application of this Part Community Resupply and Ship Movements 153 No screening Exploration, Developmental or Development Activities 154 Licences — Nunavut Water Board Licences — regulatory authorities Transboundary Projects Review by Commission 156 Application — entire project Screening by Board 157 Application — entire project Review Board 158 Scope of project Agreement — coordination Federal Environmental Assessment Panel or Joint Panel 160 Ministerial decision Federal environmental assessment panel Joint panel Parks and Conservation Areas Projects 163 Definition of responsible authority Project proposal Conformity with requirements Verification — screening Project not exempt from screening Project exempt from screening Current to June 20, 2022 Last amended on May 27, 2022 ix Nunavut Planning and Project Assessment TABLE OF PROVISIONS Time limit Application of certain provisions Project partly outside park, etc. Projects inside certain conservation areas Establishment, Abolition and Alteration of Area Interpretation 173 Ministerial initiative Proposal 174 Duty — department or agency Land Use Plan in Effect 175 Conformity with plan Initiative in conformity with plan Initiative not in conformity with plan Request for ministerial exemption Time limit Time not counted — additional information No Land Use Plan 181 Sending of proposal Application of certain provisions Applicable Regime Previous Work 183 Consideration PART 4 Review of Projects to Be Carried Out Outside the Designated Area 184 Initiative Review by Board Report Follow-up Interpretation PART 5 General Provisions Interpretation 189 Initiative Standing During Assessment 190 Standing — certain Indian bands Standing — Makivik Current to June 20, 2022 Last amended on May 27, 2022 x Nunavut Planning and Project Assessment TABLE OF PROVISIONS Coordination of Activities 192 Commission and Board Nunavut Water Board Similar institutions Agreement — impacts outside designated area Advice regarding marine areas Information and Documents Obtaining Information 197 Required information Limitation — restriction on disclosure Use of Information 199 Limitation — use for exercising powers, etc. Communication of Information and Documents 200 Decisions and reports — Commission Public registry — Commission Public registry — Board Joint registry Limitation Prevention of unauthorized disclosure Exercise of discretion Rights Preserved 207 Approval or amendment during assessment Stoppage, etc. — less than five years Administration and Enforcement Designation 209 Designation Powers 210 Authority to enter Warrant for dwelling-house Entering private property Use of force Orders 214 Measures required Coordination 215 Activities — designated persons Injunction 216 Court — powers Current to June 20, 2022 Last amended on May 27, 2022 x Nunavut Planning and Project Assessment TABLE OF PROVISIONS Prohibitions, Offences and Punishment 217 Obstruction False statements or information Offence and punishment Judicial Matters Court Jurisdiction 220 Judicial review — concurrent jurisdiction Court reference Standing Decisions final Immunity 224 Things done in good faith Disclosure made in good faith Time Limits 226 Authority, etc. General Monitoring 227 Plan Regulations and Orders 228 Regulations Schedule 2 Schedule 3 — proposed agreement PART 6 Transitional Provisions 231 Members and employees Policies, priorities and objectives regarding planning Land use plans Municipal plans Projects — assessment under Agreement SCHEDULE 1 SCHEDULE 2 Designated Regulatory Agencies SCHEDULE 3 Classes of Works and Activities Exempt from Screening Current to June 20, 2022 Last amended on May 27, 2022 xi S.C. 2013, c. 14, s. 2 An Act respecting land use planning and the assessment of ecosystemic and socioeconomic impacts of projects in the Nunavut Settlement Area and making consequential amendments to other Acts [Assented to 19th June 2013] Preamble Whereas Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that came into force on July 9, 1993 on its ratification by both parties; And whereas the Nunavut Planning Commission and the Nunavut Impact Review Board were established under that agreement, which provides that the substantive powers, functions, duties and objectives of those institutions of public government must be set out in statute; And whereas it is desirable to set out a regime for land use planning and project assessment that recognizes the importance of responsible economic development and conservation and protection of the ecosystems and that encourages the well-being and self-reliance of the Inuit and other residents of the designated area, taking into account the interests of all Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Short Title Sections 1-2 Short Title Short title 1 This Act may be cited as the Nunavut Planning and Project Assessment Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under it. (accord) Board means the Nunavut Impact Review Board referred to in section 18. (Version anglaise seulement) Commission means the Nunavut Planning Commission referred to in section 10. (Version anglaise seulement) conservation area means an area listed in Schedule 9-1 to the Agreement and any of the following: (a) a wildlife area established under the Canada Wildlife Act; (b) a critical habitat, wildlife sanctuary or special management area, as defined in section 2 of the Wildlife Act, S.Nu. 2003, c. 26; (c) a migratory bird sanctuary prescribed under the Migratory Birds Convention Act, 1994; (d) a wetland of international importance, as defined in Article 2 of the Convention on Wetlands of International Importance especially as Waterfowl Habitat, concluded at Ramsar on February 2, 1971 and in force in Canada on May 15, 1981, that is designated by the Government of Canada; (e) a marine protected area designated under paragraph 35(3)(a) of the Oceans Act; (f) a protected marine area established under subsection 4.1(1) of the Canada Wildlife Act; (g) a Canadian heritage river referred to in paragraph 4(1)(b) of the Parks Canada Agency Act; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Interpretation Section 2 (h) a historic place designated under the Historic Sites and Monuments Act; (i) a historic place designated under the Historical Resources Act, R.S.N.W.T. 1988, c. H-3; and (j) any other area of particular significance for ecological, cultural, archaeological, research or similar reasons, if established under an Act of Parliament or territorial law. (aire de préservation) department or agency means (a) a department, agency or other portion of the federal public administration; and (b) a department, agency or other division of the public service of Nunavut. (ministère ou organisme) designated area means the area that consists of the Nunavut Settlement Area and the Outer Land Fast Ice Zone. (région désignée) designated Inuit organization means (a) Tunngavik or, in respect of a provision of this Act, the organization designated in the public record, which is maintained by Tunngavik under the Agreement, as being responsible for the exercise of any power or the performance of any duty or function under the corresponding provision of the Agreement; or (b) in respect of Inuit owned lands in the areas of equal use and occupancy, Makivik acting jointly with the organization determined under paragraph (a). (organisation inuite désignée) federal Minister means, other than in the definition proponent in this subsection, section 68, the definition responsible Minister in subsection 73(1), subsections 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173 and subsection 189(1), the Minister of Northern Affairs. (ministre fédéral) interested corporation or organization means, for the purposes of section 43 and subsections 50(2), 101(4) and 120(5), a corporation or other organization that has given written notice to the Commission, the Board or any federal environmental assessment panel, as the case may be, of its interest in providing comments. (intéressée) Inuit of northern Quebec means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Interpretation Section 2 and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. (Inuits du Nord québécois) Inuktitut includes Inuinnaqtun. (inuktitut) land includes, for the purposes of Parts 1 and 3 to 6, land covered by waters, whether in the onshore or offshore. (terres) land use plan does not include a municipal land use plan. (plan d’aménagement) Makivik means the Corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, representing the Inuit of northern Quebec. (Makivik) marine conservation area means a marine conservation area or reserve as defined in subsection 2(1) of the Canada National Marine Conservation Areas Act. (aire marine de préservation) municipality means a municipality or settlement as defined in subsection 28(1) of the Interpretation Act, R.S.N.W.T. 1988, c. I-8, as amended for Nunavut under section 76.05 of the Nunavut Act. (municipalité) national park means a park or park reserve as defined in subsection 2(1) of the Canada National Parks Act. (parc national) park means a national park, a territorial park or a marine conservation area. (parc) project means the carrying out, including the construction, operation, modification, decommissioning or abandonment, of a physical work or the undertaking or carrying out of a physical activity that involves the use of land, waters or other resources. It does not include (a) the undertaking or carrying out of a work or activity if its adverse ecosystemic impacts are manifestly insignificant, taking into account in particular the factors set out in paragraphs 90(a) to (i); (b) the undertaking or carrying out of a work or activity that is part of a class of works or activities prescribed by regulation; or (c) the construction, operation or maintenance of a building or the provision of a service, within a municipality, that does not have ecosystemic impacts outside the municipality and does not involve the deposit of waste by a municipality, the bulk storage of fuel, the production of nuclear or hydro-electric power or any industrial activities. (projet) Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Interpretation Section 2 proponent means a person or entity, including a federal, provincial or territorial minister, department or agency, a municipality or a designated Inuit organization, that proposes the carrying out of a project. (promoteur) regulatory authority means a minister — other than for the purposes of section 197 —, a department or agency, a municipality or any other public body responsible for issuing a licence, permit or other authorization required by or under any other Act of Parliament or a territorial law for a project to proceed. (autorité administrative) territorial law means an Act of the Legislature for Nunavut. (loi territoriale) territorial Minister means, other than in the definition proponent in this subsection, paragraph 19(2)(d), section 68, the definition responsible Minister in subsection 73(1), subsections 94(5), 135(5), 136(1) and 149(2), paragraph 152(1)(b), section 173, subsection 189(1) and paragraph 200(2)(c), the Minister of Environment for Nunavut. (ministre territorial) Tunngavik means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation. (Tunngavik) waters means inland waters on or below the surface of land and marine waters, whether in a liquid or solid state. (eaux) Definitions from Agreement (2) In this Act (a) ecosystemic has the same meaning as in section 12.1.1 of the Agreement; (b) Inuit owned lands, marine areas, Nunavut Settlement Area, Outer Land Fast Ice Zone, territorial park and wildlife have the same meaning as in section 1.1.1 of the Agreement; and (c) areas of equal use and occupancy has the same meaning as in section 40.2.2 of the Agreement. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Interpretation Sections 2-5 Interpretation (3) For greater certainty, in this Act the issuance of a licence, permit or other authorization, includes a renewal, an amendment or an extension of its period of validity. 2013, c. 14, s. 2 “2”; 2019, c. 29, s. 374. Inconsistency with Agreement 3 (1) In the event of any inconsistency or conflict between the Agreement and this Act or any regulation made under it, the Agreement prevails to the extent of the inconsistency or conflict. Inconsistency with other Acts (2) In the event of any inconsistency or conflict between this Act or any regulation made under it and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, or any territorial law or any regulation made under that Act or that territorial law, this Act or its regulations prevail to the extent of the inconsistency or conflict. Limitation — orders (3) In the event of any inconsistency or conflict between an order made under section 214 and an order made by any person designated for the purposes of the administration and enforcement of any other Act of Parliament, any requirement imposed on the carrying out of a project by that Act or a term or condition in any licence, permit or other authorization issued under that Act, the order made under section 214 does not prevail over the other order, the requirement or the term or condition for the sole reason that the provisions of this Act prevail over any inconsistent provisions of any other Act of Parliament. Rights preserved 4 For greater certainty, nothing in this Act or its regulations, or in an original or amended project certificate or in any decision indicating that the assessment of a project is complete and that the proponent may carry it out constitutes a defence to a claim for loss or damage sustained by any person by reason of the carrying out of a project. Application Geographic application 5 (1) This Act applies to the designated area. Application outside designated area (2) This Act also applies to projects to be carried out wholly or partly outside the designated area and to Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment Application Sections 5-9 impacts outside that area to the extent necessary to give effect to sections 80, 98, 113, 133, 156 to 162, 168 and 185 to 187. Binding on Her Majesty 6 This Act is binding on Her Majesty in right of Canada or a province. Impact Assessment Act 7 The Impact Assessment Act does not apply in respect of the designated area. 2013, c. 14, s. 2 “7”; 2019, c. 28, s. 188. Consultation Amendments to this Act 8 The federal Minister must consult closely with the territorial Minister, the designated Inuit organization, the Commission and the Board with respect to any amendment to this Act. Delegation Delegation to territorial Minister 9 (1) The federal Minister may delegate, in writing, to the territorial Minister any of the federal Minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the instrument of delegation. However, the delegation must not abrogate or derogate from any Inuit rights under the Agreement. Notice (2) The federal Minister must notify the designated Inuit organization in writing of any delegation made under subsection (1). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Sections 10-11 PART 1 Commission and Board Nunavut Planning Commission Constitution Continuance 10 The Nunavut Planning Commission, established under the Agreement, is continued under this Act. Members 11 (1) The federal Minister must appoint the members of the Commission, including the Chairperson. Composition (2) The following rules apply in respect of the appointment of members of the Commission, other than the Chairperson: (a) at least one member must be appointed on the nomination of the federal Minister; (b) at least one member must be appointed on the nomination of the territorial Minister; and (c) one half of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1). Substitution (3) The organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1) may, for the purpose of ensuring appropriate representation from any planning region in the preparation or amendment of a land use plan, nominate one or more persons to act in the place of an equivalent number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of that organization act in the place of the member or members identified by the organization. Areas of equal use and occupancy (4) If the Commission is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Planning Commission Constitution Sections 11-14 a number of persons equal to one half the number of members appointed under paragraph (2)(c). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(c) and identified by the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1). Residence requirement (5) At least one half of the members appointed under subsection (2) must reside in the designated area. Persons not eligible for appointment (6) Employees of a department or agency are not eligible to be members of the Commission. Chairperson 12 (1) After consultation with the territorial Minister, the Chairperson of the Commission is to be appointed from among the persons who are nominated by the Commission. Appointment of another member (2) If a member of the Commission is appointed Chairperson, the federal Minister must appoint another person to be a member of the Commission in accordance with section 11. Acting after expiry of term 13 If a Commission member’s term expires before the review of a project by the Commission is complete, the member continues to act as a member in relation to that project until that review is complete. The Chairperson of the Commission must notify the federal Minister in writing of any member acting under this section. Powers, Duties and Functions Additional powers, duties and functions 14 In addition to its powers, duties and functions specified elsewhere in this Act, the Commission must (a) monitor projects approved under Part 3 to verify that they are carried out in conformity with any applicable land use plan; (b) report annually in writing to the federal Minister, the territorial Minister and the designated Inuit organization on the implementation of the land use plan; (c) contribute to the development and review of marine policy in the Arctic; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Planning Commission Powers, Duties and Functions Sections 14-17 (d) exercise the powers and perform the duties and functions referred to in section 11.9.1 of the Agreement in relation to the cleanup of waste sites; and (e) exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization. Principles — section 11.2.1 of Agreement 15 The Commission must exercise its powers and perform its duties and functions with a view to fulfilling the objectives of the Agreement in relation to land use planning in accordance with the principles referred to in section 11.2.1 of the Agreement. Meetings Participation by telecommunications 16 Subject to the Commission’s by-laws and rules, a member of the Commission may participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting. By-laws and Rules Powers 17 (1) The Commission may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting (a) the calling of its meetings and sittings and the conduct of business at them; (b) the establishment of technical panels; (c) procedures for making submissions and complaints to the Commission; (d) procedures for collecting information and opinions, including procedures for conducting formal and informal public hearings and public reviews; (e) the form and content of descriptions to be submitted with respect to projects; and (f) the admissibility of evidence. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Planning Commission By-laws and Rules Sections 17-19 Inuit traditions (2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision-making. Statutory Instruments Act (3) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act. Nunavut Impact Review Board Constitution Continuance 18 The Nunavut Impact Review Board, established under the Agreement, is continued under this Act. Members 19 (1) The Board consists of nine members, including the Chairperson. Composition (2) The members of the Board, other than the Chairperson, must be appointed as follows: (a) two members must be appointed by the federal Minister; (b) four members must be appointed by the federal Minister on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1); (c) one member must be appointed by the territorial Minister; and (d) one member must be appointed by one or more territorial ministers. Additional members (3) Despite subsection (1), additional members may be appointed for a specific purpose in the manner and in the proportions set out in subsection (2). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Impact Review Board Constitution Sections 19-22 Areas of equal use and occupancy (4) If the Board is called on to make a decision under Part 3 in respect of a project to be carried out in an area of equal use and occupancy, Makivik may nominate a number of persons equal to one half the number of members appointed under paragraph (2)(b). The person or persons appointed by the federal Minister on the nomination of Makivik act in the place of an equivalent number of members appointed under paragraph (2)(b) and identified by the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1). Chairperson 20 (1) After consulting with the territorial Minister, the federal Minister must appoint a Chairperson of the Board from among the persons nominated by the other members of the Board. If there are equally qualified nominees, the federal Minister must give preference to the nominees who reside in the designated area. Appointment of another member (2) If a member of the Board, appointed under any of paragraphs 19(2)(a) to (d), is appointed Chairperson, the minister who appointed that member must appoint another person to be a member of the Board under that paragraph. Acting after expiry of term 21 If a Board member’s term expires before the screening or review of a project by the Board is complete, the member continues to act as a member in relation to that project until the screening or review is complete. The Chairperson of the Board must notify the federal Minister in writing of any member acting under this section. Powers, Duties and Functions Additional powers, duties and functions 22 In addition to its powers, duties and functions specified elsewhere in this Act, the Board must exercise any powers and perform any duties and functions that may be agreed on by the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, and the designated Inuit organization. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Impact Review Board Powers, Duties and Functions Sections 23-25 Primary objectives 23 (1) The Board must exercise its powers and perform its duties and functions in accordance with the following primary objectives: (a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and (b) to protect the ecosystemic integrity of the designated area. Other residents (2) In exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a), the Board must take into account the well-being of residents of Canada outside the designated area. Interpretation (3) For greater certainty, the Board must exercise its powers and perform its duties and functions under paragraphs 92(2)(a), 104(1)(c) and 112(5)(b), section 124 and subsection 152(4) in accordance with the objectives set out in subsection (1). Limitation — socio-economic benefits 24 The Board is not authorized to establish, in the exercise of its powers or the performance of its duties and functions, requirements relating to socio-economic benefits. Meetings Nunavut Settlement Area 25 (1) The Board must, whenever practicable, hold its meetings within the Nunavut Settlement Area. Participation by telecommunications (2) A member of the Board may, subject to the Board’s by-laws and rules, participate in a meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Act to be present at that meeting. Request by members for meeting (3) The Chairperson must call a meeting of the Board within 21 days after receiving a written request for a meeting, indicating its purpose, from at least five members. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Impact Review Board Meetings Sections 25-26 Voting (4) Decisions of the Board must be made by a majority of votes, with each member, other than the Chairperson, having one vote. In the case of a tie vote, the Chairperson must cast the deciding vote. Quorum (5) Five members of the Board constitute a quorum. By-laws and Rules Powers 26 (1) The Board may make by-laws and rules respecting the conduct and management of its business, including by-laws and rules respecting (a) the calling of meetings of the Board and the conduct of business at them; (b) the establishment of special and standing committees and the fixing of quorum for meetings of those committees; (c) procedures for making submissions and complaints to the Board; (d) procedures and guidelines for collecting information and opinions, including procedures for the conduct of public hearings by the Board or one of its panels; (e) the establishment of guidelines for the preparation of impact statements; (f) the establishment of guidelines respecting time limits for completing each step of a review that the Board carries out under Part 3 or 4; and (g) the admissibility of evidence in public hearings conducted by the Board or one of its panels. Inuit traditions (2) A by-law or rule made under paragraph (1)(d) must give due regard and weight to the Inuit traditions regarding oral communication and decision making. Public hearings (3) By-laws and rules relating to the conduct of public hearings must (a) emphasize flexibility and informality to the extent that is consistent with the general application of the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board Nunavut Impact Review Board By-laws and Rules Sections 26-29 rules of procedural fairness and natural justice and in particular must allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and (b) with respect to any classification of intervenors, allow a designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents. Statutory Instruments Act (4) By-laws and rules made under this section are not statutory instruments for the purposes of the Statutory Instruments Act. Panels Establishment 27 (1) The Board may establish panels and delegate any of its powers, duties and functions to them. Chairperson (2) The Board must appoint a Chairperson for each panel. Composition (3) In addition to the Chairperson, each panel must consist of an even number of members half of whom must be members appointed under paragraph 19(2)(a), (c) or (d) and half of whom must be members appointed under paragraph 19(2)(b). General Provisions — Commission and Board Members Vacancies during term 28 If a vacancy occurs during the term of a member of the Commission or the Board, other than a member appointed under subsection 19(3), the minister who appointed the member must appoint another member as soon as practicable in accordance with section 11 or 19, as the case may be. Term of office 29 (1) Members of the Commission and the Board, including the Chairpersons and any member appointed under section 28, are appointed to hold office for a term of three years. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board General Provisions — Commission and Board Members Sections 29-33 Other members (2) Despite subsection (1), members appointed under subsection 11(3) or (4) or 19(3) or (4) are appointed to hold office for a term not exceeding three years. Reappointment (3) A member is eligible to be reappointed to the Commission or the Board in the same or another capacity. Oath of office 30 Before taking up their duties, members of the Commission and the Board must take the oath of office set out in Schedule 1 before a person who is authorized by law to administer oaths. Remuneration and expenses 31 (1) The members of the Commission and the Board must receive fair remuneration, as determined by the federal Minister, for the performance of their duties and must be paid any travel and living expenses that are incurred while absent from their ordinary place of residence in the course of performing their duties and that are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Removal 32 A member of the Commission or the Board may be removed for cause by the minister who appointed the member. If the member was nominated by the designated Inuit organization or the territorial Minister, the federal Minister may remove the member only after consulting the designated Inuit organization or the territorial minister, as the case may be. Staff Employment and remuneration 33 (1) The Commission and the Board may employ any officers and employees and engage the services of any agents, advisers and experts that are necessary for the proper conduct of the business of the Commission or the Board and may fix the terms and conditions of their employment or engagement and pay their remuneration. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board General Provisions — Commission and Board Staff Sections 33-35 Workers’ compensation (2) An officer or employee of the Commission or the Board is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the federal public administration for the purposes of any regulations made under section 9 of the Aeronautics Act. Conflict of Interest Members 34 (1) A member of the Commission or the Board must not participate in a decision on a matter in which that member has a conflict of interest. Staff (2) An officer or employee of the Commission or the Board or agent, adviser or expert must not act in a matter in which that person has a conflict of interest. Status of Inuk (3) A member referred to in subsection (1) or a person referred to in subsection (2) is not placed in a conflict of interest solely because that member or person is an Inuk as defined in section 1.1.1 of the Agreement. Guidelines (4) Subject to any regulations made under paragraph 228(1)(a) and any rules established by the Treasury Board, the Commission and the Board may issue guidelines regarding conflicts of interest in respect of their members or persons referred to in subsection (2). Status and General Powers Status 35 (1) The Commission and the Board are institutions of public government. Property and contracts (2) The Commission and the Board may, for the purposes of conducting their business, (a) acquire property in their own names and dispose of the property; and (b) enter into contracts in their own names. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board General Provisions — Commission and Board Status and General Powers Sections 35-38 Commission or the Board may be brought or taken by or against the Commission or the Board in its name in any court that would have jurisdiction if the Commission or the Board were a corporation. Head Office Nunavut Settlement Area 36 The head offices of the Commission and the Board must be in the Nunavut Settlement Area. Languages Language of business 37 (1) The Commission and the Board must conduct their business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, in Inuktitut. Public hearings and reviews (2) The Commission and the Board must conduct public hearings, and the Commission must conduct public reviews, in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the federal Minister and, on request by a member, a proponent or an intervenor, in Inuktitut. Members (3) Nothing in subsection (1) or (2) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut. Witnesses (4) The Commission or the Board has, in any proceedings before it, the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut and that, in being so heard, the witness will not be placed at a disadvantage by not being heard in another of those languages. By-laws and Rules Pre-publication 38 (1) The Commission or the Board must give notice at least 60 days before the making of a by-law or rule by (a) publishing the proposed by-law or rule on its website; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board General Provisions — Commission and Board By-laws and Rules Sections 38-39 (b) publishing a notice in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area indicating the time and manner in which the proposed by-law or rule may be examined; and (c) sending the proposed by-law or rule to the federal Minister, the territorial Minister, the designated Inuit organization and the council of each municipality in the designated area. Comments invited (2) The notice referred to in paragraph (1)(b) must include an invitation to interested persons, including corporations and other organizations, to make comments in writing to the Commission or the Board about the proposed by-law or rule within 60 days after publication of the notice. Response to comments (3) The Commission or the Board may only make the bylaw or rule if it has responded to any comments made within the time limit set out in subsection (2). Exception (4) Once a notice is published under subsection (1), the Commission or the Board is not required to publish any further notice about any amendment to the proposed bylaw or rule that results from comments made by interested persons. Notice (5) As soon as practicable after the by-law or rule has been made, the Commission or the Board must publish a notice that the by-law or rule has been made and is included in the public registry referred to in section 201 or 202, as the case may be, on its website, in the Canada Gazette and in a newspaper or other periodical that, in its opinion, has a large circulation in the designated area. Financial Provisions Annual budget 39 (1) The Commission and the Board must each submit, annually, a budget for the following fiscal year to the federal Minister for review and approval. Accounts (2) The Commission and the Board must maintain books of account, and records in relation to them, in accordance with accounting principles recommended by the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 1 Commission and Board General Provisions — Commission and Board Financial Provisions Sections 39-42 Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (3) The Commission and the Board must, within the time after the end of each fiscal year specified by the federal Minister, each prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2) and must include in the consolidated financial statements any documents or information that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Commission and the Board must be audited annually by the auditor of the Commission or the Board, as the case may be, and, on request by the federal Minister, the Auditor General of Canada. The auditor and, if applicable, the Auditor General of Canada must make a written report of the audit to the Commission or the Board and to the federal Minister. 2013, c. 14, s. 2 “39”; 2017, c. 26, s. 62. PART 2 Land Use Planning Interpretation Definition of land 40 In this Part, land includes land covered by water, whether in the onshore or offshore, waters and resources, including wildlife. Policies, Priorities and Objectives Designated area 41 The Commission is responsible for the establishment, in conjunction with the Government of Canada or the Government of Nunavut, or both, taking into account their respective jurisdictions, of broad planning policies, priorities and objectives for the designated area regarding the conservation, development, management and use of land. Planning regions 42 (1) The Commission must identify planning regions and may, for each planning region, identify specific planning objectives and planning variables regarding the conservation, development, management and use of land. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Policies, Priorities and Objectives Sections 42-46 Consistency (2) The specific planning objectives must be consistent with the broad objectives established for the designated area. Consultations 43 The Commission must seek the opinions of affected municipalities, interested corporations and organizations, residents and other interested persons regarding specific objectives and land use planning options for the region. Principles and factors 44 The principles and factors set out in sections 11.2.1 and 11.2.3 of the Agreement must guide the development of broad policies, priorities and objectives under section 41 and specific planning objectives under section 42. Public hearing 45 The Commission may, in exercising its powers and performing its duties and functions under sections 41 to 43, hold a public hearing in accordance with the by-laws and rules made under section 17. Land Use Plans General Provisions Duty 46 (1) The Commission must exercise its powers and perform its duties and functions in relation to land use plan development under this Part so that the entire designated area is, as soon as practicable, subject to either (a) one land use plan for the entire designated area; or (b) two or more land use plans, each relating to one or more planning regions within the designated area. No overlap (2) For greater certainty, no portion of the designated area is to be subject to more than one land use plan. Merger of plans (3) The Commission may merge the land use plans referred to in paragraph (1)(b) to form a land use plan referred to in paragraph (1)(a). If the substance of the land Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans General Provisions Sections 46-48 use plans being merged is not changed, such a merger is not an amendment and sections 59 to 65 do not apply. Purposes of plan 47 A land use plan has the following purposes: (a) to protect and promote the existing and future well-being of the residents and communities of the designated area, taking into account the interests of all Canadians; and (b) to protect and, if necessary, restore the environmental integrity of the designated area or the planning region, as the case may be. Contents of plan 48 (1) A land use plan must provide for the conservation and use of land and guide and direct resource use and development and must, in particular, provide for a strategy regarding the implementation of the plan and take into account (a) the broad planning policies, priorities and objectives established for the designated area; (b) the specific planning objectives and planning variables identified for any applicable planning region; (c) the factors referred to in section 11.3.1 of the Agreement; and (d) Inuit objectives for Inuit owned lands. Permitted uses (2) A land use plan may contain descriptions of permitted, subject to any terms and conditions that the plan sets out, and prohibited uses of land. Minor variances (3) A land use plan may authorize the Commission to grant minor variances and may set out the conditions subject to which they may be considered and granted. Offences (4) A land use plan must identify each requirement set out in that plan whose contravention is prohibited under paragraph 74(f). Articles 5 and 7 of Agreement (5) A land use plan must be developed and implemented in a manner that is consistent with the principles and requirements of Articles 5 and 7 of the Agreement. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Development Sections 49-52 Development Preparation of draft 49 After concluding any consultations that it considers appropriate, the Commission must prepare a draft land use plan for the entire designated area or for one or more planning regions. Draft to be made public 50 (1) Before holding a public hearing in respect of a draft land use plan, the Commission must make the draft public and must do so in a manner designed to promote participation in its examination by the public. Invitation to comment (2) The Commission must solicit written and oral comments on the draft land use plan from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public. Public hearing 51 (1) After allowing a reasonable period for the submission of comments on the draft land use plan, the Commission must hold a public hearing in respect of it. Duty (2) The Commission must take all necessary steps to promote public awareness of, and public participation in, the public hearing, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information. Conduct of hearing (3) In conducting a public hearing, the Commission must give great weight to the Inuit traditions regarding oral communication and decision-making and must accord to the designated Inuit organization full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents. Revision — draft plan 52 After the public hearing is held, the Commission must consider any comments made in respect of the draft land use plan under subsection 50(2) or submissions made during the hearing and make any revisions to the draft land use plan that it considers appropriate. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Development Sections 53-55 Submission — draft plan 53 The Commission must submit the original or revised draft land use plan, which it must make public, and a written report of the proceedings at the public hearing held in respect of it, to the federal Minister, the territorial Minister and the designated Inuit organization. Decision — draft plan 54 (1) As soon as practicable after receiving a draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons and return it to the Commission. Revised plan (2) If the plan is rejected by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public hearing under sections 50 to 52 that it considers necessary, make any changes that it considers appropriate and submit a revised draft land use plan to the Ministers and the designated Inuit organization. Decision — revised plan (3) As soon as practicable after receiving a revised draft land use plan, the federal Minister, the territorial Minister and the designated Inuit organization must accept it jointly or reject it with written reasons. Acceptance and recommendation (4) After an original or revised draft land use plan is accepted under subsection (1) or (3), the federal Minister must recommend its approval to the Governor in Council and the territorial Minister must recommend its approval to the Executive Council of Nunavut. Approval — plan 55 (1) The Governor in Council and the Executive Council of Nunavut may approve the draft land use plan if its approval was recommended under subsection 54(4). Effective date (2) A land use plan comes into effect when it is approved under subsection (1). Publication (3) The Commission must make the land use plan public. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Development Sections 55-59 Statutory Instruments Act (4) Land use plans are not statutory instruments for the purposes of the Statutory Instruments Act. Nunavut Water Board 56 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Municipalities 57 The Commission must, in exercising its powers and performing its duties and functions under sections 49 and 52 and subsection 54(2), give great weight to the views and wishes of the municipalities in the area to which the draft land use plan relates. Factors to consider 58 In exercising their powers and performing their duties and functions under sections 49 and 52 and subsections 54(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests. Amendment Proposal for amendment 59 (1) The federal Minister, the territorial Minister, the designated Inuit organization or any person, including a corporation or other organization, affected by a land use plan may propose to the Commission an amendment to that plan. Consideration by Commission (2) The Commission must consider the proposed amendment and, if it considers it appropriate to do so, conduct a public review in accordance with the by-laws and rules made under section 17. Amendment proposed by Commission (3) The Commission may, on its own initiative, propose an amendment to a land use plan and must subsequently conduct a public review in accordance with the by-laws and rules made under section 17. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Amendment Sections 59-62 Proposed amendment to be made public (4) If the Commission conducts a public review in respect of a proposed amendment, the Commission must make the proposal public in a manner that is designed to promote public participation in its examination. Revision of amendment 60 The Commission must consider the submissions made during a public review in respect of a proposed amendment and may make any revisions to the proposed amendment that it considers appropriate. Submission of proposed amendment 61 (1) The Commission must submit the original or revised proposed amendment to the federal Minister, the territorial Minister and the designated Inuit organization with a written report of any public review and its recommendation as to whether the amendment should be accepted or rejected, in whole or in part. Exception (2) Despite subsection (1), the Commission may, following public review, withdraw a proposed amendment that it initiated. Decision — proposed amendment 62 (1) As soon as practicable after receiving the proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept the Commission’s recommendation jointly or reject it, in whole or in part, with written reasons. Revised proposal (2) If the Commission’s recommendation is rejected, in whole or in part, by the federal Minister, the territorial Minister or the designated Inuit organization, the Commission must, after considering the reasons, which it may make public, undertake once again any measures in relation to the holding of a public review under subsections 59(2) and (4) and section 60 that it considers necessary, make any changes it considers appropriate and submit a revised proposed amendment to the federal Minister, territorial Minister and designated Inuit organization. Decision — revised proposal (3) As soon as practicable after receiving a revised proposed amendment, the federal Minister, territorial Minister and designated Inuit organization must accept it jointly or reject it with written reasons. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Amendment Sections 62-67 Coming into force (4) Any amendment to a land use plan based on an original or revised proposal for amendment comes into force when it is approved under subsection (1) or (3). Publication (5) The Commission must make any amendment to a land use plan public. Nunavut Water Board 63 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), consult with the Nunavut Water Board and take into account any recommendations provided by that Board under subsection 36(1) of the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Municipalities 64 The Commission must, in exercising its powers and performing its duties and functions under section 60 and subsection 62(2), give great weight to the views and wishes of the municipalities in the area to which the proposed amendment relates. Factors to consider 65 In exercising their powers and performing their duties and functions under subsections 59(2) and (3), section 60 and subsections 62(1) to (3), the Commission, the federal Minister, the territorial Minister and the designated Inuit organization must take into account all relevant factors, including the purposes set out in section 47, the requirements set out in section 48 and existing rights and interests. Periodic Review Commission 66 The Commission may review a land use plan periodically to verify whether, and the extent to which, it continues to achieve the purposes set out in section 47 and fulfil the requirements set out in section 48. Public hearing 67 The Commission may, in conducting its review of the land use plan, hold a public hearing in accordance with the by-laws and rules made under section 17. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Implementation Sections 68-69 Implementation Duty — general 68 Each federal or territorial minister, each department or agency and each municipality must, to the extent of their authority to do so, implement any land use plan that is in effect and carry out their activities in conformity with it. Duty — licences, etc. 69 (1) Each regulatory authority must, to the extent of its authority to do so, ensure that any licence, permit or other authorization that it issues implements any applicable requirements of any applicable land use plan, including those identified under subsection 48(4). Minor variances and ministerial exemptions (2) If a minor variance or a ministerial exemption has been granted in respect of a project under paragraph 81(2)(a) or 82(2)(a), as the case may be, subsection (1) does not apply in respect of the requirements for that project in respect of which the variance or exemption was granted. New prohibitions (3) Subsection (1) does not apply in relation to land uses that, (a) in the case of a project referred to in subsection 207(1), are prohibited by a land use plan approved after the day on which the project proposal was submitted in accordance with section 76 or by amendments made to a land use plan after that day; (b) in the case of a project referred to in subsection 207(2) or paragraph 208(1)(a), are prohibited by a land use plan approved after the day on which the carrying out of the project was authorized under Part 3 or by amendments made to a land use plan after that day; (c) in the case of the rebuilding of a work referred to in paragraph 208(1)(b), are prohibited by a land use plan approved after the day on which the carrying out of the project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day; (d) in the case of a project referred to in subsection 208(6) relating to a project that has been stopped or shut down for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project was authorized under Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Land Use Plans Implementation Sections 69-70 Part 3 or by amendments made to a land use plan after that day; or (e) in the case of a project referred to in subsection 208(6) relating to the rebuilding of a work that has been closed for five years or more, are prohibited by a land use plan approved after the day on which the carrying out of the original project to which the work relates was authorized under Part 3 or by amendments made to a land use plan after that day. New terms and conditions (4) For greater certainty, subsection (1) applies, in the case of a project described in any of paragraphs (3)(a) to (e), in relation to terms and conditions in respect of land uses that are set out in a land use plan approved after the day set out in the relevant paragraph or that are set out in amendments made to a land use plan after that day. Additional or more stringent requirements (5) For greater certainty, a regulatory authority may impose, to the extent of its authority to do so, requirements that are in addition to, or more stringent than, those referred to in subsection (1). Consultation (6) A regulatory authority may consult the Commission with a view to determining the most effective means of complying with its obligation under subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Commission in order to obtain its comments and recommendations. Parks and Conservation Areas Existing parks and historic places 70 (1) This Part and the broad planning policies, priorities and objectives, the specific planning objectives and any land use plan, established under this Part, do not apply in respect of a park that has been established or to a historic place that has been designated under the Historic Sites and Monuments Act and is administered by the Parks Canada Agency. Creation of parks and historic places (2) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 2 Land Use Planning Parks and Conservation Areas Sections 70-73 any initiative whose purpose is to establish a park or designate a historic place referred to in subsection (1). Conservation area (3) This Part and the broad planning policies, priorities, objectives, the specific planning objectives and any land use plan, established under this Part, apply in respect of conservation areas, other than historic places referred to in subsection (1), after they are established and to any initiative whose purpose is to establish such a conservation area. Municipalities Municipal plans — development 71 (1) The principles set out in Article 11 of the Agreement in respect of land use planning must guide the development of municipal land use plans for municipalities in the designated area. Notice (2) Each municipality must give the Commission written notice of the adoption of a municipal land use plan. Compatibility of plans 72 The Commission and municipalities must cooperate for the purpose of ensuring compatibility between municipal land use plans and any land use plan established under this Part. PART 3 Assessment of Projects to Be Carried Out in the Designated Area Interpretation Definitions 73 (1) The following definitions apply in this Part. responsible Minister means (a) the federal minister or the territorial minister, as the case may be, who has the jurisdictional responsibility for authorizing a project to proceed; or Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Interpretation Sections 73-74 (b) the Minister of Northern Affairs, if there is no federal minister or territorial minister who has the responsibility referred to in paragraph (a). (ministre compétent) traditional knowledge means the accumulated body of knowledge, observations and understandings about the environment, and about the relationship of living beings with one another and with the environment, that is rooted in the traditional way of life of Inuit of the designated area. (connaissances traditionnelles) Interpretation (2) Paragraph (b) of the definition responsible Minister in subsection (1) applies if the responsibility for authorizing the project to proceed is under the sole jurisdiction of a designated regulatory agency set out in Schedule 2. 2013, c. 14, s. 2 “73”; 2019, c. 29, s. 374. Compliance Prohibitions 74 It is prohibited to carry out a project, in whole or in part, if (a) a project proposal has not been submitted to the Commission in accordance with section 76; (b) the assessment of the project under this Part has not been completed; (c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3); (d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; (e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed; (f) the project is not carried out in accordance with any requirement identified, under subsection 48(4), in any applicable land use plan, other than a requirement in relation to which a minor variance or a ministerial exemption has been granted under paragraph 81(2)(a) or 82(2)(a), as the case may be; or Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Compliance Sections 74-76 (g) the project is not carried out in accordance with the terms and conditions set out in the original or amended project certificate. Regulatory authorities 75 (1) A regulatory authority is not authorized to issue a licence, permit or other authorization in respect of a project if (a) a project proposal has not been submitted to the Commission in accordance with section 76; (b) the assessment of the project under this Part has not been completed; (c) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3); (d) the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be; or (e) the responsible Minister has decided either that the project could be modified and an amended project proposal submitted to the Commission or that it is not to proceed. No force or effect — licences, etc. (2) A licence, permit or other authorization issued in contravention of any of paragraphs (1)(a) to (e) is of no force or effect. Modification not significant (3) A regulatory authority may issue any licence, permit or other authorization relating to a project approved under this Part that has not been significantly modified without a new assessment of the project being carried out under this Part. Review by Commission Project Proposal Duty — proponent 76 (1) The proponent of a project to be carried out, in whole or in part, in the designated area must submit a project proposal to the Commission. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review by Commission Project Proposal Sections 76-78 Content of proposal (2) A project proposal must contain a description of the project prepared in accordance with the by-laws and rules made under paragraph 17(1)(e). Grouping of related projects (3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, and they are deemed to be a single project for the purposes of this Act. Notice (4) The Commission must publish in its public registry a notice of receipt of the project proposal. That notice must contain a summary of the project, including a description of its nature and an indication of where it is to be carried out, and the proponent’s name. Land Use Plan in Effect Determination Conformity with plan 77 (1) The Commission must determine if a project is in conformity with the land use plan that is applicable to the place where the project is to be carried out. Multiple plans (2) If different portions of the project are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the project is not in conformity with the land use plan applicable to it, the entire project is deemed to not be in conformity. Project in Conformity with Land Use Plan Verification — screening 78 (1) If the Commission determines that the project is in conformity with any applicable land use plan, it must verify whether the project is exempt from screening. Exemption from screening (2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review by Commission Land Use Plan in Effect Sections 78-81 Commission may consult Board (3) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening. Project not exempt from screening 79 If a project is not exempt from screening, the Commission must send the project proposal to the Board in order for it to conduct a screening. Project exempt from screening 80 (1) If a project is exempt from screening and the Commission has concerns in respect of any cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out inside the designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project. No concerns — cumulative impacts (2) If a project is exempt from screening and the Commission does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law. Location of impacts (3) In performing its functions under subsections (1) and (2), the Commission must consider impacts both inside and outside the designated area. Project Not in Conformity with Land Use Plan Minor variance 81 (1) If the Commission determines that the project is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to such a project and whether the conditions set out under subsection 48(3), if any, are met. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review by Commission Land Use Plan in Effect Sections 81-82 Minor variance authorized (2) If the land use plan authorizes the granting of minor variances and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the project is not in conformity with the plan, (a) grant a minor variance, in which case it must verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or (b) refuse to grant a minor variance. Publication (3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public. Objection (4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission in writing that the proposed minor variance should not be granted because (a) the land use plan does not authorize the granting of the minor variance; (b) the conditions subject to which a minor variance may be granted are not met; or (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify. Reasons taken into account and public review (5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review. Extension of time limit (6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the proponent of the extension in writing. Request for ministerial exemption 82 (1) If the Commission determines that the project is not in conformity with an applicable land use plan, the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review by Commission Land Use Plan in Effect Section 82 proponent may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or (b) the Commission’s decision to refuse to grant a minor variance. Ministerial decision (2) The Minister or Ministers, as the case may be, must, within 120 days after receiving a request under subsection (1) either (a) grant the exemption, in which case the Commission must make the decision public, verify whether the project is exempt from screening and comply with the requirements of section 79 or 80, as the case may be; or (b) refuse the exemption. Consultation (3) An exemption may only be granted after consultation with the Commission and the relevant regulatory authorities and relevant departments or agencies that are not regulatory authorities. Extension of time limit (4) If a Minister who has received a request is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the proponent and the Commission of the extension in writing. Limitation (5) For greater certainty, the Commission is not authorized to send the project proposal to the Board under section 79 or subsection 80(1) if it has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review by Commission Land Use Plan in Effect Sections 83-85 Time Limit Performance of certain functions 83 (1) The Commission must exercise its powers and perform its duties and functions under sections 77 to 80 within 45 days after receiving the project proposal. Time not counted (2) If the Commission determines that a project is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties or functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1). Time not counted — public review (3) If the Commission conducts a public review under subsection 81(5), any time required to conduct it does not count as part of the period referred to in subsection 81(2). Time not counted — additional information 84 Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the periods referred to in subsections 81(2) and (4) and 83(1). No Land Use Plan Verification — screening 85 (1) If there is no applicable land use plan, the Commission must, within 45 days after receiving the project proposal, verify whether the project is exempt from screening under subsection 78(2) and must comply with the requirements of section 79 or 80, as the case may be. Request for opinion (2) The Commission may request the Board’s opinion as to whether a particular project is exempt from screening. Time not counted — additional information (3) Any time required for the proponent to provide information required under subsection 144(1) does not count as part of the period referred to in subsection (1). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 86-87 Screening by Board Scope of project 86 (1) The Board must determine the scope of a project in relation to which a project proposal is received under section 79 or subsection 80(1) and must (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it. Consultation (2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them. Process suspended (3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the screening and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project. Screening 87 (1) The Board must screen the project if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1). Limitation (2) For greater certainty, the Board is not authorized to screen a project if the Commission has determined, under section 77, that the project is not in conformity with any applicable land use plan and no minor variance or ministerial exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a), as the case may be. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 88-90 Purpose of screening 88 The purpose of screening a project is to determine whether the project has the potential to result in significant ecosystemic or socio-economic impacts and, accordingly, whether it requires a review by the Board or by a federal environmental assessment panel, as the case may be. Project to be reviewed 89 (1) The Board must be guided by the following considerations when it is called on to determine, on the completion of a screening, whether a review of the project is required: (a) a review is required if, in the Board’s opinion, (i) the project may have significant adverse ecosystemic or socio-economic impacts or significant adverse impacts on wildlife habitat or Inuit harvest activities, (ii) the project will cause significant public concern, or (iii) the project involves technological innovations, the effects of which are unknown; and (b) a review is not required if, in the Board’s opinion, (i) the project is unlikely to cause significant public concern, and (ii) its adverse ecosystemic and socio-economic impacts are unlikely to be significant, or are highly predictable and can be adequately mitigated by known technologies. Prevailing considerations (2) The considerations set out in paragraph (1)(a) prevail over those set out in paragraph (1)(b). Definition of harvest (3) In subparagraph (1)(a)(i), harvest has the same meaning as in section 1.1.1 of the Agreement. Significance of impacts — factors 90 In determining the significance of impacts for the purposes of section 88 and subparagraphs 89(1)(a)(i) and (b)(ii), the Board must take into account the following factors: Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 90-92 (a) the size of the geographic area, including the size of wildlife habitats, likely to be affected by the impacts; (b) the ecosystemic sensitivity of that area; (c) the historical, cultural and archaeological significance of that area; (d) the size of the human and the animal populations likely to be affected by the impacts; (e) the nature, magnitude and complexity of the impacts; (f) the probability of the impacts occurring; (g) the frequency and duration of the impacts; (h) the reversibility or irreversibility of the impacts; (i) the cumulative impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out; and (j) any other factor that the Board considers relevant to the assessment of the significance of impacts. Project to be modified or abandoned 91 The Board must make a determination that a project should be modified or abandoned if the Board is of the opinion that the project has the potential to result in unacceptable adverse ecosystemic or socio-economic impacts. Report — Board 92 (1) The Board must submit a written report to the responsible Minister containing a description of the project that specifies its scope and indicating that (a) a review of the project is not required; (b) a review of the project is required; or (c) the project should be modified or abandoned. Other information (2) In its report, the Board may also (a) recommend specific terms and conditions to apply in respect of a project that it determines may be carried out without a review; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 92-93 (b) identify particular issues or concerns that should be considered in the review of a project that it determines should be reviewed; and (c) provide information regarding the nature and extent of the regional impacts of a project that the responsible Minister must take into account when determining whether a project is in the regional interest. Time of report (3) The Board must submit the report and the project proposal to the responsible Minister within a period that allows the relevant regulatory authorities to issue, within any period prescribed by law or regulation, a licence, permit or other authorization in respect of the project or, if it is earlier, within 45 days after the latest of (a) the day on which the Board receives the project proposal under section 79 or subsection 80(1), (b) the day on which the Board receives any information that is required under subsection 144(1), and (c) the day on which the Board receives a decision, by reason of subsection 86(3), that the project is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to the project. Extension of time limit (4) If the responsible Minister is of the opinion that more time is needed for the Board to submit the report, that Minister may extend the period referred to in subsection (3) and must notify the proponent and the Board of the extension in writing. Board determines review not necessary 93 (1) If the Board determines that a review of the project is not required, the responsible Minister must, within 15 days after receiving the Board’s report, either (a) agree with that determination, in which case the responsible Minister must indicate in the decision that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraph 74(f) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law; or Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 93-94 (b) reject that determination, if the responsible Minister is of the opinion that the project should be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal. Extension of time limit (2) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 120 days and must notify the proponent and the Board of the extension in writing. Deemed decision (3) The responsible Minister is deemed to have made a decision under paragraph (1)(a) if, within the period referred to in subsection (1), that Minister does not make a decision under that subsection and does not extend that period under subsection (2). Board determines review necessary 94 (1) If the Board determines that a review of the project is required, the responsible Minister must, within 90 days after receiving the Board’s report, either (a) agree with that determination and send the project proposal (i) to the Minister of the Environment in order that a federal environmental assessment panel conduct the review if the project involves a matter of national interest and the responsible Minister — after consultation with the Minister of the Environment, the territorial minister and the Board — determines that it is more appropriate for the review to be conducted by such a panel than by the Board, (ii) to the Minister of the Environment in order that a federal environmental assessment panel or a joint panel conduct the review, as the case may be, if the project is to be carried out partly outside the designated area, (iii) despite subparagraph (ii), to the Board to conduct the review if the project is to be carried out partly outside the designated area and the responsible Minister, the Minister of the Environment and the Board determine that the review is to be conducted by the Board, or (iv) to the Board for a review in any other case; or (b) reject that determination if in that Minister’s opinion the project is not in the national or regional interest, and indicate in that Minister’s decision either that Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 94-95 the project could be modified and an amended project proposal submitted to the Commission or that the project is not to proceed. Limit (2) The responsible Minister may only send a project proposal to the Minister of the Environment under subparagraph (1)(a)(i) on an exceptional basis. Transportation of persons or goods (3) Despite subparagraphs (1)(a)(ii) and (iii), if the only activity relating to a project to be carried out outside the designated area is the transportation of persons or goods, the responsible Minister must send the project proposal to the Board to conduct the review unless that Minister determines that the transportation of persons or goods is a significant element of the project and that it is more appropriate for the review to be conducted by a federal environmental assessment panel or a joint panel, as the case may be, than by the Board and the Minister of the Environment agrees with that determination. Consultation (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may consult with the Board and the Minister of Environment. Territorial minister (5) If the responsible Minister is a territorial minister, the reference to responsible Minister in subparagraph (1)(a)(i) means the federal Minister. Extension of time limit (6) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (1) by up to 90 days and must notify the proponent and the Board of the extension in writing. Board determines project be modified or abandoned 95 If the Board determines that a project should be modified or abandoned, the responsible Minister must, within 150 days after receiving the Board’s report and after consultation with the Board, either Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Screening by Board Sections 95-98 (a) agree with the determination that the project has the potential to result in unacceptable adverse ecosystemic and socio-economic impacts and in the decision indicate either that (i) the project could be modified and an amended project proposal submitted to the Commission, or (ii) the project is not to proceed; or (b) reject that determination if the responsible Minister is of the opinion that it is in the national or regional interest that the project be reviewed, in which case subparagraph 94(1)(a)(i), (ii), (iii) or (iv) applies to the project proposal. Particular issues or concerns — Board 96 (1) The responsible Minister may, when sending a project proposal to the Board for review under subparagraph 94(1)(a)(iii) or (iv) or subsection 94(3), identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the Board in its review of the project. Interpretation (2) For greater certainty, nothing in subsection (1) restricts the Board’s ability to consider any other issue or concern within its jurisdiction in the course of its review. Particular issues or concerns — panel 97 When sending a project proposal to a federal environmental assessment panel under subparagraph 94(1)(a)(i) or (ii), the responsible Minister may, in consultation with the Minister of the Environment, identify particular issues or concerns, including those referred to in paragraph 92(2)(b), that must be considered by the federal environmental assessment panel or a joint panel, as the case may be, in its review of the project. Location of impacts 98 The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 88 to 97. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Sections 99-101 Review Board Scope of project 99 (1) The Board must determine the scope of a project in relation to which a project proposal is received under subparagraph 94(1)(a)(iv) and the Board must (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it. Consultation (2) The Board may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them. Process suspended (3) If the Board makes an inclusion under paragraph (1)(a), it must not proceed with the review and the Commission and the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project. Review 100 The Board must review the project if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and (a) the Commission, after exercising its powers and performing its duties and functions in relation to the entire project, comes to the conclusion referred to in section 79 or subsection 80(1); and (b) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board is to conduct the review of the project. Impact statement — guidelines 101 (1) The Board must issue guidelines in respect of the preparation by the proponent of a statement of the ecosystemic and socio-economic impacts of the project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Section 101 Exception (2) Despite subsection (1), the Board need not issue guidelines if it is of the opinion that the information contained in the description of the project or information provided under subsection 144(1) is sufficient to allow it to conduct a review of the project. Content of impact statement (3) The guidelines must specify which of the following types of information the proponent is required to include in the impact statement: (a) a description of the project, the purpose of, and need for, the project; (b) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change; (c) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (b); (d) the measures proposed by the proponent to (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans, (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits, (iii) compensate persons whose interests are adversely affected by the project, and (iv) restore ecosystemic integrity after the permanent closure of the project; (e) any monitoring program of the project’s ecosystemic and socio-economic impacts that the proponent proposes to establish; (f) the interests in land and waters that the proponent has acquired or seeks to acquire; (g) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of those options; and (h) any other type of information relating to a matter within the Board’s jurisdiction that the Board considers relevant in the circumstances. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 101-102 Comments (4) The Board must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut, and must solicit written and oral comments on them from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public. Guidelines sent to proponent (5) After allowing a reasonable period for submission of comments, the Board must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent. Submission of statement (6) The proponent must submit an impact statement prepared in accordance with the guidelines to the Board. Conduct of review 102 (1) The Board must conduct its review of the project in the manner that it considers appropriate to the nature of the project and the range and extent of its ecosystemic and socio-economic impacts, including by means of correspondence or by holding a public hearing in accordance with the by-laws and rules made under section 26. Public hearing (2) The Board must take all necessary steps to promote public awareness of and participation in any public hearing to be held in respect of a project, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information. Summon witnesses, etc. (3) The Board has, in respect of public hearings, the power to summon any person to appear as a witness before the Board and to order the witness to (a) give evidence, orally or in writing; and (b) produce any documents or other things that the Board considers necessary to conduct its review of the project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 102-103 Enforcement of attendance, etc. (4) The Board has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and other things as a superior court. Hearing may be closed to public (5) The Board may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or any other witness, that the evidence, documents or things to be disclosed in the hearing contain (a) confidential, personal, business proprietary or privileged information; or (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm. Non-disclosure (6) Evidence, documents or things referred to in subsection (5) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act. Enforcement of summonses and orders (7) A summons issued or an order made by the Board under subsection (3) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court. Factors to consider 103 (1) In conducting a review of a project, the Board must take into account the following factors: (a) the purpose of the project and the need for the project; (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area, taking into account the interests of other Canadians; (c) whether the project reflects the priorities and values of the residents of the designated area; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Section 103 (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change; (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d); (f) the cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out; (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area; (h) the measures, including those proposed by the proponent, that should be taken to (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans, (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits, (iii) compensate persons whose interests are adversely affected by the project, and (iv) restore ecosystemic integrity after the permanent closure of the project; (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h); (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area; (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent; (l) the interests in land and waters that the proponent has acquired or seeks to acquire; (m) the options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options; (n) the posting of performance bonds; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 103-104 (o) the particular issues or concerns identified under subsection 96(1); and (p) any other matter within the Board’s jurisdiction that, in its opinion, should be considered. Significance (2) In assessing the significance of impacts for the purposes of paragraph (1)(i), the Board must take into account the factors set out in paragraphs 90(a) to (j). Traditional knowledge (3) In its review of a project, the Board must take into account any traditional knowledge or community knowledge provided to it. Report — Board 104 (1) Within 45 days after the end of the Board’s review of a project, the Board must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and setting out (a) its assessment of the project and its ecosystemic and socio-economic impacts; (b) its determination, based on that assessment, as to whether the project should or should not proceed; and (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project. Ministerial direction (2) If, in the opinion of the responsible Minister, the report is deficient with respect to issues relating to the ecosystemic and socio-economic impacts of the project, the responsible Minister must, within 90 days after receiving the Board’s report, advise the Board of the deficiency. Revised report (3) If the responsible Minister advises the Board of a deficiency in its report, the Board must conduct a further review of the issues identified by that Minister, including holding any public hearing that it is directed by the responsible Minister to hold or that it considers necessary, and provide a revised report to the responsible Minister within 45 days after the end of that further review. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 105-107 Determination to proceed 105 If the Board determines that a project should proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either (a) agree with that determination and either (i) accept the terms or conditions recommended in the report, or (ii) reject those terms and conditions on one or more of the following grounds: (A) one or more of the terms or conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or (B) the terms or conditions are so onerous that to impose them would undermine the viability of a project that is in the national or regional interest; or (b) reject that determination if, in the opinion of the responsible Minister, the project is not in the national or regional interest. Determination not to proceed 106 If the Board makes a determination that a project should not proceed, the responsible Minister must, within 150 days after receiving the Board’s report, either (a) agree with that determination; or (b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest. Revised report — rejection of conditions 107 (1) Within 30 days after a decision is made under subparagraph 105(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions it had recommended, make any changes it considers appropriate and submit a revised report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project. Revised report — rejection of determination (2) Within 30 days after a decision is made under paragraph 106(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a revised report to that Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 107-110 Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project. Minister’s decision (3) The responsible Minister must, within 120 days after receiving a report submitted under subsection (1) or (2), in respect of each term or condition recommended in that report either (a) accept it; or (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions, (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest. Additional terms and conditions (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project. Socio-economic terms and conditions 108 Despite paragraphs 105(a) and 107(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any recommended term or condition that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts. Consultation 109 If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 105 or 106, subsection 107(3) or (4) or section 108. Notification by Minister 110 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established under sections 105 to 109, that are to apply in respect of a project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 111-112 Project certificate 111 (1) Within 30 days after receiving the notice under section 110, the Board must issue a project certificate that sets out the terms and conditions contained in that notice. Terms and conditions (2) A term or condition may become effective on the issuance of the project certificate or at a future time, or on the happening of any specified contingency, event or the fulfilment of any condition. In addition, a term or condition may have force for a limited time or until the happening of a specified event or the fulfilment of any condition. Content of certificate (3) A project certificate must indicate that the assessment of the project has been completed and that the proponent may carry out the project, subject to paragraphs 74(f) and (g) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law. Statutory Instruments Act (4) Project certificates are not statutory instruments for the purposes of the Statutory Instruments Act. Extension of time limit (5) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing. Reconsideration of terms and conditions 112 (1) The Board may, on its own initiative or at the request of the designated Inuit organization, the proponent or any interested person, reconsider the terms and conditions set out in a project certificate that it has issued if (a) the terms and conditions are not achieving their intended purpose or are having effects that are significantly different from those anticipated at the time the certificate was issued; (b) the circumstances relating to the project are significantly different from those anticipated at the time the certificate was issued; or Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Section 112 (c) technological developments or new information provides a more efficient method of achieving the intended purpose of the terms and conditions. Minister’s initiative (2) The Board must reconsider the terms and conditions set out in a project certificate that it has issued if the responsible Minister is of the opinion that any of paragraphs (1)(a) to (c) applies. Notice (3) The Board must notify the proponent and the responsible Minister in writing of a reconsideration undertaken under subsection (1) or the proponent of a reconsideration undertaken under subsection (2). Conduct of reconsideration (4) The Board may conduct its reconsideration of the terms and conditions in the manner that it considers appropriate in the circumstances. Report (5) Within 45 days after the end of the Board’s reconsideration under subsection (1) or (2), the Board must submit a written report to the responsible Minister that contains (a) an assessment of the terms and conditions in force; and (b) any terms and conditions that it recommends should apply in respect of the project. Minister’s decision (6) The responsible Minister must, within 90 days after receiving a report submitted under subsection (5), in respect of each term or condition recommended in that report either (a) accept it; or (b) reject it or vary it in any manner that that Minister considers appropriate, under section 108 or if, alone or combined with other terms or conditions, (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Board Sections 112-115 Additional terms and conditions (7) In exercising the powers and performing the duties and functions under subsection (6), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project. Extension of time limit (8) If the responsible Minister is of the opinion that more time is needed to exercise powers and perform duties and functions in respect of the report, that Minister may extend the period referred to in subsection (6) by up to 90 days and must notify the proponent of the extension in writing. Notification by Minister (9) The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with subsections (6) and (7), that are to apply in respect of a project. Amended project certificate (10) Within 30 days after receiving the notice under subsection (9), the Board must issue an amended project certificate that sets out the terms and conditions contained in that notice. Location of impacts 113 The ecosystemic and socio-economic impacts of the project, both inside and outside of the designated area, must be taken into account for the purposes of sections 101 to 112. Priority 114 The responsible Minister may indicate to the Board that a review or a reconsideration of terms and conditions is a priority in relation to other reviews or reconsiderations and may propose a reasonable period within which it must be completed. Federal Environmental Assessment Panel Establishment 115 (1) After receiving a project proposal under subparagraph 94(1)(a)(i), the Minister of the Environment must establish a federal environmental assessment panel consisting of members, including a Chairperson, appointed by that Minister. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 115-116 Composition (2) The following rules apply in respect of the appointment of members of the panel, other than the Chairperson: (a) at least one quarter of the members must be appointed on the nomination of the territorial Minister; and (b) at least one quarter of the members must be appointed on the nomination of the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1). Impartiality and qualifications (3) The Minister of the Environment must appoint as members of the panel persons who are unbiased and free from any conflict of interest relative to the project and who have special knowledge or experience relevant to the anticipated technical, environmental or social impacts of the project. Status of Inuk (4) A panel member is not placed in a conflict of interest solely because the member is an Inuk as defined in section 1.1.1 of the Agreement. Eligibility (5) A person is not ineligible for appointment to a panel merely because the person is a member of the Board. Primary objectives 116 (1) A federal environmental assessment panel must exercise its powers and perform its duties and functions in accordance with the following primary objectives: (a) to protect and promote the existing and future well-being of the residents and communities of the designated area; and (b) to protect the ecosystemic integrity of the designated area. Other residents (2) The panel must take into account the well-being of residents of Canada outside the designated area when exercising its powers or performing its duties and functions in accordance with the objective set out in paragraph (1)(a). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 116-119 Interpretation (3) For greater certainty, the panel must exercise its powers and perform its duties and functions under paragraph 123(1)(c) in accordance with the objectives set out in subsection (1). Terms of reference 117 The Minister of the Environment must, in consultation with the responsible Minister, fix the terms of reference for the panel and send the project proposal to the panel. The Minister of the Environment must include in the terms of reference any issues or concerns identified under section 97 and may identify other issues or concerns that must also be considered by the panel in its review of the project. Scope of project 118 (1) The Minister of the Environment must, in consultation with the responsible Minister, determine the scope of the project and, in making that determination, must (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that the Minister of the Environment considers sufficiently related to the project to form part of it; and (b) exclude from the scope of the project any work or activity identified in the project proposal that the Minister of the Environment considers insufficiently related to the project to form part of it. Consultation (2) The Minister of the Environment may only make an inclusion under paragraph (1)(a) or an exclusion under paragraph (1)(b) after consulting with the proponent in respect of the contemplated changes and taking into account any comments the proponent may make in respect of them. Process suspended (3) If the Minister of the Environment makes an inclusion under paragraph (1)(a), the panel must not proceed with the review and the Commission as well as the federal Minister or the territorial Minister, or both, must exercise their powers and perform their duties and functions under sections 77, 81 and 82 in relation to the entire project. Review 119 The panel must review the project if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 119-120 under that paragraph and the panel receives a decision, by reason of subsection 118(3), that the entire project is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it. Impact statement — guidelines 120 (1) A federal environmental assessment panel must issue guidelines in respect of the preparation of a statement by the proponent on the ecosystemic and socio-economic impacts of the project. Exception (2) Despite subsection (1), a panel need not issue guidelines if it is of the opinion that the information contained in the description of the project or information submitted under subsection 144(1) is sufficient to allow it to conduct a review of the project. Content of impact statement (3) The guidelines must specify the types of information referred to in subsection 101(3) that the proponent must include in the impact statement. Comments — Board (4) The panel must send a draft of the guidelines to the Board, and the Board must provide its comments on them to the panel. Comments — departments or agencies, etc. (5) The panel must make a draft of the guidelines public, in both official languages of Canada and in Inuktitut and must solicit written and oral comments on them from appropriate departments or agencies, appropriate designated Inuit organizations, affected municipalities, interested corporations and organizations, Inuit and other residents of the designated area and the general public. Consultation (6) After receiving the Board’s comments and after allowing a reasonable period for the submission of comments under subsection (5), the panel must, taking into account the comments received, make any changes to the draft guidelines that it considers necessary and send the guidelines to the proponent. Submission of statement (7) The proponent must submit an impact statement prepared in accordance with the guidelines to the panel. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 120-121 Recommendations — Board (8) As soon as practicable after receiving the impact statement, the panel must send it to the Board so that the Board has sufficient time to analyse the statement and provide its concerns or recommendations to the panel no later than five days before the public hearing. Recommendations taken into account (9) The panel must take into account the Board’s concerns and recommendations with respect to the impact statement. Public hearing 121 (1) A federal environmental assessment panel must hold a public hearing in respect of a project. Duty (2) The panel must take all necessary steps to promote public awareness of and participation in the public hearing, including through the choice of the date, time and place of the hearing, notice given in relation to them and measures taken to disseminate any relevant information. Informal proceedings (3) A panel must, to the extent that is consistent with the general application of the rules of procedural fairness and natural justice, emphasize flexibility and informality in the conduct of public hearings and in particular must (a) allow, if appropriate, the admission of evidence that would not normally be admissible under the strict rules of evidence; and (b) give due regard and weight to the Inuit traditions regarding oral communication and decision-making. Designated Inuit organization (4) A designated Inuit organization has full standing to appear at a public hearing for the purpose of making submissions on behalf of the people it represents. Languages (5) The panel must conduct any public hearing in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the responsible Minister and, on request by a member, a proponent or an intervenor, in Inuktitut. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Section 121 Members (6) Nothing in subsection (5) is to be construed as preventing the use of translation or interpretation services if a member is otherwise unable to conduct business in either official language or in Inuktitut. Witnesses (7) The panel has the duty to ensure that any witness giving evidence before it may be heard in either official language or in Inuktitut, and that in being so heard the witness will not be placed at a disadvantage by not being heard in another of those languages. Summon witnesses, etc. (8) A panel has, in respect of public hearings, the power to summon any person to appear as a witness before the panel and to order the witness to (a) give evidence, orally or in writing; and (b) produce any documents or other things that the panel considers necessary to conduct its review of the project. Enforcement of attendance, etc. (9) A panel has the same power to enforce the attendance of witnesses and to compel them to give evidence and produce documents and things as a superior court. Hearing may be closed to public (10) A panel may close all or part of a hearing to the public if it is satisfied, after submissions made by a proponent or other witness, that the evidence, documents or things to be disclosed in the hearing contain (a) confidential, personal, business proprietary or privileged information; or (b) information whose disclosure would cause specific, direct and substantial harm to the witness or cause specific ecosystemic or socio-economic harm. Non-disclosure (11) Evidence, documents or things referred to in subsection (10) must not be, or be permitted to be, disclosed without the authorization of the witness, by any person who has obtained the evidence, documents or things under this Act. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 121-122 Enforcement of summonses and orders (12) A summons issued or an order made by a panel under subsection (8) may be made a summons or order of the Nunavut Court of Justice by filing a certified copy of it with the registrar of the court and, when so made, is enforceable in the same manner as a summons or order of that court. Factors to consider 122 (1) In conducting a review of a project, a federal environmental assessment panel must take into account the following factors: (a) the purpose of the project, and the need for the project; (b) whether, and to what extent, the project would protect and enhance the existing and future well-being of the residents and communities of the designated area while taking into account the interests of other Canadians; (c) whether the project reflects the priorities and values of the residents of the designated area; (d) the anticipated effects of the environment on the project, including effects associated with natural phenomena, such as meteorological and seismological activity, and climate change; (e) the anticipated ecosystemic and socio-economic impacts of the project, including those arising from the effects referred to in paragraph (d); (f) the cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out; (g) whether the impacts referred to in paragraphs (e) and (f) would unduly prejudice the ecosystemic integrity of the designated area; (h) the measures, including those proposed by the proponent, that should be taken to (i) avoid and mitigate adverse ecosystemic and socio-economic impacts, including contingency plans, (ii) optimize the benefits of the project, with specific consideration given to expressed community and regional preferences in regard to benefits, (iii) compensate persons whose interests are adversely affected by the project, and Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 122-123 (iv) restore ecosystemic integrity after the permanent closure of the project; (i) the significance of the impacts referred to in paragraphs (e) and (f), taking into account the measures referred to in paragraph (h); (j) the capacity of renewable resources that are likely to be significantly affected by the project to meet the existing and future needs of the residents of the designated area; (k) any monitoring program of the project’s ecosystemic and socio-economic impacts that should be established, including one proposed by the proponent; (l) the interests in land and waters that the proponent has acquired or seeks to acquire; (m) options for carrying out the project that are technically and economically feasible and the anticipated ecosystemic and socio-economic impacts of such options; (n) the posting of performance bonds; (o) the particular issues or concerns identified under sections 97 and 117; (p) the concerns and recommendations referred to in subsection 120(8); and (q) any other matter within its jurisdiction that, in its opinion, should be considered. Significance of impacts (2) In determining the significance of impacts for the purposes of paragraph (1)(i), the panel must take into account the factors set out in paragraphs 90(a) to (j). Knowledge (3) In its review of a project, the panel must take into account any traditional knowledge or community knowledge provided to it. Report — panel 123 (1) Within 120 days after the end of its review of a project, the federal environmental assessment panel must submit a written report, containing a description of the project that specifies its scope, to the responsible Minister and the Minister of the Environment and setting out (a) its assessment of the project and its ecosystemic and socio-economic impacts; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 123-125 (b) its determination, based on that assessment, as to whether the project should or should not proceed; and (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project. Report made public (2) The responsible Minister and the Minister of the Environment must send the panel’s report to the Board and make it public. Extension of time limit (3) If the responsible Minister is of the opinion that more time is needed for the panel to submit the report, that Minister may extend the period referred to in subsection (1) by up to 60 days and must notify the proponent, the Board and the Minister of the Environment of the extension in writing. Conclusions — Board 124 Within 60 days after receiving the panel’s report, the Board must, in writing, provide the responsible Minister with its findings and conclusions regarding the ecosystemic and socio-economic impacts of the project, including (a) any deficiencies that it has identified in the panel’s report; (b) any additional information that it recommends should be obtained; (c) its determination as to whether the project should or should not proceed; and (d) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project, including mitigative measures. Determination to proceed 125 If a federal environmental assessment panel determines that a project should proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either (a) agree with that determination and either (i) accept the terms and conditions recommended in the panel’s report, with or without the Board’s recommended modifications under paragraph 124(d), or Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 125-127 (ii) reject them on the grounds that one or more of the terms and conditions are insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project; or (b) reject that determination if, in that Minister’s opinion, the project is not in the national or regional interest. Determination not to proceed 126 If a panel makes a determination that a project should not proceed, the responsible Minister must, after considering the panel’s report and the Board’s findings and conclusions and within 240 days after receiving the panel’s report, either (a) agree with that determination; or (b) reject that determination if, in the opinion of the responsible Minister, the project is in the national or regional interest. Report — rejection of conditions 127 (1) Within 30 days after a decision is made under subparagraph 125(a)(ii), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must reconsider, in light of that Minister’s reasons, the terms and conditions that the panel had recommended, make any changes it considers appropriate and submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project. Report — rejection of determination (2) Within 30 days after a decision is made under paragraph 126(b), or within any other period that may be agreed on between the Board and the responsible Minister, the Board must submit a written report to that Minister, which it must make public, containing terms and conditions that it recommends should apply in respect of the project. Minister’s decision — terms and conditions (3) The responsible Minister must, within 120 days after receiving a report made under subsection (1) or (2), in respect of each recommended term or condition in that report either (a) accept it; or (b) reject it or vary it in any manner that that Minister considers appropriate if, alone or combined with other terms or conditions, Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 127-132 (i) it is insufficient, or more onerous than necessary, to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project, or (ii) it is so onerous that it would undermine the viability of the project that is in the national or regional interest. Additional terms and conditions (4) In exercising the powers and performing the duties and functions under subsection (3), the responsible Minister may impose additional terms and conditions in order to adequately mitigate the adverse ecosystemic and socio-economic impacts of the project. Socio-economic terms and conditions 128 Despite paragraphs 125(a) and 127(3)(b), the responsible Minister may reject, or vary in any manner that that Minister considers appropriate, any term or condition recommended by the panel or the Board that is related to the socio-economic impacts of the project and that is not related to its ecosystemic impacts. Consultation 129 If a department or agency has indicated to the responsible Minister that the project involves an interest within their jurisdiction, that Minister must consult with that department or agency before making any decision under section 125 or 126, subsection 127(3) or (4) or section 128. Approval of Governor in Council 130 Any decision of the responsible Minister made under subparagraph 125(a)(i), paragraph 125(b) or 126(a), subsection 127(3) or (4) or section 128 in relation to a project referred to in subparagraph 94(1)(a)(i) requires the approval of the Governor in Council. Notification by Minister 131 The responsible Minister must, as soon as practicable, notify the Board in writing of the terms and conditions, established in accordance with sections 125 to 130, that are to apply in respect of a project. Project certificate 132 (1) Within 30 days after receiving the notice under section 131, the Board must issue a project certificate that sets out the terms and conditions contained in that notice. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Review Federal Environmental Assessment Panel Sections 132-135 Application of subsections 111(2) to (4) (2) Subsections 111(2) to (4) apply in respect of the project certificate issued under subsection (1). Extension of time limit (3) If the responsible Minister is of the opinion that more time is needed for the Board to issue the project certificate, that Minister may extend the period referred to in subsection (1) by up to 45 days and must notify the proponent and the Board of the extension in writing. Reconsideration of terms and conditions (4) Sections 112 and 114 apply in respect of the review of the terms and conditions and the issuance of an amended project certificate, and in paragraph 112(6)(b) the reference to section 108 is a reference to section 128. Location of impacts 133 The ecosystemic and socio-economic impacts of the project both inside and outside of the designated area must be taken into account for the purposes of sections 120 to 132. Project Terms and Conditions Compatibility Prescribed standards 134 In exercising the powers and performing the duties and functions relating to terms and conditions that are to apply in respect of a project, the responsible Minister must not accept or impose terms and conditions that would be inconsistent with any standard established by any environmental or socio-economic Act of Parliament of general application or territorial law of general application or by any regulation of general application made under such an Act or law. Monitoring Programs Impacts of project 135 (1) The responsible Minister may, in establishing terms and conditions that are to apply in respect of a project, require the establishment of a monitoring program of the project’s ecosystemic and socio-economic impacts. Responsibilities (2) The Government of Canada, the Government of Nunavut, the Board and the proponent must each carry Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Project Terms and Conditions Monitoring Programs Section 135 out any responsibilities assigned to them under the monitoring program. Purpose of program (3) The purpose of a monitoring program is to (a) measure the impact of the project on the ecosystemic and socio-economic environments of the designated area; (b) determine whether the project is carried out in accordance with the terms and conditions imposed under subsection 152(6) or set out in the original or amended project certificate; (c) provide the information necessary for regulatory authorities to enforce the terms and conditions of licences, permits or other authorizations that they issue in relation to the project; and (d) assess the accuracy of the predictions contained in the project impact statement. Requirements of program (4) A monitoring program must specify the elements to be monitored and may include the requirement that (a) regulatory authorities and the proponent provide the Board with information respecting the activities relating to a project, its impacts and the implementation of any mitigative measures; (b) the Board carry out periodic evaluations of the program; and (c) the Board produce a report of the adequacy of the program, based on the information obtained under paragraph (b), and on the ecosystemic and socio-economic impacts of the project. Other responsibilities (5) For greater certainty, federal and territorial ministers and departments or agencies must fulfil any other responsibilities respecting monitoring of projects and data collection imposed on them by or under any other Act of Parliament or territorial law. No duplication of responsibilities (6) There must be no duplication of responsibilities between those assigned to the Board under a monitoring program and those referred to in subsection (5). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Project Terms and Conditions Implementation Sections 136-137 Implementation Duty — general 136 (1) Each federal or territorial minister, each department or agency and each municipality must, to the extent of their jurisdiction and authority to do so, implement the terms and conditions that are set out in an original or amended project certificate. Limit to duty (2) Nothing in subsection (1) requires the amendment of any Act of Parliament or territorial law or any regulation as defined in section 1.1.1 of the Agreement. Duty — licences, etc. 137 (1) Each regulatory authority must, to the extent of its jurisdiction and authority to do so, incorporate the terms and conditions referred to in subsection 136(1) into any licence, permit or other authorization that it issues. Other terms and conditions (2) For greater certainty, a regulatory authority may impose, to the extent of its jurisdiction and authority to do so, terms and conditions that are in addition to, or more stringent than, those referred to in subsection 136(1) and subsection (1) does not prevent a regulatory authority from refusing to issue a permit, licence or other authorization. Consultation (3) A regulatory authority must consult the Board with a view to determining the most effective means of implementing the terms and conditions referred to in subsection (1) and may, for that purpose, send a draft licence, permit or other authorization to the Board in order to obtain its comments and recommendations. Copy to Board and Commission (4) A regulatory authority must send a copy of each licence, permit or other authorization referred to in subsection (1) to the Board and the Commission, unless the Board or the Commission, as the case may be, exempts that authority from the requirement to provide it with copies. Validity of licence, etc. (5) The validity of a licence, permit or other authorization is not to be challenged before a court on the grounds that a regulatory authority fettered its discretion or acted without jurisdiction by incorporating the terms and conditions referred to in subsection (1) into it. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Project Terms and Conditions Implementation Sections 137-139 Prevailing terms and conditions 138 Terms and conditions referred to in subsection 136(1) prevail over any conflicting terms and conditions set out in any decision of a regulatory authority. Decision of independent regulatory agency 139 (1) If there is an inconsistency between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, that agency must communicate the reasons for the inconsistency to the responsible Minister, the Board and the Governor in Council. Exception — prevailing terms and conditions (2) Despite section 138, if there is a conflict between the terms and conditions referred to in subsection 136(1) and those set out in a decision of an independent regulatory agency, the terms and conditions set out in the decision of the independent regulatory agency prevail if (a) the government does not have the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest; or (b) the government has the power to amend the agency’s decision and the Governor in Council is of the opinion that the project is in the national or regional interest and implementing the terms and conditions referred to in subsection 136(1) would undermine the viability of the project. Amended certificate (3) Within 45 days after the day on which a decision is made by the Governor in Council under paragraph (2)(a) or (b), the Board must issue an amended project certificate and the terms and conditions set out in the certificate must be consistent with those set out in the decision of the independent regulatory agency. Non-application of subsections (2) and (3) (4) For greater certainty, subsections (2) and (3) do not apply if the terms and conditions are varied under section 112 and, as a result, the conflict referred to in subsection (2) is resolved. Definition (5) For the purposes of this section, decision of an independent regulatory agency means a decision made by Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Project Terms and Conditions Implementation Sections 139-141 any body established under a federal or territorial law under a power conferred on it to regulate or to issue licences, permits or other authorizations if that body is not subject to specific direction or control by the Government of Canada or Government of Nunavut. Interpretation (6) A decision (a) does not cease to be a decision of an independent regulatory agency solely because (i) it is subject to general direction by the Government of Canada or the Government of Nunavut through the issuance of guidelines, regulations or directives, or (ii) it is subject to the approval of, or may be varied or rescinded by, the Government of Canada or the Government of Nunavut; and (b) ceases to be a decision of an independent regulatory agency if the Government in question varies it before reasons are communicated under subsection (1). Inuit Impact and Benefit Agreements 140 Any Inuit Impact and Benefit Agreement entered into by a proponent and the designated Inuit organization under Article 26 of the Agreement must be consistent with the terms and conditions set out in an original or amended project certificate. General Provisions Modifications to Project During Assessment Notice — proponent 141 (1) A proponent must, as soon as practicable, notify the Commission in writing of any significant modification to a project that is under assessment under this Part. The notice must include a description of the modification that is prepared in accordance with the by-laws and rules made under paragraph 17(1)(e). New assessment (2) On receipt of a notice under subsection (1), the assessment of the original project is terminated and an assessment of the modified project must be carried out under this Part as if the Commission had received a project proposal under section 76. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area General Provisions Modifications to Project During Assessment Sections 141-143 Consideration of previous assessment (3) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project. Notice — authority assessing project 142 (1) If, in the exercise of its powers or the performance of its duties and functions under this Part, the Commission, the Board, a federal environmental assessment panel or a joint panel, as the case may be, determines that the proponent has made a significant modification to a project that is under assessment under this Part, it must, as soon as practicable, notify the proponent in writing of the requirement set out under subsection 141(1). Termination of assessment (2) If the proponent does not provide a notice under subsection 141(1) within 30 days after the day on which the notice was given under subsection (1), the assessment of the project is terminated. Interpretation (3) For greater certainty, the proponent may submit a project proposal in relation to the modified project in accordance with section 76. Consideration of previous assessment (4) The person or body exercising powers or performing duties or functions under this Part in respect of the modified project must consider, and may rely on, any assessment activities carried out under this Part in respect of the original project. Requests During Assessment Request — suspension 143 (1) The proponent may request in writing that the assessment of a project be suspended. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project. Suspension (2) As soon as practicable after it receives a request under subsection (1) the body must suspend the assessment of the project. The body must set the date the suspension takes effect after taking into account the proponent’s comments in respect of the suspension. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area General Provisions Requests During Assessment Sections 143-144 Time not counted (3) If the proponent requests a suspension under subsection (1), the period of the suspension does not count as part of any time limit set out in this Part. Resumption or termination of review (4) A proponent may request in writing that the assessment resume, and if such a request is not made within three years after the day on which it is suspended, the assessment of the project is terminated. Request — termination (5) The proponent may request in writing that the assessment of a project be terminated. The request may be made to any body exercising powers or performing duties or functions under this Part in respect of the project. Termination of review (6) The assessment of the project is terminated on the day on which a request under subsection (5) is received. Interpretation (7) For greater certainty, the proponent may submit a new project proposal in relation to a project whose assessment has been terminated under subsection (4) or (6), in accordance with section 76. Consideration of previous assessment (8) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project. Additional information 144 (1) The Commission, the Board and any federal environmental assessment panel may require the proponent to provide any additional information that it considers necessary to carry out its review or screening or to determine the scope of a project, as the case may be. Suspension (2) If the proponent fails to provide material information required under subsection (1), the Commission, the Board or any federal environmental assessment panel may suspend its assessment activities until the proponent provides that information and must make the reasons for the suspension public if it does so. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area General Provisions Requests During Assessment Sections 144-147 Termination of assessment (3) If a proponent does not provide the information referred to in subsection (2) within three years after the day on which the request was made, the assessment of the project is terminated. Interpretation (4) For greater certainty, the proponent may submit a new project proposal in relation to the project in accordance with section 76. Consideration of previous assessment (5) The person or body exercising powers or performing duties or functions under this Part in respect of the project to which the new project proposal relates must consider, and may rely on, any assessment activities carried out under this Part in respect of the project. Modifications to Project After Assessment Modification not significant 145 If the carrying out of a work or activity is a project within the meaning of subsection 2(1) and modifies a project that has been approved under this Part, that work or activity is, despite paragraphs 74(a) and (b), not subject to an assessment under this Part unless that work or activity is a significant modification to the original project. Significant modification 146 (1) For greater certainty, if the work or activity referred to in section 145 is a significant modification to the original project, it is subject to an assessment under this Part. Previous assessments (2) Any person or body exercising powers or performing duties or functions under this Part in relation to the assessment of the modifying project must consider, and may rely on, any assessment carried out under this Part in relation to the original project. Projects Not Carried Out New assessment 147 (1) If a project is not commenced within five years after the day on which the project was approved under this Part, that project is subject to a new assessment under this Part. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area General Provisions Projects Not Carried Out Sections 147-149 Prohibition (2) It is prohibited to carry out the project referred to in subsection (1) in whole or in part, but the proponent may submit a new project proposal in relation to it in accordance with section 76. Consideration of previous assessment (3) The person or body exercising powers or performing duties or functions under this Part in respect of the project referred to in subsection (1) must consider, and may rely on, any assessment activities carried out under this Part in respect of the project. Consultations Consultation — Minister 148 The responsible Minister must consult with the relevant regulatory authorities in respect of the establishment of terms and conditions, under this Part, that are to apply to the carrying out of a project. Multiple Responsible Ministers Joint exercise of powers, etc. 149 (1) Subject to subsection (2), if there is more than one responsible Minister in respect of a project, they must jointly exercise the powers and perform the duties and functions of the responsible Minister under this Part. Subparagraph 94(1)(a)(i) (2) If there is more than one responsible Minister in respect of a project and one or more of those Ministers are territorial ministers and one or more of those Ministers are federal ministers, the reference to responsible Minister in subparagraph 94(1)(a)(i) is a reference to the responsible Minister or Ministers who are federal ministers and, if there is more than one federal minister, they must jointly make a decision under that subparagraph. Coordination and transmission of documents (3) In the circumstances described in subsection (1), a proponent, the Board, the federal environmental assessment panel or the joint panel, as the case may be, must send all documents and information that must be sent to the responsible Minister under this Part to the federal Minister and the federal Minister must, as soon as practicable, forward the documents and information to the responsible Ministers. Notice of decisions (4) The responsible Ministers must provide reasons for joint decisions made under subsection (1) or (2), and the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area General Provisions Multiple Responsible Ministers Sections 149-152 federal Minister must perform the duties of the responsible Minister under subsection 200(4) in relation to those decisions. Reasons for Decisions Written reasons 150 Written reasons must be provided with respect to (a) a decision under section 77 that a project is not in conformity with an applicable land use plan; (b) a decision made under any of paragraphs 81(2)(a) and 82(2)(a), sections 93 to 95, 105 and 106, subsections 107(3) and (4) and 112(6) and (7), sections 125 and 126, subsections 127(3) and (4), 142(1), 144(2) and 152(6) and paragraph 155(1)(b); (c) a decision under any of subsections 86(1), 99(1) and 118(1) that has the effect of expanding or restricting the scope of the project; and (d) a determination in an original or amended report that is prepared by the Board, a federal environmental assessment panel or a joint panel under this Part, other than under subsection 152(4). Special Cases National Security Non-application of this Part 151 The Minister of National Defence may, on an exceptional basis, make a decision to exempt from the application of this Part the carrying out of any work relating to an installation or facility, or the undertaking or carrying out of any activity, that constitutes a project within the meaning of subsection 2(1) and that is required for the purpose of national defence if that Minister certifies in the decision that, for reasons of confidentiality or urgency, an exemption is required in the interest of national security. Emergency Situations Non-application of this Part 152 (1) This Part does not apply in respect of any project that is carried out in response to (a) a national emergency for which special temporary measures are taken under the Emergencies Act; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Emergency Situations Section 152 (b) an emergency if a federal or territorial minister who is authorized under any other Act of Parliament or any territorial law to declare a state of emergency, to take measures to prevent an emergency or to remedy or minimize its effects is of the opinion that an emergency exists; or (c) an emergency if the federal Minister certifies that an emergency exists and that it is in the interest of ensuring the health or safety of an individual or the general public, or of protecting property or the environment that the project be carried out without delay. Report — person or entity (2) As soon as practicable after undertaking a project referred to in subsection (1), the person or entity carrying it out must submit a written report to the Commission, the Board and the federal Minister describing (a) all of the works or activities that have been undertaken or carried out in response to the emergency referred to in paragraph (1)(a), (b) or (c), as the case may be; and (b) any further works or activities required after the end of that emergency to complete the project or maintain a work referred to in paragraph (a). Report — Commission (3) After receiving a report under subsection (2), the Commission may submit a written report to the federal Minister that contains an assessment of the project’s conformity with any applicable land use plan. Report — Board (4) After receiving a report under subsection (2), the Board may submit a written report to the federal Minister with terms and conditions that it recommends, with reasons, should apply in respect of the project or any portion of it. Additional information (5) The person or entity must provide any additional information that the Commission or the Board considers necessary to prepare its report under subsection (3) or (4), as the case may be. Terms and Conditions (6) After receiving a report under subsection (2) and reports under subsections (3) and (4), if any, the federal Minister may impose terms and conditions on the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Emergency Situations Sections 152-154 carrying out of the works or activities referred to in paragraph (2)(b), in which case section 135 applies. Prohibition (7) It is prohibited to carry out any works or activities referred to in paragraph (2)(b), in whole or in part, in contravention of any term and condition imposed under subsection (6). Community Resupply and Ship Movements No screening 153 (1) The Board must not screen any project if, after determining the scope of the project under subsection 86(1), it is of the opinion that the project either has as its purpose the provision of normal community resupply or consists of individual ship movements not relating to another project. Precision (2) Sections 87 to 140 do not apply in respect of a project referred to in subsection (1). Exploration, Developmental or Development Activities Licences — Nunavut Water Board 154 (1) Despite paragraph 75(1)(b), the Nunavut Water Board may issue licences to use waters or deposit waste for an interim, short-term period under the Nunavut Waters and Nunavut Surface Rights Tribunal Act, in respect of exploration or developmental activities that relate directly to a project that is subject to a review under this Part. Conditions (2) Despite paragraph 74(b) and subject to paragraph 74(f) and to obtaining the licence referred to in subsection (1) and any other licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1). Non-renewal, etc. (3) Licences referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Exploration, Developmental or Development Activities Sections 154-156 project proposal submitted to the Commission or is not to proceed. Licences — regulatory authorities 155 (1) Despite paragraph 75(1)(b), a regulatory authority may issue a licence, permit or other authorization in respect of exploration or development activities that relate directly to a project that is subject to a review under this Part if (a) each activity belongs to a class of exempt activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt activities prescribed by regulation; or (b) the activities may, in the Board’s opinion, proceed without such a review. Conditions (2) Despite paragraph 74(b) and subject to paragraph 74(f) and to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and to complying with any other requirements set out in such an Act or law, the proponent may undertake or carry out activities described in subsection (1). Non-renewal, etc. (3) Licences, permits or other authorizations referred to in subsection (1) are not to be renewed or amended and their period of validity is not to be extended if the responsible Minister has come to a decision under this Part that the project to which the activities relate either could be modified and an amended project proposal submitted to the Commission or is not to proceed. Transboundary Projects Review by Commission Application — entire project 156 (1) If a project is to be carried out partly outside the designated area, sections 76 and 80 apply in respect of the entire project. Limitation (2) Sections 77 to 79, 81, 82 and, subject to subsection (1), 85 apply only in respect of the portion of the project to be carried out inside the designated area. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Transboundary Projects Sections 157-158 Screening by Board Application — entire project 157 (1) If a project is to be carried out partly outside the designated area, sections 86 to 98 apply, subject to subsection (2), in respect of the entire project. Limitation — scope of project (2) If the Board makes an inclusion under paragraph 86(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 86(3) and section 87 do not apply and the Board must screen the entire project. Review Board Scope of project 158 (1) If the Board receives a project proposal under subparagraph 94(1)(a)(iii) or subsection 94(3), the Board must determine the scope of the project and the Board must (a) include within the scope of the project, in addition to any work or activity identified in the project proposal, any other work or activity that it considers sufficiently related to the project to form part of it; and (b) exclude from the scope of the project any work or activity identified in the project proposal that it considers insufficiently related to the project to form part of it. Application — entire project (2) Subject to subsections (3) to (5), subsections 99(2) and (3) and sections 100 to 114 apply in respect of the entire project. Limitation — scope of project (3) If the Board makes an inclusion under paragraph (1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 99(3) and section 100 do not apply and the Board must review the entire project. Limitation — Board report (4) The responsible Minister may only exercise the powers and perform the duties and functions conferred on that Minister under sections 105 and 106 in relation to Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Transboundary Projects Sections 158-160 the parts of the Board’s report that are applicable to or affect the designated area. Limitation — terms and conditions (5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions conferred under sections 107 and 108 in relation to terms and conditions that are applicable to or affect the designated area. Agreement — coordination 159 (1) The Board may, with the approval of the federal Minister and after consultation with the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area in respect of the coordination of their reviews. Government of foreign state, etc. (2) The federal Minister and the Minister of Foreign Affairs may, after consultation with the Board and the responsible Minister, enter into an agreement referred to in subsection (1) if the authority is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization. Federal Environmental Assessment Panel or Joint Panel Ministerial decision 160 (1) After receiving a project proposal under subparagraph 94(1)(a)(ii), the Minister of the Environment must either (a) establish a federal environmental assessment panel; or (b) after consultation with the federal Minister and the responsible Minister, enter into an agreement with any authority having powers, duties or functions in relation to the review of the impacts of the portion of the project to be carried out outside the designated area respecting a review of the entire project by a joint panel. Agreement with foreign state, etc. (2) The Minister of the Environment and the Minister of Foreign Affairs may, after consultation with the federal Minister and the responsible Minister, enter into an agreement referred to in paragraph (1)(b) if the authority Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Transboundary Projects Sections 160-161 is a government of a foreign state or of a subdivision of a foreign state, or any institution of such a government, or an international organization of states or any institution of such an organization. Federal environmental assessment panel 161 (1) If the Minister of the Environment establishes a federal environmental assessment panel under paragraph 160(1)(a), that Minister must appoint the members of that panel, including a Chairperson. Composition — aboriginal groups (2) If a portion of the project is to be carried out in an area adjacent to the designated area that is used by at least one other aboriginal group, at least one quarter of the members of the federal environmental assessment panel, other than the Chairperson, must be appointed on the recommendation of that group or those groups and the organization referred to in paragraph (a) of the definition designated Inuit organization in subsection 2(1), in accordance with any agreement concluded between them. Application — entire project (3) Subsections 115(3) to (5) and, subject to subsections (4) to (6), sections 116 to 133 apply in respect of the entire project. Limitation — scope of project (4) If the Minister of the Environment makes an inclusion under paragraph 118(1)(a) only in respect of works or activities to be undertaken or carried out entirely outside the designated area, subsection 118(3) and section 119 do not apply and the federal environmental assessment panel must review the entire project. Limitation — panel report (5) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 124 to 126 in relation to the parts of the federal environmental assessment panel’s report that are applicable to or affect the designated area. Limitation — terms and conditions (6) The Board and the responsible Minister may only exercise their powers and perform their duties and functions under sections 127 and 128 in relation to terms and conditions that are applicable to or affect the designated area. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Transboundary Projects Sections 162-164 Joint panel 162 (1) If the Minister of the Environment enters into an agreement under paragraph 160(1)(b), subsections 161(2) to (6) apply in respect of the project. Compatibility (2) An agreement referred to in subsection (1) must be consistent with the subsections referred to in that subsection. Members (3) An agreement referred to in subsection (1) must include rules regarding the appointment of members to the joint panel and the composition of that panel. Interpretation (4) In subsections 161(2), (4) and (5) and in the provisions referred to in subsections 161(3) to (6), a reference to the federal environmental assessment panel is a reference to the joint panel. Parks and Conservation Areas Projects Definition of responsible authority 163 In sections 164 to 170, responsible authority means, as the case may be, (a) the Parks Canada Agency or any other federal or territorial authority having management and control of a park; or (b) the Parks Canada Agency, in the case of a historic place that is designated under the Historic Sites and Monuments Act and administered by that Agency. Project proposal 164 (1) The proponent of a project that is to be carried out, in whole or in part, within a park or a historic place that is designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, located inside the designated area, must submit a project proposal to the responsible authority. Contents (2) A project proposal must contain a description of the project prepared in accordance with criteria established by the responsible authority. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 164-168 Grouping of related projects (3) A proponent who intends to undertake two or more projects that are so closely related that they can be considered to form a single project must submit a single project proposal in respect of those projects, which are deemed to be a single project for the purposes of this Act. Notice (4) The responsible authority must send the Commission a notice of receipt for the project proposal. That notice must contain the proponent’s name and a summary of the project that includes a description of its nature and an indication of where it is to be carried out. Conformity with requirements 165 The responsible authority must determine if the project is in conformity with the requirements set out by or under any law for which it has responsibility. Verification — screening 166 (1) If the responsible authority determines that the project is in conformity with the requirements set out by or under any law for which it has responsibility, it must verify whether the project is exempt from screening. Exemption from screening (2) A project is exempt from screening if each work or activity that comprises the project belongs to a class of exempt works or activities set out in items 1 to 6 of Schedule 12-1 to the Agreement or in Schedule 3 and does not belong to a class of non-exempt works or activities prescribed by regulation. Authority may consult Board (3) The responsible authority may request the Board’s opinion as to whether a particular project is exempt from screening. Project not exempt from screening 167 If a project is not exempt from screening, the responsible authority must send the project proposal to the Board in order for it to conduct a screening. Project exempt from screening 168 (1) If a project is exempt from screening and the responsible authority has concerns in respect of any cumulative ecosystemic and socio-economic impacts that could result from the impacts of the project combined with those of any other project that has been carried out, is being carried out or is likely to be carried out inside the Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 168-170 designated area, or wholly or partly outside the designated area, it must send the project proposal to the Board in order for the Board to conduct a screening of the project. No concerns — cumulative impacts (2) If a project is exempt from screening and the responsible authority does not have concerns in respect of the cumulative impacts referred to in subsection (1), it must indicate in the decision that the assessment of the project has been completed and that the proponent may, subject to obtaining any licence, permit or other authorization required by or under any other Act of Parliament or any territorial law and complying with any other requirements set out in such an Act or law, carry out the project. Location of impacts (3) In exercising its powers and performing its duties and functions under subsections (1) and (2), the responsible authority must consider impacts both inside and outside of the designated area. Time limit 169 (1) The responsible authority must exercise its powers and perform its duties and functions under sections 166 to 168 within 45 days after making a determination under section 165. Time not counted — additional information (2) Any time required for the proponent to provide information required under subsection 144(1) as modified by paragraph 170(a) does not count as part of the period referred to in subsection (1). Application of certain provisions 170 Section 73, paragraphs 74(a) to (e) and (g), section 75, subsections 86(1) and (2), sections 87 to 98, subsections 99(1) and (2), sections 100 to 117, subsections 118(1) and (2) and sections 120 to 162 apply in respect of the project subject to the following: (a) in those provisions, a reference to the Commission is a reference to the responsible authority; (b) in paragraphs 74(a) and 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4), 147(2) and 156(1), the reference to section 76 is a reference to section 164; (c) in paragraphs 74(d), 75(1)(d) and 150(a), a reference to section 77 is a reference to section 165, a reference to an applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility and in paragraphs 74(d) and 75(1)(d), the reference Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Section 170 respecting a minor variance or a ministerial exemption does not apply; (d) in subsection 86(1), section 87 and paragraphs 92(3)(a) and 100(a), the references to section 79 and subsection 80(1) are, respectively, references to section 167 and subsection 168(1); (e) if the Board makes an inclusion under paragraph 86(1)(a) or 99(1)(a), the Board must not proceed with the screening or the review, as the case may be, and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project; (f) in paragraph 92(3)(c), the day is the day on which the Board receives a decision from the responsible authority, by reason of paragraph (e), that comes to the conclusion referred to in section 167 or subsection 168(1); (g) in paragraph 93(1)(a) and subsections 111(3) and 155(2), the reference respecting paragraph 74(f) does not apply; (h) in section 98, the reference to sections 88 to 97 is a reference to those sections, taking into account any modifications made to them under this section; (i) if the Minister of the Environment makes an inclusion under paragraph 118(1)(a), the federal environmental assessment panel must not proceed with the review and the responsible authority must exercise its powers and perform its duties and functions under section 165 in relation to the entire project; (j) a federal environmental assessment panel must review the project in relation to which the scope has been determined if the Minister of the Environment has not made an inclusion under paragraph 118(1)(a) or if that Minister made an inclusion under that paragraph and the responsible authority, by reason of paragraph (i), comes to the conclusion referred to in section 167 or subsection 168(1); (k) in subsection 132(2), the reference to subsections 111(2) to (4) is a reference to subsection 111(2), to subsection 111(3), as modified by paragraph (g), and to subsection 111(4); (l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (g); (m) in paragraph 150(b), the reference to section 93 is a reference to that section as modified by paragraph Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Section 170 (g) and the references to paragraphs 81(2)(a) and 82(2)(a) do not apply; (n) in paragraph 150(c) and subsection 153(1), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d); (o) in subsection 152(3), the reference to any applicable land use plan is a reference to the requirements set out by or under any law for which the responsible authority has responsibility; (p) in subsection 153(2), the reference to sections 87 to 140 is a reference to those sections, taking into account any modifications made to them under this section; (q) in subsection 156(1), the reference to section 80 is a reference to section 168; (r) in subsection 156(2), the reference to sections 77 to 79 is a reference to sections 165 to 167 and the references respecting sections 81, 82 and 85 do not apply; (s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (e), subsections 86(1) and (2) and sections 87 to 98, taking into account any modifications made to those provisions under this section; (t) in subsection 157(2), the reference to subsection 86(3) is a reference to paragraph (e) and the reference to section 87 is a reference to that section as modified by paragraph (d); (u) in subsection 158(2), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to sections 100 to 114 is a reference to those sections, taking into account any modifications made to them under this section; (v) in subsection 158(3), the reference to subsection 99(3) is a reference to paragraph (e) and the reference to section 100 is a reference to that section as modified by paragraph (d); (w) in subsection 161(3), the reference to sections 116 to 133 is a reference to paragraphs (i) and (j), sections 116 and 117, subsections 118(1) and (2) and sections 120 to 133; (x) in subsection 161(4), the references to subsection 118(3) and section 119 are, respectively, references to paragraphs (i) and (j); and Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 170-174 (y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x). Project partly outside park, etc. 171 If a project is to be carried out partly outside a park or a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency, (a) sections 76, 80, 164 and 168 apply in respect of the entire project; (b) sections 163 and 165 to 167 apply only in respect of the portion of the project to be carried out inside the park or historic place; and (c) sections 77 to 79, 81, 82 and, subject to paragraph (a), 85 apply only in respect of the portion of the project that is to be carried out outside the park or historic place. Projects inside certain conservation areas 172 Sections 73 to 162 apply in respect of a project to be carried out, in whole or in part, within a conservation area located inside the designated area, other than a historic place designated under the Historic Sites and Monuments Act and administered by the Parks Canada Agency. Establishment, Abolition and Alteration of Area Interpretation Ministerial initiative 173 If a federal or territorial minister proposes an initiative referred to in subsection 174(1), a reference to a department or agency in subsections 174(1) and (3), 177(6) and 178(1) and (4), section 180 and paragraph 182(a) is a reference to that minister. Proposal Duty — department or agency 174 (1) The department or agency proposing an initiative whose purpose is to establish or abolish a park or a conservation area, in whole or in part inside the designated area, or to expand or reduce its area, in whole or in part within the designated area, must submit a proposal to the Commission. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 174-177 Content of proposal (2) The proposal must contain a description of the initiative prepared in accordance with the by-laws and rules made under paragraph 17(1)(e). Notice (3) The Commission must publish in its public registry a notice of receipt for the initiative. That notice must contain a summary of the initiative, including a description of its nature and an indication of where it is to be carried out, and the name of the department or agency. Land Use Plan in Effect Conformity with plan 175 (1) The Commission must determine if an initiative is in conformity with any land use plan that is applicable to the place where the initiative is to be carried out. Multiple plans (2) If different portions of the initiative are subject to different land use plans, the Commission must determine if each portion is in conformity with the land use plan applicable to it, and if one portion of the initiative is not in conformity with the land use plan applicable to it, the entire initiative is deemed not to be in conformity. Initiative in conformity with plan 176 If the Commission determines that the initiative is in conformity with any applicable land use plan, it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening. Initiative not in conformity with plan 177 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, it must verify whether that land use plan authorizes it to grant a minor variance with respect to that initiative and whether the conditions set out in accordance with subsection 48(3), if any, are met. Minor variance permitted (2) If the land use plan authorizes the granting of a minor variance and if the conditions, if any, are met, the Commission may, within 20 days after its determination that the initiative is not in conformity with the plan, (a) grant the variance, in which case it must send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or (b) refuse to grant the variance. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 177-178 Publication (3) Before granting a minor variance under paragraph (2)(a), the Commission must make the proposed minor variance public and must do so in a manner designed to promote participation in its examination by the public. Objection (4) Any interested person may, within 10 days after the proposed minor variance is made public, indicate to the Commission, in writing, that the proposed minor variance should not be granted because (a) the land use plan does not authorize the granting of the minor variance; (b) the conditions subject to which a minor variance may be granted are not met; or (c) the minor variance is not appropriate, in their opinion, for any other reason that they specify. Reasons taken into account and public review (5) The Commission may only grant a minor variance under paragraph (2)(a) after taking into account any reasons for which an interested person has indicated, under subsection (4), that it should not be granted and, if it considers it appropriate to do so, conducting a public review in accordance with the by-laws and rules made under section 17 and taking into account any submissions made during that review. Extension of time limit (6) If the Commission is of the opinion that more time is needed to make a decision under subsection (2), it may extend the period referred to in that subsection by up to 10 days and must notify the department or agency of the extension in writing. Request for ministerial exemption 178 (1) If the Commission determines that the initiative is not in conformity with an applicable land use plan, the department or agency may request an exemption from the federal Minister or the territorial Minister, or both, taking into account their respective jurisdictions, within 60 days after (a) that determination, if the land use plan does not authorize the granting of a minor variance or if it does and the conditions are not met; or (b) the Commission’s decision to refuse to grant a minor variance. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 178-180 Ministerial decision (2) The Minister or Ministers, as the case may be, must, within 120 days after the day on which they receive a request under subsection (1), either (a) grant the exemption, in which case the Commission must make the decision public and send the proposal relating to the initiative to the Board in order for the Board to conduct a screening; or (b) refuse the exemption. Consultation (3) An exemption may only be granted after consultation with the Commission, the relevant regulatory authorities and the relevant departments or agencies that are not regulatory authorities. Extension of time limit (4) If any Minister referred to in subsection (1) is of the opinion that more time is needed to make a decision, that Minister may extend the period referred to in subsection (2) by up to 60 days and must notify the department or agency and the Commission of the extension in writing. Time limit 179 (1) The Commission must exercise its powers and perform its duties and functions under sections 175 and 176 within 45 days after the day on which it receives the proposal in respect of the initiative. Time not counted (2) If the Commission determines that an initiative is not in conformity with an applicable land use plan, any time required for the exercise of powers or the performance of duties and functions relating to minor variances and ministerial exemptions does not count as part of the period referred to in subsection (1). Time not counted — public review (3) If the Commission conducts a public review under subsection 177(5), any time required to conduct it does not count as part of the period referred to in subsection 177(2). Time not counted — additional information 180 Any time required for the department or agency to provide information required under subsection 144(1) as modified by paragraph 182(a) does not count as part of Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 180-182 the periods referred to in subsections 177(2) and (4) and 179(1). No Land Use Plan Sending of proposal 181 If there is no applicable land use plan, the Commission must, within 10 days after the day on which it receives the proposal in respect of the initiative, send the proposal to the Board in order for the Board to conduct a screening. Applicable Regime Application of certain provisions 182 Sections 73, 75, 86, 88 to 99, 101 to 146, 148 to 150 and 156 to 162 apply in respect of the initiative, subject to the following: (a) in those sections, a reference to a project is a reference to the initiative and a reference to a proponent is a reference to a department or agency; (b) in paragraph 75(1)(a) and subsections 141(2), 142(3), 143(7), 144(4) and 156(1), the reference to section 76 is a reference to section 174; (c) in paragraph 75(1)(d), the reference to section 77 is a reference to section 175 and the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a); (d) in subsection 86(1) and paragraph 92(3)(a), the reference to “section 79 or subsection 80(1)” is a reference to “section 176 or paragraph 177(2)(a) or 178(2)(a) or section 181”; (e) in subsections 86(3), 99(3) and 118(3), the references to sections 77, 81 and 82 are, respectively, references to sections 175, 177 and 178; (f) the Board must screen the initiative in relation to which it has determined the scope in the manner that it considers appropriate to the nature of the initiative if it makes no inclusion under paragraph 86(1)(a) or if it makes an inclusion under that paragraph and it receives a decision, by reason of subsection 86(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it; (g) in paragraph 92(3)(c) and subsection 157(2), the reference to subsection 86(3) is a reference to that subsection as modified by paragraph (e); Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Section 182 (h) in paragraph 93(1)(a) and subsection 111(3), the reference respecting paragraphs 74(f) and (g) does not apply; (i) the Board must review the initiative in relation to which it has determined the scope if it makes no inclusion under paragraph 99(1)(a) or if it makes an inclusion under that paragraph and (i) it receives a decision, by reason of subsection 99(3), as modified by paragraph (e), that the entire initiative is in conformity with any applicable land use plan, that a minor variance or a ministerial exemption has been granted in respect of it or that there is no land use plan applicable to it, and (ii) following the new screening, it is determined under subparagraph 94(1)(a)(iv) that the Board must conduct the review of the initiative; (j) in section 119, the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e); (k) in paragraph 135(3)(b), the reference respecting subsection 152(6) does not apply; (l) in subsection 139(3), the reference to paragraph 93(1)(a) is a reference to that paragraph as modified by paragraph (h); (m) in paragraph 150(a), the reference to section 77 is a reference to section 175; (n) in paragraph 150(b), the references to paragraphs 81(2)(a) and 82(2)(a) are, respectively, references to paragraphs 177(2)(a) and 178(2)(a), the reference to section 93 is a reference to that section as modified by paragraph (h), and the references to subsection 152(6) and paragraph 155(1)(b) do not apply; (o) in paragraph 150(c), the reference to subsection 86(1) is a reference to that subsection as modified by paragraph (d); (p) in paragraph 150(d), the reference respecting subsection 152(4) does not apply; (q) in subsection 156(1), the reference to section 80 does not apply; (r) in subsection 156(2), the reference respecting sections 77 to 79, 81, 82 and 85 is a reference to sections 175 to 178 and 181; (s) in subsection 157(1), the reference to sections 86 to 98 is a reference to paragraph (f) and sections 86 and Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 3 Assessment of Projects to Be Carried Out in the Designated Area Special Cases Parks and Conservation Areas Sections 182-183 88 to 98, taking into account any modifications made to those sections under this section; (t) in subsection 157(2), the reference to section 87 is a reference to paragraph (f); (u) in subsection 158(2), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), the reference to sections 100 to 114 is a reference to paragraph (i) and sections 101 to 114, taking into account any modifications made to those sections under this section; (v) in subsection 158(3), the reference to subsection 99(3) is a reference to that subsection as modified by paragraph (e), and the reference to section 100 is a reference to paragraph (i); (w) in subsection 161(3), the reference to sections 116 to 133 is a reference to those sections, taking into account any modifications made to those sections under this section; (x) in subsection 161(4), the reference to subsection 118(3) is a reference to that subsection as modified by paragraph (e) and the reference to section 119 is a reference to that section as modified by paragraph (j); and (y) in subsections 162(1) and (4), the references to subsections 161(3) and (4) are references to those subsections as modified by paragraphs (w) and (x). Previous Work Consideration 183 The person or body exercising powers or performing duties or functions under sections 174 to 182 may consider, and rely on, any information collected, or study or analysis carried out, in respect of the initiative by any department or agency so as to ensure efficiency and avoid duplication. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 4 Review of Projects to Be Carried Out Outside the Designated Area Sections 184-188 PART 4 Review of Projects to Be Carried Out Outside the Designated Area Initiative 184 In this Part, project includes an initiative whose purpose is to establish or abolish a park or a conservation area or to expand or reduce its area. Review by Board 185 The Board may — at the request of the Government of Canada or the Government of Nunavut or, with the consent of both governments, of the designated Inuit organization — conduct a review of a project that is to be carried out entirely outside the designated area and may have significant adverse ecosystemic or socio-economic impacts inside the designated area. Report 186 Within 45 days after the end of the Board’s review of a project, the Board must submit to the Government of Canada and the Government of Nunavut, and to the designated Inuit organization if the review was conducted at its request, a written report that contains (a) its assessment of the project and the project’s ecosystemic and socio-economic impacts inside the designated area; (b) its determination, based on the assessment referred to in paragraph (a), as to whether the project should or should not proceed; and (c) if it determines that a project should proceed, any terms and conditions that it recommends should apply in respect of the project. Follow-up 187 The Government of Canada and the Government of Nunavut must each take any action in response to the report that it considers appropriate in the circumstances. Interpretation 188 For greater certainty, sections 185 to 187 do not limit the jurisdiction of any other authority having powers, duties or functions in relation to the review of the impacts of the project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Sections 189-191 PART 5 General Provisions Interpretation Initiative 189 (1) In this Part, in the case of an initiative referred to in subsection 174(1), a reference to a project is a reference to the initiative and a reference to a proponent is a reference to the department or agency — or, by application of section 173, the federal or territorial minister — proposing that initiative. Definitions (2) The following definitions apply in this Part. responsible authority has the same meaning as in section 163. (autorité compétente) responsible Minister has the same meaning as in subsection 73(1). (ministre compétent) Standing During Assessment Standing — certain Indian bands 190 In the exercise of their powers and the performance of their duties and functions related to review under Parts 2 to 4, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to the councils of the Fort Churchill Indian Band, the Northlands Indian Band, the Black Lake Indian Band, the Hatchet Lake Indian Band and the Fond du Lac Indian Band to make submissions respecting the interests of their respective bands in relation to the areas within the designated area that those bands have traditionally used and continue to use and those bodies must take those submissions into account. Standing — Makivik 191 In the exercise of their powers and the performance of their duties and functions in relation to islands and marine areas of the Nunavut Settlement Area that are traditionally used and occupied by the Inuit of Northern Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Standing During Assessment Sections 191-195 Quebec, the Commission, the Board, any federal environmental assessment panel and any joint panel must accord full standing to Makivik to make submissions respecting the interests of the Inuit of northern Quebec and those bodies must take those submissions into account. Coordination of Activities Commission and Board 192 The Commission and the Board may coordinate their respective activities. Nunavut Water Board 193 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel must coordinate their respective activities relating to the review of a project requiring a licence under the Nunavut Waters and Nunavut Surface Rights Tribunal Act with those of the Nunavut Water Board so as to ensure efficiency and avoid duplication. Similar institutions 194 The Commission, any responsible authority, the Board, any federal environmental assessment panel and any joint panel may coordinate their respective activities with those of bodies having similar powers, duties or functions in any area in or adjacent to the designated area. Agreement — impacts outside designated area 195 (1) The Government of Canada and the Government of Nunavut must, with the assistance of the Board, use their best efforts to negotiate and enter into agreements with governments or relevant authorities in other jurisdictions for the purpose of ensuring collaboration between the Board, any federal environmental assessment panel and those governments or authorities, in respect of the review of projects that are to be carried out inside the designated area and that may have significant ecosystemic or socio-economic impacts outside the designated area. Interpretation (2) For greater certainty, nothing in any agreement entered into under subsection (1) has the effect of restricting the jurisdiction of the Board. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Coordination of Activities Sections 196-198 Advice regarding marine areas 196 The Commission and the Board may advise departments or agencies and make recommendations to them respecting marine areas, either individually or, as part of the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, both acting jointly with the Nunavut Water Board and the Nunavut Wildlife Management Board, and the Government of Canada and the Government of Nunavut must consider that advice and those recommendations when making any decision that may affect those marine areas. Information and Documents Obtaining Information Required information 197 (1) If a regulatory authority or a department or agency or municipality that is not a regulatory authority is in possession of specialist or expert information or knowledge, including traditional knowledge, it must, at the request of the Commission, a responsible authority, the Board, a federal environmental assessment panel, a joint panel or the responsible Minister, as the case may be, make that information or knowledge available to them if they require it to exercise their powers or perform their duties or functions. Limitation — discretion (2) Despite subsection (1), if a regulatory authority or a department or agency or municipality that is not a regulatory authority has a discretion under any other Act of Parliament or any territorial law to refuse to disclose the information or knowledge, they are not required to disclose it. Exercise of discretion (3) Any discretion referred to in subsection (2) must be exercised taking into account the objectives of the Agreement. Limitation — restriction on disclosure 198 Despite any other provision of this Act, proponents, regulatory authorities and departments or agencies that are not regulatory authorities are not required to provide the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel, the responsible Minister or any person designated under section 209 with any information whose disclosure is restricted under any other Act of Parliament or any territorial law. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Obtaining Information Sections 198-200 Use of Information Limitation — use for exercising powers, etc. 199 The members and employees of the Commission or the Board, the employees of a responsible authority, the members of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 are prohibited from using any information received under this Act for any purpose other than exercising powers or performing duties and functions under this Act. Communication of Information and Documents Decisions and reports — Commission 200 (1) The Commission must provide (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 77, subsection 78(1), section 80, subsection 81(2), 85(1), 142(1) or 144(2), section 175 or subsection 177(2); (b) in the case of a decision made under subsection 80(2), the regulatory authorities identified by the proponent with the project proposal; and (c) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3). Decisions, reports and certificates — Board (2) The Board must (a) provide the proponent, the Commission and the regulatory authorities identified by the proponent with any decision that it makes under subsection 86(1), 99(1) or 142(1); (b) provide the proponent and the regulatory authorities identified by the proponent with any original or revised report referred to in subsection 92(1), 104(1) or (3), 107(1) or (2) or 112(5) or paragraph 135(4)(c); Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Section 200 (c) if the responsible Minister is a territorial minister, provide the federal Minister with any report referred to in subsection 92(1); (d) in the case of a decision made under paragraph 93(1)(a), or after issuing a certificate under subsection 111(1), 112(10) or 132(1), provide the regulatory authorities identified by the proponent with the project proposal; (e) provide the proponent with every original or amended project certificate that it issues and provide a copy of that certificate to the regulatory authorities identified by the proponent; (f) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with the findings and conclusions referred to in section 124; (g) provide the proponent, the Minister of the Environment and the regulatory authorities identified by the proponent with any report referred to in subsection 127(1) or (2); (h) provide the proponent and the regulatory authorities identified by the proponent with any decision that it makes under subsection 144(2) or paragraph 155(1)(b); and (i) provide the Commission and the relevant regulatory authorities with any report submitted under subsection 152(4). Decisions and reports — panels (3) Each federal environmental assessment panel must provide (a) the proponent, the Commission and the regulatory authorities identified by the proponent with any decision made by the Minister of the Environment under subsection 118(1); (b) the proponent and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1) and any decision that it makes under subsection 144(2); and (c) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under subsection 142(1). Decisions — Minister (4) The responsible Minister must provide Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Section 200 (a) the proponent, the Board and the regulatory authorities identified by the proponent with any decision made by that Minister under subsection 93(1) or 94(1) or (3), section 95, 105 or 106 or subsection 107(3) or (4) or 112(6) or (7) and with any decision amended under subsection 139(3); and (b) the proponent, the Board, the Minister of the Environment and the regulatory authorities identified by the proponent with any decision made by the responsible Minister under section 125 or 126 or subsection 127(3) or (4). Other decisions — Minister (5) The federal Minister or the territorial Minister, or both, as the case may be, must provide (a) the Commission with any request for a ministerial exemption submitted under subsection 82(1) or 178(1); and (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision made under subsection 82(2) or 178(2). Decisions and reports — Minister (6) The federal Minister must provide (a) the relevant regulatory authorities with any report submitted under subsection 152(2); and (b) the person or entity referred to in subsection 152(2), the Commission, the Board and the relevant regulatory authorities with any decision made by that Minister under subsection 152(6). Decisions and reports — joint panel (7) Each joint panel must provide (a) the proponent, the authority referred to in paragraph 160(1)(b) and the regulatory authorities identified by the proponent with any report submitted under subsection 123(1); and (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision it makes under subsection 142(1). Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Sections 200-201 Decisions and reports — responsible authority (8) Each responsible authority must provide (a) the Board and the relevant regulatory authorities with any report submitted under subsection 152(3); (b) the proponent, the Commission, the Board and the regulatory authorities identified by the proponent with any decision that it makes under section 165, subsection 166(1) or section 168; and (c) in the case of a decision made under subsection 168(2), the project proposal to the regulatory authorities identified by the proponent. Interpretation (9) For the purposes of paragraphs (2)(a) and (i), (3)(a) and (c), (6)(b) and (7)(b), in the case of a project referred to in subsection 164(1), a reference to the Commission is a reference to the responsible authority. Public registry — Commission 201 (1) The Commission must maintain a public registry that is made accessible to the public via the Internet, and the Commission must include, as soon as practicable, the following in that registry: (a) reports referred to in paragraph 14(b), section 53 and subsections 61(1), 152(2) and (3) and 227(2); (b) by-laws and rules established under subsection 17(1); (c) any draft land use plan prepared under section 49; (d) comments received under subsection 50(2); (e) notices referred to in subsections 51(2), 76(4), 141(1), 142(1), 164(4) and 174(3); (f) decisions made under subsections 54(1) and (3) and 62(1) and (3), section 77, subsection 78(1), section 80, subsections 81(2), 82(2), 85(1), 144(2) and 152(6), section 175 and subsections 177(2) and 178(2); (g) land use plans approved under subsection 55(1); (h) recommendations received under section 56; (i) proposals for amendment of a land use plan made under subsections 59(1) and (3); (j) amendments to a land use plan approved under subsections 62(1) and (3); Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Sections 201-202 (k) proposed minor variances referred to in subsection 81(3); (l) reasons referred to in subsections 81(4) and 177(4); (m) requests referred to in subsections 82(1), 143(1), (4) and (5), 144(1) and 178(1); and (n) any additional information submitted under subsection 144(1). Limited effect (2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be. Public registry — Board 202 (1) The Board must maintain a public registry that is made accessible to the public via the Internet, and the Board must include, as soon as practicable, the following in that registry: (a) by-laws and rules established under subsection 26(1); (b) project proposals received under section 79, subsection 80(1), section 167 and subsection 168(1); (c) decisions made by the Board and the responsible Minister under Part 3; (d) original and revised reports referred to in subsections 92(1), 104(1) and (3), 107(1) and (2), 112(5), 123(1) and 127(1) and (2), paragraph 135(4)(c), subsections 152(2) and (4) and section 186; (e) guidelines sent under subsections 101(5) and 120(6); (f) impact statements submitted under subsections 101(6) and 120(7); (g) notices given under subsection 102(2), section 110, subsection 121(2) and section 131; (h) any original or amended project certificate issued by the Board; Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Sections 202-204 (i) any terms of reference for a federal environmental assessment panel or a joint panel fixed under section 117; (j) copies of any findings and conclusions provided under section 124; (k) notices given by the Board, a federal environmental assessment panel or a joint panel under subsection 142(1); (l) any request referred to in subsections 143(1), (4) and (5) and 144(1); (m) any additional information submitted under subsection 144(1); (n) reports submitted by a responsible authority under subsection 152(3), by application of section 170; (o) decisions made under subsection 152(6); (p) decisions made under section 165, subsection 166(1) and section 168; and (q) agreements referred to in subsection 230(3). Limited effect (2) Including any document in the registry is insufficient to discharge the relevant authority’s duty to make it public or to exercise a power to do so, as the case may be. Joint registry 203 The Commission and the Board may agree to maintain a joint public registry in accordance with the requirements of sections 201 and 202. Limitation 204 (1) Despite any other provision of this Act, a member or employee of the Commission or the Board, an employee of a responsible authority, a member of a federal environmental assessment panel or joint panel, the responsible Minister and any person designated under section 209 may only disclose, in the exercise of their powers and the performance of their duties and functions under this Act, a document, part of a document or information, including by placing it in a public registry, if (a) it has otherwise been made publicly available; or (b) its disclosure (i) would have been made in accordance with the Access to Information Act if a request had been Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Information and Documents Communication of Information and Documents Sections 204-206 made in respect of that document under that Act at the time the document came under their control under this Act, including any document that would be disclosed in the public interest under subsection 20(6) of the Access to Information Act, (ii) is not prohibited under any other Act of Parliament or territorial law, and (iii) would not contravene an agreement that a document, part of a document or information, provided to a person or body exercising powers or performing duties or functions under this Act, is confidential and must be treated accordingly. Application of certain provisions (2) Sections 27, 28 and 44 of the Access to Information Act apply in respect of any information described in subsection 27(1) of that Act that a person referred to in subsection (1) intends to disclose, with any modifications that the circumstances require, including the following: (a) the information is deemed to be a record that the head of a government institution intends to disclose; and (b) any reference to the person who requested access is to be disregarded. Prevention of unauthorized disclosure 205 Persons referred to in subsection 204(1) must take all necessary precautions to prevent the disclosure of any document, part of a document or information that they are not permitted to disclose under that subsection. Exercise of discretion 206 The Commission and the Board must take into account the objectives of the Agreement when exercising any discretion relating to the disclosure of information they have under any Act of Parliament. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Rights Preserved Sections 207-208 Rights Preserved Approval or amendment during assessment 207 (1) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after a project proposal has been submitted in accordance with section 76 is not to be taken into account in the assessment of a project under Part 3 or for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). Approval or amendment after assessment (2) An approval or amendment referred to in subsection (1) does not apply in respect of a project that was approved under Part 3 before that approval or amendment and is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). For greater certainty, such a project is not subject to a new assessment under that Part. Stoppage, etc. — less than five years 208 (1) Despite paragraphs 74(a) and (b), the following projects are not subject to an assessment under Part 3: (a) a project that was approved under that Part, was commenced and then stopped or shut down for a period of less than five years; and (b) the rebuilding of a work that has been closed for a period of less than five years if it relates to a project that was approved under that Part and lawfully carried out. Deeming — paragraph (1)(b) (2) Any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the original project referred to in paragraph (1)(b) is deemed to have been made or issued, as the case may be, in relation to the rebuilding of the work. Interpretation — paragraph (1)(a) (3) For greater certainty, any decision made under subsection 80(2) or paragraph 93(1)(a), or an original or amended project certificate that was issued, in respect of the project referred to in paragraph (1)(a) remains valid. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Rights Preserved Section 208 Approval or amendment after authorization (4) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in paragraph (1)(a) or the original project referred to in paragraph (1)(b) does not apply in respect of the project referred to in paragraph (1)(a) or the rebuilding of the work, as the case may be, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). Stoppage, etc. — five years or more (5) It is prohibited to carry out a project or rebuild a work, in whole or in part, if the period of stoppage or closure is five years or more. New project proposal (6) A proponent may submit a new project proposal in relation to a project or the rebuilding of a work referred to in subsection (5) in accordance with section 76 and the project to which any such proposal relates is deemed to be in conformity with any applicable land use plan for the purposes of section 77. Approval or amendment after authorization (7) The approval of a land use plan under subsection 55(1), or its amendment under subsection 62(1) or (3), after the approval of the project referred to in subsection (5) or the original project to which the work referred to in subsection (5) relates, does not apply in respect of the project to which the project proposal referred to in subsection (6) relates, is not to be taken into account for the purposes of paragraphs 14(a) and 74(f), but it must be taken into account for the purposes of subsection 69(4). Previous assessments (8) If a work or an activity is not exempt from a new assessment under subsection (1), any person or body exercising powers or performing duties or functions under Part 3 must consider, and may rely on, any assessment activities carried out under that Part in respect of the original project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Administration and Enforcement Sections 209-210 Administration and Enforcement Designation Designation 209 The federal Minister may designate any employee, or class of employees, of a department or agency to exercise powers relating to verifying compliance or preventing non-compliance with this Act or orders made under section 214. Powers Authority to enter 210 (1) A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 may, for those purposes, enter a place in which they have reasonable grounds to believe that a project is being carried out or a document or any thing relating to a project is located. Powers on entry (2) The designated person may, for the purposes referred to in subsection (1), (a) examine anything in the place; (b) use any means of communication in the place or cause it to be used; (c) use any computer system in the place, or cause it to be used, to examine data contained in or available to that system; (d) prepare a document, or cause one to be prepared, based on the data; (e) use any copying equipment in the place, or cause it to be used; (f) remove any thing from the place for examination or copying; (g) take photographs and make recordings or sketches; (h) order the owner or person in charge of the place or any person at the place to establish their identity to the designated person’s satisfaction or to stop or start an activity; (i) order the owner or person having possession, care or control of any thing in the place to not move it, or to Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Administration and Enforcement Powers Sections 210-211 restrict its movement, for as long as, in the designated person’s opinion, is necessary; (j) direct any person to put any machinery, vehicle or equipment in the place into operation or to cease operating it; and (k) prohibit or limit access to all or part of the place. Certificate (3) The federal Minister must provide every designated person with a certificate of designation. On entering any place, that person must, if so requested, produce the certificate to the occupant or person in charge of the place. Duty to assist (4) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the designated person to verify compliance or prevent non-compliance with this Act or orders made under section 214 and must provide any documents, data or information that are reasonably required for that purpose. Warrant for dwelling-house 211 (1) If the place referred to in subsection 210(1) is a dwelling-house, the designated person may only enter it with the occupant’s consent or under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the designated person who is named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice of the peace is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 210(1); (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing noncompliance with this Act or orders made under section 214; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused or that consent to entry cannot be obtained from the occupant. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Administration and Enforcement Powers Sections 212-214 Entering private property 212 (1) For the purpose of gaining entry to a place referred to in subsection 210(1), a designated person may enter and pass through private property. For greater certainty, no person has a right to object to that use of the property and no warrant is required for the entry, unless the property is a dwelling-house. Person accompanying designated person (2) A person may, at the designated person’s request, accompany the designated person to assist them in gaining entry to the place referred to in subsection 210(1) and is not liable for doing so. Use of force 213 In executing a warrant to enter a dwelling-house, a designated person must not use force unless the use of force has been specifically authorized in the warrant and the designated person is accompanied by a peace officer. Orders Measures required 214 (1) If a person designated to verify compliance or prevent non-compliance with this Act believes on reasonable grounds that there is a contravention of this Act, they may, among other things, order a person or entity to (a) stop doing something that is in contravention of this Act or cause it to be stopped; or (b) take any measure that the designated person considers necessary in order for the person or entity to comply with this Act or to mitigate the effects of the contravention. Notice (2) The order must be provided in the form of a written notice and must include (a) a statement of the reasons for the order; and (b) the time and manner in which the order must be carried out. Statutory Instruments Act (3) The orders are not statutory instruments for the purposes of the Statutory Instruments Act. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Administration and Enforcement Coordination Sections 215-219 Coordination Activities — designated persons 215 A person who is designated to verify compliance or prevent non-compliance with this Act or orders made under section 214 must coordinate their activities with those of any person designated for the purposes of verifying compliance or preventing non-compliance with any other Act of Parliament or territorial law so as to ensure efficiency and avoid duplication. Injunction Court — powers 216 (1) If, on the application of the responsible Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do any act constituting or directed toward a contravention of this Act, the court may issue an injunction ordering the person or entity that is named in the application to (a) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward a contravention of this Act; or (b) do an act that, in the opinion of the court, may prevent a contravention of this Act. Notice (2) At least 48 hours before an injunction is issued under subsection (1), notice of the application must be given to persons named in the application, unless the urgency of the situation is such that the delay involved in giving the notice would not be in the public interest. Prohibitions, Offences and Punishment Obstruction 217 It is prohibited to knowingly obstruct or hinder a designated person who is exercising their powers or performing their duties and functions under this Act. False statements or information 218 It is prohibited to knowingly make a false or misleading statement or knowingly provide false or misleading information in connection with any matter under this Act to any person who is exercising their powers or performing their duties and functions under this Act. Offence and punishment 219 (1) Any person who contravenes section 74, subsection 147(2), 152(7) or 208(5) or an order made under Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Administration and Enforcement Prohibitions, Offences and Punishment Sections 219-222 paragraph 214(1)(a) or (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. False statements or information (2) Any person who contravenes section 217 or 218 is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than one year, or to both. Continuing offences (3) If an offence under subsection (1) is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. Defence (4) A person may not be convicted of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. Judicial Matters Court Jurisdiction Judicial review — concurrent jurisdiction 220 Despite the exclusive jurisdiction referred to in section 18 of the Federal Courts Act, the Attorney General of Canada, the Attorney General of Nunavut or anyone directly affected by the matter in respect of which relief is sought may make an application for judicial review to the Nunavut Court of Justice for any relief against the Commission or the Board by way of an injunction or declaration or by way of an order in the nature of certiorari, mandamus, quo warranto or prohibition. Court reference 221 The Board or the Commission may refer a question of law or jurisdiction arising in relation to its powers, duties and functions under this Act to the Nunavut Court of Justice. Standing 222 The designated Inuit organization may apply to a court of competent jurisdiction for (a) a determination of whether any applicable requirement of an applicable land use plan has been Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Judicial Matters Court Jurisdiction Sections 222-223 implemented under section 69 and, if not, for any order that the Court considers necessary in the circumstances; (b) a determination of whether a project is, or has been, carried out in accordance with the requirements of paragraph 74(f) and, if not, for any order that the Court considers necessary in the circumstances; (c) a determination of whether a project is, or has been, carried out in accordance with the terms and conditions set out in the original or amended project certificate and, if not, for any order that the Court considers necessary in the circumstances; (d) a determination of whether any term or condition referred to in paragraph (c) has been implemented under section 136 or 137 and, if not, for any order that the Court considers necessary in the circumstances; (e) a determination of whether a project is, is likely to be or has been carried out in accordance with the terms and conditions referred to in paragraph (c) that have been implemented under section 136 or 137 and, if not, for an order requiring any person or entity named in the application to (i) refrain from doing an act that, in the opinion of the court, may constitute or be directed toward the breach of any of those terms or conditions, or (ii) do an act that, in the opinion of the court, may prevent the breach of any of those terms or conditions; (f) a determination of whether a project referred to paragraph 152(1)(a), (b) or (c) is, or has been, carried out in accordance with the terms and conditions imposed under subsection 152(6) and, if not, for any order that the Court considers necessary in the circumstances; or (g) judicial review of any interim or final decision or order made under Part 3. Decisions final 223 Unless an exemption has been granted under paragraph 82(2)(a), any decision made by the Commission regarding the conformity of a project with a land use plan is final and binding and, except for judicial review under the Federal Courts Act and under section 220, is not subject to appeal to or review by any court. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Judicial Matters Immunity Sections 224-227 Immunity Things done in good faith 224 No action lies against a member or employee of the Commission or the Board, a member of a federal environmental assessment panel or joint panel or a person designated under section 209 for anything done or omitted to be done in good faith in the exercise or performance, or purported exercise or performance, of any power, duty or function under this Act. Disclosure made in good faith 225 No action lies against the Crown, the Commission, the Board, members or employees of the Commission or the Board or members of a federal environmental assessment panel or joint panel for the disclosure in good faith of any document, any part of a document or information under this Act, including by making it available in the public registries, or for any consequences that flow from that disclosure or for the failure to give any notice required under section 27 or 28 of the Access to Information Act if reasonable care is taken to give the required notice. Time Limits Authority, etc. 226 The failure of the Commission, a responsible authority, the Board, any federal environmental assessment panel, any joint panel or a responsible Minister to exercise a power or perform a duty or function within a period limited by this Act does not terminate their authority or invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of such a power, duty or function. General Monitoring Plan 227 (1) The Government of Canada and the Government of Nunavut must, in cooperation with the Commission, develop a plan for the general monitoring of the long-term state and health of the ecosystemic and socioeconomic environment of the designated area and must direct and coordinate that general monitoring and the collection of information relating to it. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions General Monitoring Sections 227-229 Commission (2) The Commission must, in accordance with the plan developed under subsection (1), collate information provided by industry, departments or agencies and others and prepare periodic reports on the ecosystemic and socio-economic environment of the designated area. The Commission must use that information in the exercise of its powers and the performance of its duties and functions under this Act. Regulations and Orders Regulations 228 (1) The Governor in Council may, on the recommendation of the federal Minister after close consultation by that Minister with the territorial Minister, the designated Inuit organization, the Commission and the Board, make regulations for carrying out the purposes and provisions of this Act and, in particular, regulations (a) prescribing what constitutes a conflict of interest for the purposes of subsections 34(1) and (2) and 115(3); and (b) establishing a funding program to facilitate the participation of specified classes of persons or groups in reviews of projects by the Board, a federal environmental assessment panel or a joint panel. Consent of Tunngavik (2) The Governor in Council may, on the recommendation of the federal Minister, after consultation by that Minister with the territorial Minister, the Commission and the Board and with the consent of Tunngavik, make regulations prescribing (a) for the purposes of the definition project in subsection 2(1), classes of excluded works or activities; and (b) for the purposes of subsection 78(2), paragraph 155(1)(a) and subsection 166(2), classes of physical works and activities that are not exempt from screening. Schedule 2 229 The federal Minister may, by order, amend Schedule 2 to add, delete or amend the name of a designated regulatory agency. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 5 General Provisions Regulations and Orders Sections 230-233 Schedule 3 — proposed agreement 230 (1) Before entering into an agreement under item 7 of Schedule 12-1 to the Agreement, the Board must notify the designated Inuit organization and either the federal Minister or the territorial Minister, as the case may be, in writing of the classes of physical works and activities that are the subject of the proposed agreement. Comments (2) The recipient of a notice referred to in subsection (1) may, within 120 days after receiving the notice, provide the Board with comments in writing on the proposed agreement. Notice — agreement (3) After taking into account any comments received under subsection (2), the Board must notify the designated Inuit organization and either the federal or the territorial Minister, as the case may be, in writing of the agreement, if any, that has been entered into. Amendment to Schedule 3 (4) The federal Minister must, by order, amend Schedule 3 to add, delete or amend a description of any class of works or activities exempted from screening under an agreement referred to in subsection (3). PART 6 Transitional Provisions Members and employees 231 Members and employees of the Commission and the Board who occupy a position immediately before the coming into force of this section continue in that position as if they had been appointed or employed under this Act. Policies, priorities and objectives regarding planning 232 Sections 40 to 45 do not apply in respect of policies, priorities, and broad and specific objectives regarding land use planning established, and planning variables identified, under Article 11 of the Agreement and in force on the day on which this section comes into force, but those sections apply in respect of any amendment to such a policy, priority, objective or variable after the coming into force of this section. Land use plans 233 (1) Any land use plan approved under section 11.5.9 of the Agreement and in force on the day on which this Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 6 Transitional Provisions Sections 233-235 section comes into force remains in force subject to the following rules: (a) sections 47, 48 and 66 do not apply in respect of it and, for greater certainty, sections 49 to 58 do not apply in respect of it; (b) it is taken into account for the purposes of sections 46, 68 to 70 and 72, Part 3, paragraph 222(d) and section 223; and (c) sections 59 to 65 apply in respect of any amendment to it after the coming into force of this section. Public Registry (2) The Commission must include any land use plan referred to in subsection (1) in the public registry established under subsection 201(1). Municipal plans 234 Sections 71 and 72 do not apply in respect of any municipal land use plan developed in accordance with Article 11 of the Agreement and in force on the day on which this section comes into force. Those sections apply in respect of any amendment to such a land use plan after the coming into force of this section. Projects — assessment under Agreement 235 (1) This Act does not apply in respect of (a) a project that is being assessed under the Agreement or is being, or has been, lawfully carried out on the day on which this section comes into force; (b) a project that was approved under the Agreement before the day on which this section comes into force, was commenced and then stopped or shut down for a period of less than five years, calculated from that day; (c) the rebuilding of a work that has been closed for a period of less than five years calculated from the day on which this section comes into force, if it relates to a project that was approved under the Agreement before that day and lawfully carried out; and (d) a project that was approved under the Agreement before the day on which this section comes into force and commenced within five years of that day. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment PART 6 Transitional Provisions Section 235 Exception — significant modification (2) Despite subsection (1), if, after this section comes into force, there is a significant modification, within the meaning of section 145, to a project referred to in any of paragraphs (1)(a) to (d), this Act applies to that project. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment SCHEDULE 1 SCHEDULE 1 (Section 30) I, .............. , do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the (Nunavut Planning Commission or the Nunavut Impact Review Board). (So help me God.) Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment SCHEDULE 2 Designated Regulatory Agencies SCHEDULE 2 (Subsection 73(2) and section 229) Designated Regulatory Agencies Canadian Energy Regulator Régie canadienne de l’énergie Canadian Nuclear Safety Commission Commission canadienne de sûreté nucléaire Nunavut Water Board Office des eaux du Nunavut 2013, c. 14, s. 2 “Sch. 2”; 2019, c. 28, s. 182; 2019, c. 28, s. 183. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment SCHEDULE 3 Classes of Works and Activities Exempt from Screening SCHEDULE 3 (Subsection 78(2), paragraph 155(1)(a) and subsections 166(2) and 230(4)) Classes of Works and Activities Exempt from Screening Item 1 Classes of Works or Activities Any research and collection work or activity that requires a permit, licence or authorization issued by the Parks Canada Agency, in accordance with regulations made under subsection 16(1) of the Canada National Marine Conservation Areas Act or under one or more of the following provisions: (a) subsections 7(5), 11(1) and 14(2) of the National Parks General Regulations; (b) paragraph 15(1)(a) of the National Parks Wildlife Regulations; (c) subject to item 2 of this Schedule, section 73 of the Species at Risk Act; (d) subject to item 2 of this Schedule, subsection 4(2) of the Federal Real Property and Federal Immovables Regulations. Any research and collection work or activity that requires a permit, licence or authorization issued by the Parks Canada Agency, under one or more of the provisions below, if carried out on a historic place that has been designated under the Historic Sites and Monuments Act, is administered by the Parks Canada Agency and is the subject of an Inuit Impact and Benefit Agreement: (a) subsections 3(2), 4(2) and 12(3) of the National Historic Parks General Regulations; (b) paragraph 5(1)(a) of the National Historic Parks Wildlife and Domestic Animals Regulations; (c) section 73 of the Species at Risk Act; (d) subsection 4(2) of the Federal Real Property and Federal Immovables Regulations. Any work or activity that requires one or more of the following archeological and palaeontological permits issued by the Government of Nunavut Department of Culture and Heritage: (a) a Class 1 permit issued pursuant to subsection 8(2) of the Nunavut Archaeological and Palaeontological Sites Regulations; (b) a Class 2 permit issued pursuant to subsection 9(2) of the Nunavut Archaeological and Palaeontological Sites Regulations. Current to June 20, 2022 Last amended on May 27, 2022 Nunavut Planning and Project Assessment SCHEDULE 3 Classes of Works and Activities Exempt from Screening Item 4 Classes of Works or Activities Any work or activity that requires one or more of the following authorizations, licences, orders or permits issued by the Government of Nunavut Department of Environment under the Wildlife Act, S.Nu. 2003, c. 26, and the Licences and Tags Regulations, R-012-2015: (a) licence to harvest wildlife referred to in section 18 of that Act; (b) an authorization by licence or order issued under section 21 of that Act; (c) a live possession licence issued under section 19 of those Regulations; (d) an animal husbandry licence issued under section 27 of those Regulations; (e) an import licence referred to in subsection 105(1) of that Act; (f) an export licence referred to in subsection 106(1) of that Act; (g) a licence to traffic in the meat of wildlife referred to in section 108 of that Act; (h) a licence issued to a big game outfitter referred to in section 111.1 of that Act; (i) a licence to act as a guide to a person harvesting game referred to in subsection 112(1) of that Act; (j) a taxidermy licence referred to in subsection 115(2) of that Act; (k) a harvesting instruction licence referred to in section 116 of that Act; (l) a licence to conduct wildlife research or collect wildlife specimens referred to in subsection 117(1) of that Act; (m) a licence authorizing wildlife observation referred to in subsection 117(2) of that Act. 2013, c. 14, s. 2 “Sch. 3”; SOR/2022-118, s. 1. Current to June 20, 2022 Last amended on May 27, 2022

CONSOLIDATION National Sports of Canada Act S.C. 1994, c. 16 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to recognize hockey and lacrosse as the national sports of Canada Short Title 1 Short title National Sports of Canada 2 Hockey and lacrosse to be national sports Current to June 20, 2022 ii S.C. 1994, c. 16 An Act to recognize hockey and lacrosse as the national sports of Canada [Assented to 12th May 1994] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Sports of Canada Act. National Sports of Canada Hockey and lacrosse to be national sports 2 The game commonly known as ice hockey is hereby recognized and declared to be the national winter sport of Canada and the game commonly known as lacrosse is hereby recognized and declared to be the national summer sport of Canada. Current to June 20, 2022

CONSOLIDATION Nisga’a Final Agreement Act S.C. 2000, c. 7 Current to June 20, 2022 Last amended on July 2, 2003 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 2, 2003. 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 2, 2003 TABLE OF PROVISIONS An Act to give effect to the Nisga’a Final Agreement Short Title 1 Short title Interpretation 2 Definitions Constitution Act, 1982 Nisga’a Final Agreement 4 Nisga’a Final Agreement Agreement binding Conflict between Agreement and laws Aboriginal rights Fee simple estate General 9 Appropriation Regulations Judicial notice of Agreements Judicial notice of Nisga’a laws Harvest Agreement Taxation Agreement given effect Laws of British Columbia 15 Application of laws Application of Other Acts 16 Indian Act Section 126 of Criminal Code Statutory Instruments Act Federal Courts Act Legal Proceedings 20 Notice of issues arising Current to June 20, 2022 Last amended on July 2, 2003 ii Nisga’a Final Agreement TABLE OF PROVISIONS Related Amendments Coming into Force *27 Order of Governor in Council Current to June 20, 2022 Last amended on July 2, 2003 iv S.C. 2000, c. 7 An Act to give effect to the Nisga’a Final Agreement [Assented to 13th April 2000] Preamble Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians; Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation and agreement, rather than through litigation or conflict; Whereas representatives of the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia have negotiated the Nisga’a Final Agreement to achieve this reconciliation and to establish a new relationship among them; Whereas the Constitution of Canada is the supreme law of Canada; Whereas the Nisga’a Final Agreement states that the Agreement does not alter the Constitution of Canada; Whereas the Nisga’a Final Agreement states that the Canadian Charter of Rights and Freedoms applies to Nisga’a Government in respect of all matters within its authority, bearing in mind the free and democratic nature of Nisga’a Government as set out in the Agreement; And Whereas the enactment of federal legislation is required by the Nisga’a Final Agreement to give effect to the Agreement; Now, Therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement Short Title Sections 1-3 Short Title Short title 1 This Act may be cited as the Nisga’a Final Agreement Act. Interpretation Definitions 2 (1) The definitions in this subsection apply in this Act. Nisga’a Final Agreement means the Nisga’a Final Agreement signed on behalf of the Nisga’a Nation and Her Majesty in right of British Columbia on April 27, 1999 and on behalf of Her Majesty in right of Canada on May 4, 1999 and laid before the House of Commons on October 19, 1999, and includes any amendments made to that Agreement from time to time in accordance with its provisions. (Accord définitif nisga’a) settlement legislation means the Acts of Parliament and the Acts of the Legislature of British Columbia that give effect to the Nisga’a Final Agreement, including this Act and the Nisga’a Final Agreement Act (British Columbia). (législation de mise en vigueur) Taxation Agreement means the Nisga’a Nation Taxation Agreement, laid before the House of Commons on October 19, 1999, and entered into on the effective date of the Nisga’a Final Agreement by the Nisga’a Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, as provided for by paragraph 21 of the Taxation Chapter of the Nisga’a Final Agreement, and includes any amendments made to the Nisga’a Nation Taxation Agreement from time to time in accordance with its provisions. (accord fiscal) Expressions defined in Agreement (2) Words and expressions used in this Act have the same meaning as in the Nisga’a Final Agreement, unless the context requires otherwise. Constitution Act, 1982 3 The Nisga’a Final Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement Nisga’a Final Agreement Sections 4-7 Nisga’a Final Agreement Nisga’a Final Agreement 4 (1) The Nisga’a Final Agreement is approved, given effect and declared valid and has the force of law. Rights and duties (2) Without limiting the application of subsection (1), a person or body has the powers, rights, privileges and benefits conferred on the person or body by the Nisga’a Final Agreement and shall perform the duties and is subject to the liabilities imposed on the person or body by that Agreement. Saving (3) No provision made by this Act for a matter that is already provided for in the Nisga’a Final Agreement limits the application of this section. Agreement binding 5 The Nisga’a Final Agreement is binding on, and can be relied on by, all persons. Conflict between Agreement and laws 6 In the event of an inconsistency or conflict between the Nisga’a Final Agreement and the provisions of any federal or provincial law, including this Act, that Agreement prevails to the extent of the inconsistency or conflict. Aboriginal rights 7 (1) Notwithstanding the common law, as a result of the Nisga’a Final Agreement and the settlement legislation, the aboriginal rights, including the aboriginal title, of the Nisga’a Nation, as they existed anywhere in Canada before the effective date of that Agreement, including their attributes and geographic extent, are modified, and continue as modified, as set out in that Agreement. Aboriginal title (2) For greater certainty, the aboriginal title of the Nisga’a Nation anywhere that it existed in Canada before the effective date of the Nisga’a Final Agreement is modified and continues as the estates in fee simple to those areas identified in that Agreement as Nisga’a Lands or Nisga’a Fee Simple Lands. Interpretation (3) The express derogation from the common law contained in subsection (1), which is also contained in paragraph 24 of the General Provisions Chapter of the Nisga’a Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement Nisga’a Final Agreement Sections 7-12 Final Agreement, shall not be construed so as to limit the effect on the common law of any other provision of this or any other Act that does not contain an express derogation from the common law. Fee simple estate 8 On the effective date of the Nisga’a Final Agreement, the Nisga’a Nation owns the estate in fee simple, as set out in the Lands Chapter of that Agreement, in (a) the Nisga’a Lands identified in paragraphs 1 and 2 of the Lands Chapter of that Agreement; and (b) Category A Lands and Category B Lands. General Appropriation 9 There shall be paid out of the Consolidated Revenue Fund the sums that are required to meet the obligations of Canada under the Capital Transfer and Negotiation Loan Repayment Chapter and the Fisheries Chapter of the Nisga’a Final Agreement. Regulations 10 The Governor in Council may make any regulations or orders that the Governor in Council considers necessary or advisable for the purpose of carrying out any of the provisions of the Nisga’a Final Agreement or of the Taxation Agreement. Judicial notice of Agreements 11 (1) Judicial notice shall be taken of the Nisga’a Final Agreement and the Taxation Agreement. Publication of Agreements (2) The Nisga’a Final Agreement and the Taxation Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Nisga’a Final Agreement or the Taxation Agreement published by the Queen’s Printer is evidence of that Agreement, and a copy purporting to be published by the Queen’s Printer shall be deemed to be so published, unless the contrary is shown. Judicial notice of Nisga’a laws 12 (1) Judicial notice shall be taken of Nisga’a laws. Evidence of Nisga’a law (2) A copy of a Nisga’a law purporting to be deposited in the public registry of Nisga’a laws referred to in the Nisga’a Government Chapter of the Nisga’a Final Agreement Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement General Sections 12-14 is evidence of that law and of its contents, unless the contrary is shown. Harvest Agreement 13 (1) The Minister of Fisheries and Oceans has the authority, on behalf of Her Majesty in right of Canada, to enter into the Harvest Agreement described in the Fisheries Chapter of the Nisga’a Final Agreement. Not a treaty (2) The Harvest Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of section 25 or 35 of the Constitution Act, 1982. Taxation Agreement given effect 14 (1) The Taxation Agreement is approved, given effect and declared valid. Force of law (2) Paragraphs 1, 4 to 15, 28 to 32 and 34 to 36 of the Taxation Agreement have the force of law during the period that the Agreement, by its terms, is in force. Saving (3) Nothing in the Taxation Agreement or in this Act limits any entitlement of the Nisga’a Nation, a Nisga’a Village or a Nisga’a government corporation to any benefit available to it under a federal law of general application. Transfers of capital (4) A transfer of Nisga’a capital, other than cash, between or among two or more of the Nisga’a Nation, Nisga’a Villages and Nisga’a government corporations, is not taxable under a federal law during the period that the Taxation Agreement, by its terms, is in force. Definitions (5) For the purposes of subsections (3) and (4) and the paragraphs of the Taxation Agreement referred to in subsection (2), the definitions in the Taxation Agreement have the force of law. Not a treaty (6) The Taxation Agreement does not form part of the Nisga’a Final Agreement, and it is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement Laws of British Columbia Sections 15-20 Laws of British Columbia Application of laws 15 To the extent that a law of British Columbia does not apply of its own force to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, that law applies, subject to this Act and any other Act of Parliament, in accordance with the Nisga’a Final Agreement to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions, Nisga’a Corporations or Nisga’a citizens, as the case may be. Application of Other Acts Indian Act 16 Subject to the Indian Act Transition Chapter and paragraphs 5 and 6 of the Taxation Chapter of the Nisga’a Final Agreement, the Indian Act does not apply to the Nisga’a Nation, Nisga’a Villages, Nisga’a Institutions or Nisga’a citizens as of the effective date of that Agreement, except for the purpose of determining whether an individual is an “Indian”. Section 126 of Criminal Code 17 For greater certainty, section 126 of the Criminal Code does not apply in respect of anything required to be done or forbidden to be done by or under the Nisga’a Final Agreement. Statutory Instruments Act 18 For greater certainty, neither Nisga’a laws nor any instruments made under the Nisga’a Final Agreement are statutory instruments within the meaning of the Statutory Instruments Act. Federal Courts Act 19 For greater certainty, no Nisga’a Institution or Nisga’a Court, and no body or person appointed by Nisga’a Government having, exercising or purporting to exercise jurisdiction or powers conferred by or under a Nisga’a law, is a federal board, commission or other tribunal within the meaning of the Federal Courts Act. 2000, c. 7, s. 19; 2002, c. 8, s. 182. Legal Proceedings Notice of issues arising 20 (1) If, in any judicial or administrative proceeding, an issue arises in respect of Current to June 20, 2022 Last amended on July 2, 2003 Nisga’a Final Agreement Legal Proceedings Sections 20-27 (a) the interpretation or validity of the Nisga’a Final Agreement, or (b) the validity or applicability of any settlement legislation or any Nisga’a law, the issue shall not be decided until the party raising the issue has properly served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government. Content of notice (2) The notice required under subsection (1) must (a) describe the judicial or administrative proceeding in which the issue arises; (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least fourteen days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Nisga’a Lisims Government may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held where one is not otherwise required. Related Amendments 21 to 26 [Amendments] Coming into Force Order of Governor in Council 27 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Act in force May 11, 2000, see SI/2000-38.] Current to June 20, 2022 Last amended on July 2, 2003

CONSOLIDATION Nuclear Fuel Waste Act S.C. 2002, c. 23 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the long-term management of nuclear fuel waste Short Title 1 Short title Interpretation 2 Definitions Purpose of Act 3 Comprehensive, integrated and economically sound approach Application of Act 4 Binding on Her Majesty Application to nuclear energy corporations and AECL Waste Management Organization 6 Incorporation and purpose Duty toward other owners of nuclear fuel waste Advisory Council Financing 9 Trust funds Initial deposit to trust funds Withdrawals from trust funds Study by Waste Management Organization 12 Study within three years Financial aspects Minister may consult public Decision of Governor in Council Reports by Waste Management Organization 16 Obligation to submit annual reports Current to June 20, 2022 ii Nuclear Fuel Waste TABLE OF PROVISIONS Obligation to deposit Triennial report Minister’s statement 19.1 Tabling of reports in Parliament Change in Approach 20 New approach — technical difficulty Withdrawal by Beneficiary 21 Withdrawals from trust funds Records, Books and Financial Statements 22 Records and books to be kept WMO financial statements Documents To Be Made Public 24 Documents to be made public Inspection of Records and Books 25 Auditors Duty to assist auditor Offences and Punishment 27 Failure to deposit amounts Failure to submit study Offence by employee or agent Due diligence Time limit for prosecution Coming into Force *32 Coming into force Current to June 20, 2022 iv S.C. 2002, c. 23 An Act respecting the long-term management of nuclear fuel waste [Assented to 13th June 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Nuclear Fuel Waste Act. Interpretation Definitions 2 The following definitions apply in this Act. economic region means an economic region described by Statistics Canada in its Guide to the Labour Force Survey, published on January 31, 2000. (région économique) management, in relation to nuclear fuel waste, means long-term management by means of storage or disposal, including handling, treatment, conditioning or transport for the purpose of storage or disposal. (gestion) Minister means the Minister of Natural Resources or such member of the Queen’s Privy Council for Canada as the Governor in Council may designate as the Minister for the purposes of this Act. (ministre) nuclear energy corporation means (a) Ontario Power Generation Inc., Hydro-Québec, New Brunswick Power Corporation, and any other body that owns nuclear fuel waste resulting from the Current to June 20, 2022 Nuclear Fuel Waste Interpretation Sections 2-5 production of electricity by means of a commercial nuclear reactor; (b) any successor or assignee of a corporation mentioned in paragraph (a); and (c) any assignee of Atomic Energy of Canada Limited, being the company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act, chapter A-19 of the Revised Statutes of Canada, 1970. (sociétés d’énergie nucléaire) nuclear fuel waste means irradiated fuel bundles removed from a commercial or research nuclear fission reactor. (déchets nucléaires) prime rate means, for any day, the rate of interest charged by banks to their most credit-worthy borrowers for short-term business loans, as determined and published by the Bank of Canada for the month in which the day falls. (taux de base) waste management organization means the corporation established under section 6, regardless of the actual name of that corporation. (société de gestion) Purpose of Act Comprehensive, integrated and economically sound approach 3 The purpose of this Act is to provide a framework to enable the Governor in Council to make, from the proposals of the waste management organization, a decision on the management of nuclear fuel waste that is based on a comprehensive, integrated and economically sound approach for Canada. Application of Act Binding on Her Majesty 4 This Act is binding on Her Majesty in right of Canada or a province. Application to nuclear energy corporations and AECL 5 This Act applies to a nuclear energy corporation and to Atomic Energy of Canada Limited only if it is the owner of nuclear fuel waste. Current to June 20, 2022 Nuclear Fuel Waste Waste Management Organization Sections 6-8 Waste Management Organization Incorporation and purpose 6 (1) The nuclear energy corporations shall establish a corporation, in this Act referred to as the waste management organization, whose purpose under this Act is to do the following on a non-profit basis: (a) propose to the Government of Canada approaches for the management of nuclear fuel waste; and (b) implement the approach that is selected under section 15 or is approved under subsection 20(5). Participation in waste management organization (2) Once the waste management organization has been established, every nuclear energy corporation shall become and remain a member or shareholder of it. Not an agent of Her Majesty (3) For all purposes the waste management organization is not an agent of Her Majesty in right of Canada. Duty toward other owners of nuclear fuel waste 7 The waste management organization shall offer, without discrimination and at a fee that is reasonable in relation to its costs of managing the nuclear fuel waste of its members or shareholders, to (a) Atomic Energy of Canada Limited, and (b) all owners of nuclear fuel waste produced in Canada that are neither members nor shareholders of the waste management organization its nuclear fuel waste management services that are set out in the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). Advisory Council 8 (1) The waste management organization shall create an Advisory Council, which shall (a) examine the study referred to in subsection 12(1) and the triennial reports referred to in section 18 that are to be submitted to the Minister; and (b) give written comments on that study and those reports to the waste management organization. Current to June 20, 2022 Nuclear Fuel Waste Waste Management Organization Sections 8-10 Representation on Advisory Council (2) The members of the Advisory Council shall be appointed by the governing body of the waste management organization. The governing body shall make all reasonable efforts to ensure that the Advisory Council’s membership (a) reflects a broad range of scientific and technical disciplines related to the management of nuclear fuel waste; (b) reflects expertise, in matters of nuclear energy, (i) in public affairs, and (ii) as needed, in other social sciences; (b.1) reflects expertise knowledge; and in traditional aboriginal (c) includes representatives nominated by local and regional governments and aboriginal organizations that are affected because their economic region is specified for the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). Financing Trust funds 9 (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall maintain in Canada, either individually or jointly with one or more of the other nuclear energy corporations or Atomic Energy of Canada Limited, one trust fund with a financial institution incorporated or formed by or under an Act of Parliament or of the legislature of a province, except, in the case of a nuclear energy corporation, a financial institution in relation to which the nuclear energy corporation beneficially owns, directly or indirectly, more than ten per cent of the outstanding shares of any given class of shares. Documents relating to trust funds (2) The financial institution that holds a trust fund referred to in this section shall maintain in Canada all documents relating to that trust fund. Initial deposit to trust funds 10 (1) Each body mentioned in this subsection shall, either directly or through a third party, no later than 10 days after the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: Current to June 20, 2022 Nuclear Fuel Waste Financing Sections 10-11 (a) Ontario Power Generation Inc., $500,000,000; (b) Hydro-Québec, $20,000,000; (c) New Brunswick Power Corporation, $20,000,000; and (d) Atomic Energy of Canada Limited, $10,000,000. Subsequent deposits to trust funds (2) Each body mentioned in this subsection shall in each year, either directly or through a third party, no later than the anniversary of the day on which this Act comes into force, deposit to its trust fund maintained under subsection 9(1) the following respective amounts: (a) Ontario Power Generation Inc., $100,000,000; (b) Hydro-Québec, $4,000,000; (c) New Brunswick Power Corporation, $4,000,000; and (d) Atomic Energy of Canada Limited, $2,000,000. When obligation ceases to apply (3) Subsection (2) ceases to apply on the day on which the Minister approves the amount of the deposit under paragraph 16(3)(a). Calculation of interest (4) Interest accumulates on any portion of a deposit not paid by the day referred to in subsection (1) or (2), at the prime rate plus two per cent, calculated daily from the day referred to in subsection (1) or (2), as the case may be, to the day before the day of the deposit. Latest date for deposit (5) Each body mentioned in subsection (1) or (2) shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1), no later than 30 days after the date of the decision of the Governor in Council under section 15, the applicable amount referred to in subsection (1) or (2) plus an amount, if any, equal to the interest. Withdrawals from trust funds 11 (1) Only the waste management organization may withdraw moneys from a trust fund maintained under subsection 9(1). Condition for withdrawals (2) The waste management organization may make withdrawals only for the purpose of implementing the approach that the Governor in Council selects under section Current to June 20, 2022 Nuclear Fuel Waste Financing Sections 11-12 15 or approves under subsection 20(5), including avoiding or minimizing significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations. First withdrawal (3) The waste management organization may make the first withdrawal only for an activity in respect of which a construction or operating licence has, after the date of the decision of the Governor in Council under section 15, been issued under section 24 of the Nuclear Safety and Control Act. Ministerial approval (4) If the Minister is of the view that the waste management organization has withdrawn moneys from a trust fund contrary to subsection (2) or (3), the Minister may require the Minister’s prior approval in respect of any future withdrawal from a trust fund by the waste management organization. Study by Waste Management Organization Study within three years 12 (1) Within three years after the coming into force of this Act, the waste management organization shall submit to the Minister a study setting out (a) its proposed approaches for the management of nuclear fuel waste, along with the comments of the Advisory Council on those approaches; and (b) its recommendation as to which of its proposed approaches should be adopted. Methods to manage nuclear fuel waste (2) Each of the following methods must be the sole basis of at least one approach: (a) deep geological disposal in the Canadian Shield, based on the concept described by Atomic Energy of Canada Limited in the Environmental Impact Statement on the Concept for Disposal of Canada’s Nuclear Fuel Waste and taking into account the views of the environmental assessment panel set out in the Report of the Nuclear Fuel Waste Management and Disposal Concept Environmental Assessment Panel dated February 1998; (b) storage at nuclear reactor sites; and (c) centralized storage, either above or below ground. Current to June 20, 2022 Nuclear Fuel Waste Study by Waste Management Organization Sections 12-13 Technical description, region (3) The study must include a detailed technical description of each proposed approach and must specify an economic region for its implementation. Comparison of risks, etc. (4) Each proposed approach must include a comparison of the benefits, risks and costs of that approach with those of the other approaches, taking into account the economic region in which that approach would be implemented, as well as ethical, social and economic considerations associated with that approach. Services to certain owners of waste (5) Each proposed approach must include a description of the nuclear fuel waste management services to be offered by the waste management organization under section 7. Implementation plan (6) Each proposed approach must include an implementation plan setting out, as a minimum, (a) a description of activities; (b) a timetable for carrying out the approach; (c) the means that the waste management organization plans to use to avoid or minimize significant socio-economic effects on a community’s way of life or on its social, cultural or economic aspirations; and (d) a program for public consultation. Consultation (7) The waste management organization shall consult the general public, and in particular aboriginal peoples, on each of the proposed approaches. The study must include a summary of the comments received by the waste management organization as a result of those consultations. Financial aspects 13 (1) The study must set out, with respect to each proposed approach, a formula to calculate the annual amount required to finance the management of nuclear fuel waste. The report must explain the assumptions behind each term of the formula. The formula must include the following terms: (a) the estimated total cost of management of nuclear fuel waste, which must take into account natural or Current to June 20, 2022 Nuclear Fuel Waste Study by Waste Management Organization Sections 13-15 other events that have a reasonable probability of occurring; (b) the estimated rate of return on the trust funds maintained under subsection 9(1); (c) the life expectancy of the nuclear reactors of each nuclear energy corporation and of Atomic Energy of Canada Limited; and (d) the estimated amounts to be received from owners of nuclear fuel waste, other than nuclear energy corporations and Atomic Energy of Canada Limited, in return for services of management of nuclear fuel waste. Respective percentages (2) The study must set out, with respect to each proposed approach, the respective percentage of the estimated total cost of management of nuclear fuel waste that is to be paid by each nuclear energy corporation and Atomic Energy of Canada Limited, and an explanation of how those respective percentages were determined. Financial guarantees (3) The study must set out the form and amount of any financial guarantees for the management of nuclear fuel waste that have been provided by the nuclear energy corporations and Atomic Energy of Canada Limited under the Nuclear Safety and Control Act. Minister may consult public 14 (1) The Minister may engage in such consultations with the general public on the approaches set out in the study as the Minister considers necessary. Revision of study (2) If the Minister is of the opinion that the study fails in a significant way to meet the requirements of sections 12 and 13, the Minister shall direct the waste management organization to revise the relevant portions of it and submit the revised study to the Minister within the period that the Minister specifies. Decision of Governor in Council 15 The Governor in Council, on the recommendation of the Minister, shall select one of the approaches for the management of nuclear fuel waste from among those set out in the study, and the decision of the Governor in Council shall be published in the Canada Gazette. Current to June 20, 2022 Nuclear Fuel Waste Reports by Waste Management Organization Section 16 Reports by Waste Management Organization Obligation to submit annual reports 16 (1) The waste management organization shall, within three months after the end of each fiscal year of the organization, submit to the Minister a report of its activities for that fiscal year. Contents of annual report after section 15 decision (2) Each annual report after the date of the decision of the Governor in Council under section 15 must include (a) the form and amount of any financial guarantees that have been provided during that fiscal year by the nuclear energy corporations and Atomic Energy of Canada Limited under the Nuclear Safety and Control Act and relate to implementing the approach that the Governor in Council selects under section 15 or approves under subsection 20(5); (b) the updated estimated total cost of the management of nuclear fuel waste; (c) the budget forecast for the next fiscal year; (d) the proposed formula for the next fiscal year to calculate the amount required to finance the management of nuclear fuel waste and an explanation of the assumptions behind each term of the formula; and (e) the amount of the deposit required to be paid during the next fiscal year by each of the nuclear energy corporations and Atomic Energy of Canada Limited, and the rationale by which those respective amounts were arrived at. Minister’s approval of formula and deposits (3) The formula referred to in paragraph (2)(d) and the amount of each deposit referred to in paragraph (2)(e) are subject to the approval of the Minister when proposed in (a) the first annual report after the date of a decision of the Governor in Council under section 15 or subsection 20(5); and (b) the first annual report after the issuance, under section 24 of the Nuclear Safety and Control Act, of a construction or operating licence for an activity to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5). Current to June 20, 2022 Nuclear Fuel Waste Reports by Waste Management Organization Sections 16-18 Grounds for refusing to approve (4) If the Minister (a) is not satisfied that the formula referred to in paragraph (2)(d) will provide sufficient funds to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5), or (b) is not satisfied that the amount of each deposit referred to in paragraph (2)(e) is consistent with the formula referred to in paragraph (2)(d), the Minister shall refuse to give the approval referred to in subsection (3) and shall direct the waste management organization to revise the relevant portions of the annual report and submit the revised annual report to the Minister within 30 days. Obligation to deposit 17 (1) Each nuclear energy corporation and Atomic Energy of Canada Limited shall, either directly or through a third party, deposit to its trust fund maintained under subsection 9(1) its respective deposit specified in the annual report (a) if the Minister’s approval under subsection 16(3) is not required, within 30 days after the annual report is submitted to the Minister under subsection 16(1); or (b) if the Minister’s approval under subsection 16(3) is required, within 30 days after the date of that approval. Extension of time (2) Notwithstanding subsection (1), the Governor in Council may, on request by a nuclear energy corporation made before the expiration of the 30 day period referred to in that subsection, authorize the nuclear energy corporation to defer by one year all or part of its deposit required by that subsection, if the Governor in Council is of the opinion that the public interest requires that that money be used instead to repair the damage caused by an event that is not attributable to the corporation and is extraordinary, unforeseen and irresistible. Triennial report 18 The annual report of the waste management organization for its third fiscal year after the fiscal year in which a decision is made by the Governor in Council under section 15, and for every third fiscal year after that, in this Act called the “triennial report”, must include Current to June 20, 2022 Nuclear Fuel Waste Reports by Waste Management Organization Sections 18-20 (a) a summary of its activities respecting the management of nuclear fuel waste during the last three fiscal years, including an analysis of any significant socioeconomic effects of those activities on a community’s way of life or on its social, cultural or economic aspirations; (b) its strategic plan for the next five fiscal years to implement the approach that the Governor in Council selects under section 15 or approves under subsection 20(5); (c) its budget forecast for the next five fiscal years to implement the strategic plan; (d) the results of its public consultations held during the last three fiscal years with respect to the matters set out in paragraphs (a) and (b); and (e) the comments of the Advisory Council on the matters referred to in paragraphs (a) to (d). Minister’s statement 19 The Minister shall, within 90 days after receiving a report, issue a public statement regarding the report. Tabling of reports in Parliament 19.1 The Minister shall cause a copy of each report to be laid before each House of Parliament within the first fifteen sitting days of that House after the Minister has received the report. Change in Approach New approach — technical difficulty 20 (1) If the waste management organization is unable, for technical reasons beyond its control, to implement the approach that was selected by the Governor in Council under section 15, the waste management organization shall so report in its triennial report and shall, in that report, propose a new approach. New approach — technical innovation (2) If a new technological method is developed that has been the subject of a scientific and technical review by experts from international governmental organizations that deal with nuclear matters and has received their support, the waste management organization may propose, in its triennial report, a new approach for the management of nuclear fuel waste that is based on that new method. Current to June 20, 2022 Nuclear Fuel Waste Change in Approach Sections 20-22 Application of other provisions (3) Subsections 12(3) to (7) and sections 13 and 14 apply, with such modifications as the circumstances require, in respect of an approach proposed under subsection (1) or (2). The approach must be accompanied by the comments of the Advisory Council on that approach. Submission to Governor in Council (4) If the Minister is satisfied that the new approach referred to in subsection (1) or (2) is technically and economically feasible in Canada, the Minister shall submit the new approach to the Governor in Council. Decision of Governor in Council (5) The Governor in Council may, on the recommendation of the Minister, approve an approach proposed under subsection (1) or (2), in which case the decision of the Governor in Council shall be published in the Canada Gazette. Withdrawal by Beneficiary Withdrawals from trust funds 21 Notwithstanding subsection 11(1), the Governor in Council may, on the recommendation of the Minister, authorize a beneficiary of a trust fund to withdraw all or part of the balance in the trust fund if (a) the Governor in Council has approved an approach under subsection 20(5) and the total balance in the trust funds exceeds the estimated total cost of implementing that approach; or (b) the waste management organization has completed the implementation of an approach that the Governor in Council selected under section 15 or approved under subsection 20(5). Records, Books and Financial Statements Records and books to be kept 22 (1) The waste management organization, every nuclear energy corporation and Atomic Energy of Canada Limited, as well as every financial institution that holds a trust fund, shall keep, at its place of business in Canada, records, books of account and other documents for at least six years after the end of the fiscal year to which they relate, in such form and containing such information as will enable the verification of the accuracy and Current to June 20, 2022 Nuclear Fuel Waste Records, Books and Financial Statements Sections 22-25 completeness of the information that is required to be submitted or provided to the Minister under this Act. False entries, omissions (2) No person shall make a false entry, or fail to make an entry, in a record, book of account or other document required to be kept under subsection (1). WMO financial statements 23 (1) The waste management organization shall provide the Minister, within three months after the end of each fiscal year of the organization, with financial statements audited at its own expense by an independent auditor. Trust fund financial statements (2) Every financial institution that holds a trust fund shall provide the Minister and the waste management organization, within three months after the end of each fiscal year of the trust fund, with financial statements relating to that trust fund, audited at its own expense by an independent auditor. Documents To Be Made Public Documents to be made public 24 The waste management organization shall make available to the public (a) the study, reports and financial statements that it is required to submit to the Minister under this Act, simultaneously with submitting them to the Minister; and (b) financial statements provided to the waste management organization under subsection 23(2), as soon as practicable. Inspection of Records and Books Auditors 25 (1) The Minister may designate as an auditor for the purposes of this Act any person that the Minister considers to be qualified. Powers of auditors (2) For the purpose of ensuring compliance with this Act, an auditor may, during normal business hours, Current to June 20, 2022 Nuclear Fuel Waste Inspection of Records and Books Sections 25-27 (a) enter any premises of a body referred to in subsection 22(1), after having given reasonable advance notice to the person in charge of the premises; and (b) inspect, make copies of, and take extracts from, any records, books of account and other documents that the auditor believes on reasonable grounds are required by subsection 22(1) to be kept. Designation to be produced (3) An auditor shall, if so requested either before or after entering any premises under this section, produce to the person in charge of the premises evidence of the auditor’s designation by the Minister. Duty to assist auditor 26 (1) Every person shall give all reasonable assistance to an auditor. Prohibitions (2) No person shall obstruct or hinder an auditor, or make a false or misleading statement, either orally or in writing, or provide false or misleading information, to an auditor. Offences and Punishment Failure to deposit amounts 27 (1) If a nuclear energy corporation or Atomic Energy of Canada Limited fails to comply with subsection 10(5) or section 17, it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued. Court order (2) If a body is convicted under subsection (1), the court may, in addition to any punishment imposed under that subsection, order the body to deposit to its trust fund, on or before the date fixed by the court, the amount that it failed to deposit as required, plus interest on that amount at the prime rate plus two per cent calculated from the day on which the amount was required to have been deposited. Failure to comply with court order (3) If a body fails to comply with an order made under subsection (2), it is guilty of an offence punishable on summary conviction and liable to a fine equal to twenty per cent of the aggregate amount set out in that order. Current to June 20, 2022 Nuclear Fuel Waste Offences and Punishment Sections 28-29 Failure to submit study 28 (1) If the waste management organization fails to submit the study of its proposed approaches within the period set out in subsection 12(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 for each day on which the offence is committed or is continued. Failure to submit revised study, annual report (2) If the waste management organization fails to comply with a direction of the Minister made under subsection 14(2), or fails to submit the report of its activities within the period set out in subsection 16(1), it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000 for each day on which the offence is committed or is continued. Failure to submit revised annual report (3) If the waste management organization fails to comply with a direction of the Minister made under subsection 16(4), it is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 for each day on which the offence is committed or is continued. Withdrawals, making documents public (4) If the waste management organization withdraws moneys from a trust fund without the Minister’s approval where that approval is required under subsection 11(4), or fails to comply with section 24, it is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000. Auditors (5) Every person who contravenes section 26 is guilty of an offence and liable on summary conviction to a fine not exceeding $100,000. Other offences (6) Every person who contravenes any other provision of this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. Offence by employee or agent 29 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence. Current to June 20, 2022 Nuclear Fuel Waste Offences and Punishment Sections 30-32 Due diligence 30 No person shall be found guilty of an offence under this Act if it is established that the person exercised all due diligence to comply with this Act or to prevent the commission of the offence. Time limit for prosecution 31 Proceedings in respect of an offence under this Act may be instituted within but not later than two years after the time when the subject matter of the proceedings arose or the Minister became aware of the subject matter of the proceedings. Coming into Force Coming into force 32 This Act comes into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force November 15, 2002, see SI/2002-139.] Current to June 20, 2022

CONSOLIDATION National Battlefields at Quebec Act S.C. 1908, c. 57 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the National Battlefields at Quebec 1 Constitution of Commission Chairman Secretary Expenses of commission Powers as to battlefields Expropriation R.S., c. 143 Powers of commission Payment of $125,000 a year for four years authorized Appropriation of public lands 9.1 Trust account Approval of Parliament No expenditure without funds Approval of Governor in Council Annual statements Accounts and inspection Audit of accounts Commissioners and secretary not to be interested in contracts Celebration of tercentenary of founding of Quebec SCHEDULE Current to June 20, 2022 ii S.C. 1908, c. 57 An Act respecting the National Battlefields at Quebec [Assented to 17th March 1908] Preamble WHEREAS it is desirable in the public interest of Canada to acquire and preserve the great historic battlefields at Quebec, restoring so far as possible their principal features, so as to make them a Canadian National Park; Whereas considerable portions of these grounds are already vested in His Majesty for the military or other public purposes of Canada; Whereas it is anticipated that, in addition to the appropriation of public moneys of Canada hereby authorized, the various provincial governments, as well as municipal or other bodies, and many private individuals, will contribute generously to the aforesaid project; And whereas it is expedient to provide for the constitution of a commission for the acquisition, management and control, subject to the provisions of this Act, of the said battlefields and the moneys contributed for the said purposes; Therefore His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Constitution of Commission 1 (1) The Governor in Council may appoint seven Commissioners, who shall hold office during the pleasure of the Governor in Council, and who, with any additional Commissioners who may be appointed under the authority of this Act, shall be a body politic and corporate under the name of “The National Battlefields Commission”. Current to June 20, 2022 National Battlefields at Quebec Sections 1-6 Commissioners appointed by provincial governments (2) The Government of any province which contributes a sum not less than one hundred thousand dollars to the purposes of the commission shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government of the province. Other commissioners (3) If the Government of the United Kingdom, or of any self-governing colony of the Empire, contributes a sum not less than one hundred thousand dollars to the purposes of the commission, such Government shall be entitled to appoint a commissioner, and such commissioner shall hold office during the pleasure of the Government which appoints him. 1908, c. 57, s. 1; 1914, c. 46, s. 2. Chairman 2 The Governor in Council shall name one of the commissioners appointed by the Governor in Council to be chairman of the commission, and he shall hold office as such chairman during pleasure. Secretary 3 The Governor in Council shall appoint a competent person to be secretary of the commission, who shall hold office during pleasure, and receive such salary as is fixed by the Governor in Council and provided by Parliament. Expenses of commission 4 The commissioners, including the chairman, shall serve without remuneration, but shall be entitled to receive their actual disbursements for expenses necessarily incurred by them in the discharge of their powers or duties under this Act. Powers as to battlefields 5 The commission may purchase, acquire and hold the lands or immovable property in the city of Quebec, or in the vicinity thereof, where the great battles were fought, or which were occupied by the various commands of the respective armies upon the battlefields. Expropriation R.S., c. 143 6 (1) If the purchase of any land or immovable property, or of any interest therein, is authorized under the provisions of this Act, and the commission is unable to agree with the owner as to the purchase, acquisition or transfer thereof, or the price to be paid therefor, or if a person Current to June 20, 2022 National Battlefields at Quebec Sections 6-7 interested therein is incapable of making a deed or conveyance, or if for any other reason the commission deems it advisable to proceed compulsorily, proceedings may be taken under The Expropriation Act for the acquisition of the said land, immovable property, or interest therein and for the vesting of the title thereof in the commission; and in any such case, except as herein otherwise provided, all the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply, mutatis mutandis, to such lands or immovable property and to the acquisition thereof and to the determination of the compensation and damages. Plan and description (2) A plan and description purporting to be signed by the chairman and secretary of the commission shall have the same effect for the purposes of this Act as a plan and description signed by the Minister or deputy minister has under The Expropriation Act; and for all purposes of the proceedings authorized by this Act the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, be construed with the substitution of the commission for His Majesty, for the Crown and for the Minister. Information in Federal Court Proviso as to damages (3) In any case in which land or property is acquired, taken or injuriously affected under the authority of this Act, the Attorney General of Canada may cause an information in the name of His Majesty, upon the relation of the commission, to be exhibited in the Federal Court of Canada, and the provisions of The Expropriation Act shall, unless there is something repugnant in the subject or context, apply to such information and the proceedings thereunder in the same manner, mutatis mutandis, as they apply to the like informations and proceedings on behalf of His Majesty under the said Act: Provided that His Majesty shall not in any case be liable for any compensation, damages, costs or charges incurred in such proceedings, but the relators shall be subject to the payment of such compensation, damages, costs or charges as may be adjudged by the court. 1908, c. 57, s. 6; 1910, c. 41, s. 1; R.S., 1970, c. 10(2nd Supp.), s. 64. Powers of commission 7 The commission may, Current to June 20, 2022 National Battlefields at Quebec Sections 7-9.1 Expenditure of moneys (a) receive and expend any moneys, whether appropriated by Parliament or the legislatures or contributed by any municipal or other body or private individual, for the purposes authorized by this Act; Buildings, monuments, etc. (b) remove all buildings and other structures upon the lands taken or acquired, and erect a museum and such monuments and statues or other works as seem fitting or appropriate; and National park (c) lay out and construct on or through the said lands such avenues, drives or paths, gardens, squares or other works as are, in the opinion of the commission, desirable for the improvement of the grounds and the conversion thereof into a national park of a character to commemorate worthily the great events which happened there. Payment of $125,000 a year for four years authorized 8 (1) The Minister of Finance is hereby authorized to pay out of the Consolidated Revenue Fund of Canada to the Commission the sum of one hundred and twenty-five thousand dollars a year for a period not exceeding four years from the 1st day of April, 1954, to be expended by the Commission for the purposes and subject to the provisions of this Act. Payments quarterly in each year (2) The amount payable to the Commission under this section shall be paid in four equal quarterly instalments on the first day of April, July, October, and January, respectively, in each fiscal year but the first of such quarterly instalments shall be paid forthwith upon the commencement of this section. 1908, c. 57, s. 8; 1928, c. 36, s. 1; 1938, c. 23, s. 1; 1948, c. 62, s. 1; 1953-54, c. 17, s. 1. Appropriation of public lands 9 The Governor in Council is authorized to appropriate for the purposes of the commission all the lands or immovable property now vested in His Majesty for the military or other public purposes of Canada and forming part of the aforesaid battlefields. Trust account 9.1 There shall be established in the Consolidated Revenue Fund a special account to be known as the National Battlefields Trust Account to which shall be credited (a) all money received by the Commission by gift, bequest or otherwise, Current to June 20, 2022 National Battlefields at Quebec Sections 9.1-12 (b) all money received by the Commission as interest on any securities or as rent on any property acquired by the Commission by gift, bequest or otherwise, (c) all money received by the Commission from the sale of any real or personal property acquired by the Commission by gift, bequest or otherwise, and (d) an amount representing interest on the balance from time to time to the credit of the Account, at such rates and calculated in such manner as the Governor in Council prescribes, and to which shall be charged such amounts as are authorized by the Commission to be expended for the purpose for which such money or property was given, bequeathed or otherwise made available to the Commission. 1984, c. 31, s. 14. Approval of Parliament 10 No lands or immovable property shall be purchased or acquired by the Commission except with the previous approval of Parliament. 1908, c. 57, s. 10; 1914, c. 46, s. 3. No expenditure without funds Approval of Governor in Council 11 No expenditure shall be made and no liabilities shall be incurred by the Commission until funds sufficient to cover such expenditure or liabilities shall be at its disposal for the purposes of this Act, and the Commission shall, before entering upon any work of improvement or construction, or any other work involving the expenditure of money, upon the lands taken or acquired under the authority of this Act, cause to be prepared plans of the proposed works showing locations, and submit the said plans for the approval of the Governor in Council, and the Commission shall furnish such further descriptions or information to the Governor in Council as are required; and no such works shall be proceeded with until approved by the Governor in Council. 1908, c. 57, s. 11; 1914, c. 46, s. 3. Annual statements 12 The commission shall render to the Minister of Finance, on or before the first day of June in each year, detailed statements of all its receipts and expenditures up to the thirty-first day of March in that year; and copies of such statements shall be laid before Parliament by the Minister of Finance within the first fourteen days of the next following session. Current to June 20, 2022 National Battlefields at Quebec Sections 13-16 Accounts and inspection 13 The commission shall, whenever required by the Minister of Finance, render detailed accounts of its receipts and expenditures for such period or to such date as he names; and all books of account, records, bank books and papers of the commission shall at all times be open to the inspection of the Minister of Finance, or of any person authorized by him. Audit of accounts 14 All accounts, receipts and expenditures of the commission shall be subject to the audit of the Auditor General as in the case of public moneys, and subject to the provisions, so far as applicable, of The Consolidated Revenue and Audit Act. Commissioners and secretary not to be interested in contracts 15 No member of the commission shall have, nor shall the secretary have, any contract with the commission, or be pecuniarily interested, directly or indirectly, in any contract or work with regard to which any portion of the moneys at the credit of the commission is being or is to be expended. Celebration of tercentenary of founding of Quebec 16 Whereas the present year not only will, it is hoped, mark the setting apart of the battlefields as herein authorized, but is also the tercentenary of the founding of the city of Quebec and the establishment of French government and civilization upon the shores of the St. Lawrence by Samuel de Champlain, and it is desirable that these events be appropriately commemorated: Be it therefore enacted that the commission may, under the authority and direction of the Governor in Council, arrange for and carry out at a convenient time a celebration, in every respect worthy and fit, of the tercentenary of the founding of Quebec by Champlain, and the dedication of the battlefields to the general public purposes of Canada as provided by this Act; and that the commission may, subject to the sanction and approval of the Governor in Council, expend and lay out, for the purposes of the said celebration, such portion of the sum of three hundred thousand dollars hereinbefore appropriated as is authorized by the commission subject to such sanction and approval. Current to June 20, 2022 National Battlefields at Quebec RELATED PROVISIONS RELATED PROVISIONS — 1908, c. 58, s. 1 Power to acquire property 1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the lands and immovable property set forth and described in the schedule to this Act. — 1908, c. 58, Sch. SCHEDULE 1 A tract of land on the north side of the Ste. Foye road, belonging to the heirs Tourangeau and others, (site of the battle of Ste. Foye, — a part of which surrounds the lot of land upon which is erected a monument to the memory of General Lévis and General Murray, — “Monument des Braves”), and which is bounded as follows, viz.: In front to the south by the Ste. Foye road, in rear to the north by the brow of the hill (Cime du Cap), on one side towards the east by lot number twenty-five, belonging to I. A. Fortin, and on the other side towards the west by lot number twenty-eight, belonging to the representatives of the late J. W. Dunscomb. Which said tract of land was formerly known and distinguished as lot number twenty-six (26) upon the official cadastral plan for the Banlieue, parish of Notre Dame de Quebec, but which lot has since been subdivided, and the said tract of land is now known and distinguished by different numbers, all of which are subdivisions of the said original lot number twenty-six, together with and including all or any part of the said original lot number twenty-six, as the same is now laid out and shown on the plan of the subdivision of the said lot number twenty-six as streets or avenues, and including all or any dwelling houses or other buildings of any kind erected on the said tract of land. 2 A strip of land on the south side of the said Ste. Foye road, to be taken off the front or northerly end of lots numbers sixty-eight (68), seventy-five (75) and seventy-six (76) and seventy-nine (79) on the cadastral plan for the said Banlieue, parish of Notre Dame de Quebec, the said strip of land to be of such a depth as, when the same is added to the present width of the said Ste. Foye road, will make the said road seventy-five feet wide in that locality. 3 A strip of land on the east side of the Belvedere road, to be taken off the west side of the said lot number sixty-eight (68) above mentioned, and off the front or west end of lots numbers sixty-nine (69), seventy (70), seventy-one (71), seventy-two (72) and seventy-three (73) on the cadastral plan for the said Banlieue, parish of Notre Dame de Quebec, the said strip of land to be of such a depth as, when the same is added Current to June 20, 2022 National Battlefields at Quebec SCHEDULE to the present width of the said Belvedere road, will make the said road seventy-five feet wide from one end of the same to the other. 4 A strip of land on the north side of the St. Louis road (starting from the junction of the said Belvedere road and the said St. Louis road and running in a westerly direction) to be taken off the south side of lot number two hundred and twenty-six (226) — the front or south end of lot number two hundred and twenty (220) — and about one-third of the whole frontage or south end of lot number two hundred and eighteen (218) upon the cadastral plan for the Parish of St. Colomba de Sillery. The said strip of land to be of such a depth as, when the same is added to the present width of the said St. Louis road, will make the said road seventy-five feet wide in that locality, — with any houses or buildings to be found on the said strip of land. 5 A strip of land on the west side of “Gilmour’s Hill” (which leads from the St. Louis road to “Wolfe’s Cove”) starting from the junction of said “Gilmour’s Hill” with the said St. Louis road and running in a southerly and south easterly direction as far as the brow of the hill (Cime du Cap) — the said strip of land to be taken off the easterly side of lots numbers two hundred and fourteen (214) — two hundred and seventeen (217) and two hundred and twenty-eight (228), upon the cadastral plan for the said Parish of St. Colomba de Sillery. The said strip of land to be of such a depth as, when the same is added to the present width of “Gilmour’s Hill”, will make the said hill seventy-five feet wide in that locality, together with any houses or other buildings erected on the said strip of land. 6 A strip of land seventy-five feet in width by the whole length of the “Marchmont Property”, now the “Merici Convent” on the west side of the Plains of Abraham — which was formerly distinguished as lot number two hundred and twenty-seven (227) upon the cadastral plan for the said Parish of St. Colomba de Sillery but which is now subdivided into numerous lots, — the said strip of land to be taken as close as may be found to be practicable to the brow of the cliff (Cime du Cap) — and also the whole of the irregular tract of land which will lie between the said strip of land when laid out and the said brow of the hill or Cime du Cap. 7 A tract of land comprising several lots of land with houses and other buildings erected thereon in the neighbourhood of “Wolfe’s Monument”, to the east of the Plains of Abraham, which is bounded as follows: — In front towards the north by St. Louis street or La Grande Allée, in rear towards the south by Monument street (on which street Wolfe’s Monument is erected), on one side towards the east by lot number one hundred and fifty-three and on the other side towards the west by the Plains of Abraham, with the streets intersecting or adjoining same, namely: Wolfe street and Monument street, — the said tract of land comprising the lots numbers one hundred and fifty-two, one hundred and fiftyfour, one hundred and fifty-five, one hundred and fifty-six, one hundred and sixty-one, one hundred and sixty-one A, one hundred and sixty-one B, one hundred and sixty-two, one hundred and sixty-three, one hundred and sixty-three A, one hundred and sixty-three B, and one hundred and sixty-four (152, 154, 155, 156, 161, 161A, 161B, 162, 163, 163A, 163B, and 164), on the cadastral plan for the Banlieue Parish of Notre Dame de Quebec. Current to June 20, 2022 National Battlefields at Quebec SCHEDULE 8 A piece of land forming the southerly part of lot number four thousand four hundred and forty-one (4441) on the cadastral plan for Montcalm Ward of the city of Quebec, containing from five thousand to eight thousand feet in superficies, and a piece of land forming the southerly and south westerly part of lot number four thousand four hundred and forty-two (4442) on the said cadastral plan, containing from twelve thousand to fifteen thousand feet in superficies (said properties belonging to The Ladies Protestant Home of Quebec and the Heirs Lampson respectively). 9 The lot of land originally bearing the number four thousand four hundred and forty (4440) on the cadastral plan for Montcalm Ward of the city of Quebec, which is now subdivided into numerous lots, belonging to The Seminary of Quebec and commonly called “The Seminary Farm”, with the house and other buildings thereon erected. 10 A small piece of land forming the south-east corner of the property of The Church of England Female Orphan Asylum (which adjoins the said Seminary Farm). (Sgd.) E. G. MEREDITH, Notary Public. QUEBEC, July 15th, 1908. — 1911, c. 5, s. 1 Commission may purchase certain lands 1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely: (a) The tract of land on the south side of the street called “La Grande Allée”, in the city of Quebec, granted to “The Quebec Skating Club” in virtue of chapter 14 of the statutes of 1891, and fully described therein, with all the buildings erected thereon: (b) The parcels of land bearing numbers 96, 97, 98, 99 and 66 of the subdivision of cadastral lot number 4437 of Montcalm ward of the city of Quebec, including all or any dwelling houses, the tower commonly known as “Martello Tower number two”, or other buildings of any kind erected on these parcels of land: (c) The portions of the lots numbers four thousand four hundred and forty-one (4441) and four thousand four hundred and forty-two (4442) on the cadastral plan for Montcalm ward of the city of Quebec, comprised between the two pieces of land respectively forming part of these lots belonging to The Ladies Protestant Home of Quebec and the Heirs Lampson respectively and mentioned in article 8 of the Schedule to chapter 58 of the statutes of 1908, and a parallel to the northwest side of Tower street drawn across the said lots four thousand four hundred and forty-one and four thousand four hundred and forty-two, from the easternmost corner of lot number four thousand four hundred and forty-three of the cadastre of the Current to June 20, 2022 National Battlefields at Quebec SCHEDULE said Montcalm ward of the city of Quebec; and the buildings which may be erected thereon: (d) All the lots or parcels of land, portions of lots or parcels of land and projected streets — with any building which may be erected thereon — hereinafter mentioned in this paragraph and lying in the city of Quebec, outside or surrounding a certain tract of land upon which is erected the Quebec jail and its dependencies and which tract of land, also in the city of Quebec, reserved by the Government of the province of Quebec for the purposes of the Quebec jail, is bounded towards the northwest by a line — southeast of Monument Street — in the northeasterly prolongation of the northwest boundary of lots numbers one hundred and sixty — A (160 — A) and one hundred and sixty — B (160 — B) of the cadastre of the Banlieue, parish of Notre-Dame-de-Quebec, towards the southeast by a line parallel to the lower or rear wall of the jail yard and one hundred and fifty feet distant — to the southeast — from the end towers of this wall, towards the northeast by the northeast side of the passage or street along the northeast wall of said jail yard and the fence in prolongation of same, and towards the southwest by a line parallel to the north-easternmost boundary of the Plains of Abraham and at a distance of one hundred and ten feet to the northeast therefrom, and covers a superficial area of three hundred and forty-two thousand nine hundred and fifty square feet more or less, English measure: — the northeast part of lot number four thousand four hundred and forty-seven (4447) bounded towards the southwest by the said tract of land reserved for the purposes of the Quebec jail, lot number four thousand four hundred and fortyeight (4448), those portions of lots numbers four thousand four hundred and forty-nine (4449) and four thousand four hundred and fifty (4450) which lie outside of the said tract of land reserved for the purposes of the Quebec jail; lots numbers four thousand four hundred and fifty-one (4451), four thousand four hundred and fifty-two (4452), four thousand four hundred and fifty-three (4453), four thousand four hundred and fifty-four (4454), four thousand four hundred and fifty-five (4455), four thousand four hundred and fiftysix (4456), four thousand four hundred and fifty-seven (4457), four thousand four hundred and fifty-eight (4458), four thousand four hundred and fifty-nine (4459), four thousand four hundred and sixty (4460), four thousand four hundred and sixty-one (4461), four thousand four hundred and sixty-two (4462), four thousand four hundred and sixty-three (4463), four thousand four hundred and sixty-four (4464), four thousand four hundred and sixty-five (4465), four thousand four hundred and sixty-six (4466), four thousand four hundred and sixty-seven (4467), four thousand four hundred and sixty-eight (4468), four thousand four hundred and sixty-nine (4469) and four thousand four hundred and seventy (4470) of the cadastre of Montcalm ward of the city of Quebec — and also all the intervening projected streets shown on Current to June 20, 2022 National Battlefields at Quebec SCHEDULE the cadastral plan of the said Montcalm ward of the city of Quebec, mentioned in the descriptions of these lots contained in the book of reference of said cadastre and lying outside of the aforesaid tract of land reserved by the Government of the province of Quebec for the purposes of the Quebec jail: — also the portion of lot number one hundred and sixty (160) lying partly to the northwest and partly to the southwest of the aforesaid tract of land reserved for the purposes of the Quebec jail, the portion of lot number one hundred and fifty-nine (159) lying to the southwest of the same tract of land, the portion of lot number one hundred and sixty-six (166) lying partly to the southwest and partly to the southeast of the same tract of land, said lots numbers one hundred and sixty — A and one hundred and sixty — B (160 — A and 160 — B) and the portions of the two projected streets respectively to the northwest (Tower street) and to the southeast (street unnamed) of the aforesaid portion of lot number one hundred and fifty-nine, all the cadastre of the Banlieue, parish of Notre-Dame-de-Quebec: (e) The lots or parcels of land situated in the vicinity of “Martello Tower, number four”, in the city of Quebec, and bearing respectively numbers one hundred and eighty-eight (188), one hundred and eighty-nine (189) and one hundred and ninety-one (191) of the subdivisions of lot number three thousand seven hundred and fifty-five (3755) of the cadastre of St. John’s ward of the said city of Quebec. — 1911, c. 5, s. 2, as amended by 1925, c. 47, s. 2 As to rents, dues, etc. 2 The National Battlefields Commission may, subject to the approval of the Governor in Council, pay or redeem all rents, ground rents or other dues affecting all or any property or properties heretofore or hereafter purchased, acquired or held by it or gratuitously ceded and transferred to it for the purposes of the National Battlefields at Quebec. — 1911, c. 5, s. 3 Advance to town of Montcalm to acquire certain lands 3 The National Battlefields Commission may, subject to the approval of the Governor in Council, advance, out of the National Battlefields fund, a sum of money not to exceed fifteen thousand dollars to the municipality of the town of Montcalm or its successors, in order to enable the said municipality to purchase certain lands necessary for the Quebec Battlefields Park, that is to say for the opening of an avenue between St. Louis Road and Ste. Foye Road, in line with the “Monument des Braves”, in the town of Montcalm, which lands are to be, after their Current to June 20, 2022 National Battlefields at Quebec SCHEDULE purchase by the said municipality, gratuitously ceded and transferred to the said Commission; the sum so advanced by the said Commission to be repaid to the latter by the said municipality or its successors in annual consecutive instalments bearing interest at the rate of three per cent per annum, the term over which the instalments may be spread not to exceed thirty years. — 1914, c. 46, s. 4, as amended by 1992, c. 47, s. 80. 1, as enacted by 1996, c. 7, s. 41 By-laws 4 The Commission may make by-laws for: (a) the direction, conduct and management of the Commission and its property, real and personal; (b) the time and place for holding meetings of the Commission, the calling of meetings, the quorum thereat, and the procedure at such meetings; (c) the appointment, control, duties and removal of all officers, guardians, agents, technical and professional advisers, and employees of the Commission, and their remuneration; (d) the maintenance, preservation, and protection of the lands, works and other property belonging to the Commission or under its jurisdiction, control or care, and the access of the public thereto; (e) the prevention of injury to or encroachments upon the property of the Commission. Offence and punishment 2 Every person who contravenes a by-law made under this section is liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for six months, or to both. Confirmation of by-laws 3 No by-law shall have force or effect until confirmed by the Governor in Council and published in The Canada Gazette, and upon such confirmation and publication any bylaw made in accordance with this Act shall have the same force and effect as if enacted in this Act. — 1925, c. 47, s. 1 Commission may purchase certain lands 1 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, Current to June 20, 2022 National Battlefields at Quebec SCHEDULE acquire and hold the whole or part of the lands and immovable properties hereinafter described, namely: (a) The whole of “Gilmour’s Hill” (which leads from St. Louis road to Wolfe’s Cove). (b) A parcel of land covering about 10,000 square feet to be taken from lot number two hundred and twentyeight (228) upon the cadastral plan for the Parish of St-Colomban-de-Sillery, in the immediate vicinity of said Gilmour’s Hill. (c) All the portions of the “Marchmont Property”, now the “Merici Convent”, distinguished as lot number two hundred and twenty-seven (227) upon the cadastral plan of the said Parish of St-Colomban-de-Sillery, which are below the brow or the cliff (cime du cap). (d) The whole or portions of lots bearing numbers two hundred and twenty-nine (229), two hundred and thirty (230) and two hundred and thirty-one (231) upon the cadastral plan of the said Parish of St-Colombande-Sillery. (e) All the buildings erected on the lands or immovable property mentioned in this Act. — 1948, c. 62, s. 2 Acquisition of certain lands authorized 2 The National Battlefields Commission may, subject to the approval of the Governor in Council, purchase, acquire, and hold the whole or part of the lands and immovable property hereinafter described, namely: A tract of land being part of lot No. 232 of the official cadastre of the parish of St. Colomb de Sillery, County of Quebec, situate at the foot of Gilmour Hill and located between the new Champlain road and the old Champlain road, containing in area 47,750 square feet, more or less, more particularly described as follows: Commencing at the point of intersection of the Southerly side of the old Champlain road with the line parallel to and thirty-five feet (35’) distant, North Westerly, from the centre line of the new Champlain road, the said point of intersection being hereinafter referred to as point A; thence in a South Westerly direction along a straight line, distant twenty feet (20’) and parallel to the edge of the pavement of the new Champlain road, a distance of three hundred and forty feet (340’) more or less, to a point hereinafter referred to as point B; thence in a South Easterly direction along a straight line at right angle with the preceding line a distance of seventeen feet (17’), more or less; thence in a South Westerly direction along a straight line, in the same direction as the line joining points A and B hereinbefore mentioned, a distance of one hundred and forty feet, (140’) more or less; thence in a South Westerly direction along a straight line making a deflection angle of 20° 45’ to the left with the preceding line a distance of ninety feet (90’), more or less; thence in a Southerly direction along a straight line parallel to and distant twenty feet (20’) Current to June 20, 2022 National Battlefields at Quebec SCHEDULE Westerly from the Western edge of pavement of the new Champlain road, a distance of two hundred and twenty feet (220’), more or less, to the Eastern side of the old Champlain road; thence in a general North Easterly direction along the said Eastern side and Southern side of the said old Champlain road to the point of commencement. A tract of land being part of the old Champlain road in the parish of St. Colomb de Sillery, County of Quebec, containing in area 14,100 square feet, more or less, and more particularly described as follows: Commencing at the intersection of the old Champlain road with the new Champlain road and running in a general North Easterly direction to its intersection with the new Champlain road, bounded towards the North by lot No. 230, towards its North Eastern extremity by the new Champlain road, towards the South, the South East and the East by lot No. 232, towards its South Western extremity by the new Champlain road and towards the West by lot No. 231 and towards the North West by lot No. 231, the creek St. Denis, lot No. 229, the Gilmour Hill and lot No. 230. Current to June 20, 2022

CONSOLIDATION National Arts Centre Act R.S.C., 1985, c. N-3 Current to June 20, 2022 Last amended on December 12, 2006 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 12, 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 December 12, 2006 TABLE OF PROVISIONS An Act to establish a corporation for the administration of the National Arts Centre Short Title 1 Short title Interpretation 2 Definitions Corporation Established 3 Corporation continued Members of the Board 4 Appointment of Chairperson and Vice-Chairperson Remuneration President 6 President of the Centre President chief executive officer Officers and Employees 8 Staff Objects and Powers of the Corporation 9 Objects of Corporation Powers of Corporation By-laws General 12 Head office Superannuation Not agent of Her Majesty or part of federal public administration Corporation deemed registered charity Audit 16 Audit Current to June 20, 2022 Last amended on December 12, 2006 ii National Arts Centre TABLE OF PROVISIONS Report to Parliament 17 Annual report Current to June 20, 2022 Last amended on December 12, 2006 iv R.S.C., 1985, c. N-3 An Act to establish a corporation for the administration of the National Arts Centre Short Title Short title 1 This Act may be cited as the National Arts Centre Act. R.S., c. N-2, s. 1. Interpretation Definitions 2 In this Act, Board means the Board of Trustees of the Corporation; (conseil) Centre means the National Arts Centre located in the city of Ottawa; (Centre) Corporation means the National Arts Centre Corporation continued by section 3; (Société) Director [Repealed, 2001, c. 34, s. 54] Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) President means the President of the Centre appointed under subsection 6(1); (président) performing arts means the arts of the theatre and the concert hall, including the creating, staging and performing of drama, music and the dance. (arts d’interprétation) R.S., 1985, c. N-3, s. 2; 2001, c. 34, s. 54; 2006, c. 9, s. 280. Current to June 20, 2022 Last amended on December 12, 2006 National Arts Centre Corporation Established Sections 3-5 Corporation Established Corporation continued 3 The National Arts Centre Corporation is continued as a corporation consisting of a Board of Trustees composed of a Chairperson, a Vice-Chairperson, the mayors of the cities of Ottawa and Gatineau and six other members to be appointed as provided in subsection 4(2). R.S., 1985, c. N-3, s. 3; 1995, c. 29, s. 51; 2006, c. 9, s. 281. Members of the Board Appointment of Chairperson and Vice-Chairperson 4 (1) The Chairperson and Vice-Chairperson of the Board shall be appointed by the Governor in Council for such terms, not exceeding four years each, as are fixed by the Governor in Council. Appointment of other members (2) Each of the members of the Board, other than the Chairperson and Vice-Chairperson and the mayors referred to in section 3, shall be appointed by the Governor in Council for a term not exceeding four years. Eligibility for re-appointment (3) A person who has served two consecutive terms as Chairperson of the Board, as Vice-Chairperson thereof or as a member appointed under subsection (2) is not, during the twelve months following the completion of the second term, eligible to be re-appointed to the Board in the capacity in which that person served. Vacancy in membership (4) A vacancy in the membership of the Board does not impair the right of the remaining members to act. R.S., 1985, c. N-3, s. 4; 1995, c. 29, ss. 52, 53(E); 2006, c. 9, s. 282. Remuneration 5 (1) Each member of the Board, other than a member who is in receipt of a salary fixed by the Governor in Council, shall be paid by the Corporation, for each day the member attends any meeting of the Board or of any committee of the Board, such remuneration as is fixed by by-law of the Board. Expenses (2) Each member of the Board is entitled to be paid by the Corporation such travel and living expenses incurred by the member in connection with the performance of his duties as are fixed by by-law of the Board. R.S., c. N-2, s. 5. Current to June 20, 2022 Last amended on December 12, 2006 National Arts Centre President Sections 6-9 President President of the Centre 6 (1) There shall be a President of the Centre to be appointed by the Board to hold office for a term not exceeding five years. Re-appointment (2) A person appointed as President is eligible for re-appointment. Salary (3) The President shall be paid by the Corporation such salary as is fixed by the Governor in Council. R.S., 1985, c. N-3, s. 6; 2001, c. 34, s. 55. President chief executive officer 7 (1) The President is the chief executive officer of the Corporation and has supervision over and direction of the work and staff of the Corporation. Acting President (2) If the President is absent or unable to perform the duties of the office of President or that office is vacant, the Board may authorize an officer of the Corporation to act as President. R.S., 1985, c. N-3, s. 7; 2001, c. 34, ss. 55, 56(F). Officers and Employees Staff 8 The Corporation may employ such officers and employees and such technical and professional advisers as the Corporation considers necessary for the proper conduct of its activities, at such remuneration and on such other terms and conditions as it deems fit. R.S., c. N-2, s. 8. Objects and Powers of the Corporation Objects of Corporation 9 (1) The objects of the Corporation are to operate and maintain the Centre, to develop the performing arts in the National Capital Region described in the schedule to the National Capital Act and to assist the Canada Council for the Arts in the development of the performing arts elsewhere in Canada. Current to June 20, 2022 Last amended on December 12, 2006 National Arts Centre Objects and Powers of the Corporation Sections 9-10 Idem (2) In furtherance of its objects, but without limiting the generality of subsection (1), the Corporation may (a) arrange for and sponsor performing arts activities at the Centre; (b) encourage and assist in the development of performing arts companies resident at the Centre; (c) arrange for or sponsor radio and television broadcasts from the Centre and the showing of films in the Centre; (d) provide accommodation at the Centre, on such terms and conditions as the Corporation may fix, for national and local organizations the objects of which include the development and encouragement of the performing arts in Canada; and (e) at the request of the Government of Canada or the Canada Council for the Arts, arrange for performances elsewhere in Canada by performing arts companies, whether resident or non-resident in Canada, and arrange for performances outside Canada by performing arts companies resident in Canada. R.S., 1985, c. N-3, s. 9; 2001, c. 34, s. 16. Powers of Corporation 10 In carrying out its objects under this Act, the Corporation may (a) acquire real, personal, movable and immovable property, including securities, and hold, manage or dispose of them as the Corporation may determine; (a.1) lease as lessee real, personal, movable and immovable property; (b) acquire by gift, bequest or devise real, personal, movable and immovable property and, despite anything in this Act, expend, administer or dispose of any such property, subject to the terms, if any, on which it was given, bequeathed or devised to the Corporation; (c) operate restaurants, lounges, parking facilities, shops and other facilities in the Centre, for the use of the public, and lease or otherwise make available, on such terms and conditions as the Corporation sees fit, any such facilities or space therefor; (d) expend any moneys appropriated by Parliament for the purposes of the Corporation or received by the Current to June 20, 2022 Last amended on December 12, 2006 National Arts Centre Objects and Powers of the Corporation Sections 10-13 Corporation from its operation of the Centre, including any moneys received by it from leasing or otherwise making available any facilities or space referred to in paragraph (c); and (e) generally, do and authorize such things as the Corporation may deem necessary for the attainment of the objects and the exercise of the powers of the Corporation. R.S., 1985, c. N-3, s. 10; 2001, c. 4, s. 101; 2004, c. 25, s. 146(F). By-laws 11 The Board may make by-laws (a) for the regulation of its proceedings, including the establishment of special and standing committees of the Board, the delegation to those committees of any of its duties and the fixing of quorums for meetings of the Board or of those committees; (b) for the establishment of advisory committees consisting of members of the Board and persons other than members thereof; (c) subject to the approval of the Minister, fixing the remuneration and travel and living expenses to be paid to members of the Board as provided in this Act; and (d) generally, for the conduct and management of its activities. R.S., c. N-2, s. 11. General Head office 12 The head office of the Corporation shall be at the city of Ottawa. R.S., c. N-2, s. 12. Superannuation 13 (1) The President and the officers and employees of the Corporation shall be deemed to be employed in the public service for the purposes of the Public Service Superannuation Act and the Corporation shall be deemed to be a Public Service corporation for the purposes of section 37 of that Act. Current to June 20, 2022 Last amended on December 12, 2006 National Arts Centre General Sections 13-17 Compensation (2) For the purposes of the Government Employees Compensation Act and any regulation made pursuant to section 9 of the Aeronautics Act, the President and the officers and employees of the Corporation shall be deemed to be employees in the federal public administration. R.S., 1985, c. N-3, s. 13; 2001, c. 34, s. 55; 2003, c. 22, ss. 224(E), 225(E). Not agent of Her Majesty or part of federal public administration 14 The Corporation is not an agent of Her Majesty and, except as provided in section 13, the President and the officers and employees of the Corporation are not part of the federal public administration. R.S., 1985, c. N-3, s. 14; 2001, c. 34, s. 55; 2003, c. 22, s. 224(E). Corporation deemed registered charity 15 The Corporation shall, for the purposes of the Income Tax Act, be deemed to be a registered charity within the meaning of that expression for the purposes of that Act. R.S., 1985, c. N-3, s. 15; 1999, c. 31, s. 246(F). Audit Audit 16 The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General of Canada and a report of the audit shall be made to the Chairperson of the Board. R.S., 1985, c. N-3, s. 16; 1995, c. 29, s. 53(E). Report to Parliament Annual report 17 (1) The Chairperson of the Board shall, within three months after the termination of each fiscal year, submit to the Minister a report of all proceedings under this Act for that fiscal year, including the financial statement of the Corporation and the report thereon of the Auditor General of Canada. Tabling report (2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., 1985, c. N-3, s. 17; 1995, c. 29, s. 53(E). Current to June 20, 2022 Last amended on December 12, 2006

CONSOLIDATION National Acadian Day Act S.C. 2003, c. 11 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a National Acadian Day Short title Definition National Acadian Day Current to June 20, 2022 ii S.C. 2003, c. 11 An Act respecting a National Acadian Day [Assented to 19th June 2003] Preamble WHEREAS Acadians, in view of their origin, history and development, constitute the first permanent settlement from France in Canada and now reside in most of the provinces and territories of Canada; WHEREAS the Acadian people have contributed, for nearly 400 years, to the economic, cultural and social vitality of Canada; WHEREAS August 15 has been, since 1881, the day on which Acadians celebrate National Acadian Day; WHEREAS the Acadian people’s identity is defined by their language, their culture and their customs; WHEREAS it is in the interest of all Canadians to be able to share in the rich historical and cultural heritage of Acadians and to become more familiar with all its aspects, both traditional and contemporary; AND WHEREAS it is important to encourage Acadians to be proud of their heritage; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the National Acadian Day Act. Current to June 20, 2022 National Acadian Day Sections 2-3 Definition 2 In this Act, National means that it relates to all Canadians throughout Canada. National Acadian Day 3 Throughout Canada, in each and every year, the 15th day of August shall be known under the name of “National Acadian Day”. Current to June 20, 2022

CONSOLIDATION National Blood Donor Week Act S.C. 2008, c. 4 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a National Blood Donor Week Short Title 1 Short title National Blood Donor Week 2 National Blood Donor Week Current to June 20, 2022 ii S.C. 2008, c. 4 An Act respecting a National Blood Donor Week [Assented to 14th February 2008] Preamble WHEREAS the blood supply in Canada is managed by two not-for-profit organizations — Héma-Québec and Canadian Blood Services; WHEREAS Canada has one of the safest blood systems in the world; WHEREAS over half of Canadians will require blood or blood products for themselves or a family member during their lifetime; WHEREAS less than four per cent of eligible Canadians donate blood every year; WHEREAS more blood donors are needed in Canada to meet the demand for blood and blood products; WHEREAS blood donation includes not only the gift of whole blood, but gifts of plasma, platelets and bone marrow as well; WHEREAS every blood donation has the power to save the lives of up to three people; WHEREAS a greater awareness of the importance of becoming a blood donor is required to engage more Canadians in helping their fellow citizens; WHEREAS blood donors are volunteers who are not remunerated, and therefore the act of donating blood and blood products is a genuine act of altruism; WHEREAS blood donors in Canada are the lifeblood of their communities, and their acts of kindness and generosity should be honoured with a national week of celebration; WHEREAS the World Health Organization (WHO) has declared June 14 of every year as “World Blood Current to June 20, 2022 National Blood Donor Week Short Title Sections 1-2 Donor Day”, a day to honour those who give the gift of life; AND WHEREAS, throughout the world, 192 WHO Member States, 181 National Red Cross and Red Crescent Societies, and 50 national voluntary blood donor organizations and blood transfusion specialists have agreed to support World Blood Donor Day each year; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Blood Donor Week Act. National Blood Donor Week National Blood Donor Week 2 Throughout Canada, in each and every year, the week in which June 14 occurs shall be known as “National Blood Donor Week”. Current to June 20, 2022

CONSOLIDATION Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act S.C. 2005, c. 30, s. 85 NOTE [Enacted by section 85 of chapter 30 of the Statutes of Canada, 2005, in force on assent June 29, 2005.] Current to June 20, 2022 Last amended on June 29, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 29, 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 29, 2021 TABLE OF PROVISIONS An Act respecting additional fiscal equalization offset payments for Nova Scotia and Newfoundland and Labrador relating to revenues from offshore petroleum resources Short Title 1 Short title Interpretation 2 Definitions Purpose 3 Purpose of the Act PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia 4 Definitions Payment of $830 million Additional fiscal equalization offset payment of $30.5 million Additional fiscal equalization offset payments for the 2006-2012 period Calculation of payments Restriction Restriction Additional fiscal equalization offset payments for the 2012-2020 period Restriction Transitional payments for the 2012-2020 period Review of the Canada–Nova Scotia Arrangement Discussions Determination Current to June 20, 2022 Last amended on June 29, 2021 ii Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments TABLE OF PROVISIONS PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador 18 Definitions Payment of $2 billion Additional fiscal equalization offset payment of $133.6 million Additional fiscal equalization offset payment for the 2006-2012 period Calculation of payments Restriction Restriction Additional fiscal equalization offset payments for the 2012-2020 period Restriction Transitional payments for the 2012-2020 period Review of the Canada–Newfoundland and Labrador Arrangement Discussions Determination PART 3 General Provisions 32 Appropriation Regulations Current to June 20, 2022 Last amended on June 29, 2021 iv S.C. 2005, c. 30, s. 85 An Act respecting additional fiscal equalization offset payments for Nova Scotia and Newfoundland and Labrador relating to revenues from offshore petroleum resources [Assented to 29th June 2005] Short Title Short title 1 This Act may be cited as the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act. Interpretation Definitions 2 The following definitions apply in this Act. Canada–Newfoundland and Labrador Arrangement means the Arrangement between the Government of Canada and the Government of Newfoundland and Labrador on Offshore Revenues signed on February 14, 2005. (Entente Canada – Terre-Neuve-et- Labrador) Canada–Nova Scotia Arrangement means the Arrangement between the Government of Canada and the Government of Nova Scotia on Offshore Revenues signed on February 14, 2005. (Entente Canada – NouvelleÉcosse) Minister means the Minister of Finance. (ministre) Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Purpose Sections 3-4 Purpose Purpose of the Act 3 The purpose of this Act is to implement the Canada–Newfoundland and Labrador Arrangement and the Canada–Nova Scotia Arrangement. PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia Definitions 4 The following definitions apply in this Part. additional fiscal equalization offset payment means the payment that may be made under section 6, 7 or 12. (paiement de péréquation compensatoire supplémentaire) fiscal equalization offset payment [Repealed, 2015, c. 4, s. 110] fiscal equalization payment means (a) for the purposes of section 8, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord-ance with section 3.2 of the Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and (b) for the purposes of sections 10 to 12, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the FederalProvincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula A + B + (C / F) where A, B, C and F have the same meaning as in the definition total per capita fiscal capacity in subsection 3.5(1) of that Act. (paiement de péréquation) offshore revenue in respect of any fiscal year means the aggregate of the following amounts paid to the Province for that fiscal year: Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia Sections 4-7 (a) amounts paid under paragraph 219(2)(b) of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation Act; (b) amounts paid with respect to the portion of tax under subsection 165(2) and sections 218.1, 220.05, 220.06 and 220.08 of the Excise Tax Act that is attributable to offshore activity in the Nova Scotia offshore area, within the meaning of subsection 123(1) of that Act; and (c) amounts paid with respect to tax that would be payable under Part III of the Income Tax Act (Nova Scotia), R.S.N.S. 1989, c. 217, as amended from time to time, on taxable capital of a corporation employed in the offshore area within the meaning of section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation Act if that area were in the land portion of the Province, unless those amounts have been included in paragraph (a). (recettes extracôtières) petroleum has the same meaning as in section 2 of the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation Act. (hydrocarbures) Province means the Province of Nova Scotia. (Version anglaise seulement) 2005, c. 30, s. 85 “4”; 2007, c. 29, s. 81; 2015, c. 4, s. 110. Payment of $830 million 5 The Minister shall make a payment to the Province in the amount of $830 million, to allow the Province to reduce its outstanding debt. Additional fiscal equalization offset payment of $30.5 million 6 (1) For the 2004-2005 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $30.5 million. Additional fiscal equalization offset payment of $26.6 million (2) For the 2005-2006 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $26.6 million. Additional fiscal equalization offset payments for the 2006-2012 period 7 For each fiscal year between April 1, 2006 and March 31, 2012, the Minister shall make an additional fiscal Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia Sections 7-12 equalization offset payment to the Province calculated in accordance with section 8. Calculation of payments 8 The additional fiscal equalization offset payment that shall be made to the Province for a fiscal year corresponds to the amount determined by the Minister in accordance with the formula A–B where A is the fiscal equalization payment that may be made to the Province for the fiscal year under the equalization formula in effect at that time, calculated as if the Province did not have any offshore revenue or petroleum production; and B is the fiscal equalization payment that may be made to the Province for that fiscal year under the equalization formula in effect at that time. 2005, c. 30, s. 85 “8”; 2015, c. 4, s. 111. Restriction 9 Despite any other provision of this Act, no payment shall be made under sections 6 to 8 except to the extent that the aggregate of the payments determined under those sections for the fiscal year and the preceding applicable fiscal years exceeds $830 million. Restriction 10 For any given fiscal year between April 1, 2006 and March 31, 2012, the Province will not receive the additional fiscal equalization offset payment provided for in section 7 if it does not receive a fiscal equalization payment for that fiscal year. 11 [Repealed, 2015, c. 4, s. 112] Additional fiscal equalization offset payments for the 2012-2020 period 12 (1) For any fiscal year between April 1, 2012 and March 31, 2020, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 8 if (a) the Province qualified for a fiscal equalization payment in the 2010-2011 or 2011-2012 fiscal year; (b) the Province’s per capita net debt as of March 31, 2012 was not lower than that of at least four other provinces; and (c) the Province receives a fiscal equalization payment for that fiscal year. Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia Sections 12-14 Determination of per capita net debt (2) For the purpose of paragraph (1)(b), “per capita net debt” for a province as of March 31, 2012 means the amount determined by the Minister in accordance with the regulations. Additional fiscal equalization offset payment for 2020–2021 (3) For the 2020-2021 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $85,626,000. Extension of Canada–Nova Scotia Arrangement for 2021–2023 (4) For any fiscal year between April 1, 2021 and March 31, 2023, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 8, if the Province receives a fiscal equalization payment for that fiscal year. 2005, c. 30, s. 85 “12”; 2021, c. 23, s. 201. Restriction 13 For greater certainty, if the Province does not meet the conditions set out in paragraphs 12(1)(a) and (b), it will not receive the additional fiscal equalization offset payment provided for in section 12 for any of the fiscal years between April 1, 2012 and March 31, 2020. Transitional payments for the 2012-2020 period 14 (1) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment but it received an additional fiscal equalization offset payment for the previous fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to two thirds of the additional fiscal equalization offset payment it received for the previous fiscal year. Transitional payments for the 2012-2020 period (2) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment and did not receive an additional fiscal equalization offset payment for the previous fiscal year, but received an additional fiscal equalization offset payment for the fiscal year two years before that fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to one third of the additional fiscal equalization offset payment it Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 1 Additional Fiscal Equalization Offset Payments for Nova Scotia Sections 14-18 received for the fiscal year two years before that fiscal year. Review of the Canada–Nova Scotia Arrangement 15 On or before March 31, 2019, the Minister, on behalf of the Government of Canada, and the minister designated by the Province for the purpose will review the Canada–Nova Scotia Arrangement in accordance with clause 8 of that Arrangement. Discussions 16 The Government of Canada shall enter into discussions with the Province if requested to do so by the Province under the terms of clause 9 of the Canada–Nova Scotia Arrangement. Determination 17 A determination, for any fiscal year, of the additional fiscal equalization offset payment for the Province and for any other calculation that is necessary for the purposes of this Part shall be made by the Minister at the same time as the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province is made for that fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act. PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Definitions 18 The following definitions apply in this Part. additional fiscal equalization offset payment means the payment that may be made under section 20, 21 or 26. (paiement de péréquation compensatoire supplémentaire) fiscal equalization offset payment [Repealed, 2015, c. 4, s. 113] fiscal equalization payment means (a) for the purposes of section 22, the fiscal equalization payment that would be received by the Province for a fiscal year if the amount of that payment were determined in accord- ance with section 3.2 of the Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Sections 18-20 Federal-Provincial Fiscal Arrangements Act, without regard to section 3.4 of that Act; and (b) for the purposes of sections 24 to 26, the fiscal equalization payment that would be received by the Province for a fiscal year under Part I of the FederalProvincial Fiscal Arrangements Act if the Province’s total per capita fiscal capacity were the amount determined by the formula A + B + (C / F) where A, B, C and F have the same meaning as in the definition total per capita fiscal capacity in subsection 3.5(1) of that Act. (paiement de péréquation) offshore revenue, in respect of any fiscal year, means the aggregate of the following amounts paid to the Province for that fiscal year: (a) amounts paid under paragraph 214(2)(b) of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act; (b) amounts paid with respect to the portion of tax under subsection 165(2) and sections 218.1, 220.05, 220.06 and 220.08 of the Excise Tax Act that is attributable to offshore activity in the Newfoundland offshore area, within the meaning of subsection 123(1) of that Act; and (c) the royalties paid under the Hibernia Development Project Royalty Agreement signed on September 1, 1990, as amended from time to time. (recettes extracôtières) petroleum has the same meaning as in section 2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act. (hydrocarbures) Province means the Province of Newfoundland and Labrador. (Version anglaise seulement) 2005, c. 30, s. 85 “18”; 2007, c. 29, s. 82; 2014, c. 13, s. 115; 2015, c. 4, s. 113. Payment of $2 billion 19 The Minister shall make a payment to the Province in the amount of $2 billion to allow the Province to reduce its outstanding debt. Additional fiscal equalization offset payment of $133.6 million 20 (1) For the 2004-2005 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $133.6 million. Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Sections 20-25 Additional fiscal equalization offset payment of $188.7 million (2) For the 2005-2006 fiscal year, the Minister shall make an additional fiscal equalization offset payment to the Province in the amount of $188.7 million. Additional fiscal equalization offset payment for the 2006-2012 period 21 For each fiscal year between April 1, 2006 and March 31, 2012, the Minister shall make an additional fiscal equalization offset payment to the Province calculated in accordance with section 22. Calculation of payments 22 The additional fiscal equalization offset payment that shall be made to the Province for a fiscal year corresponds to the amount determined by the Minister in accordance with the formula A–B where A is the fiscal equalization payment that may be made to the Province for the fiscal year under the equalization formula in effect at that time, calculated as if the Province did not have any offshore revenue or petroleum production; and B is the fiscal equalization payment to the Province for that fiscal year under the equalization formula in effect at that time. 2005, c. 30, s. 85 “22”; 2015, c. 4, s. 114. Restriction 23 Despite any other provision of this Act, no payment shall be made under sections 20 to 22 by the Minister to the Province except to the extent that the aggregate of the payments determined under those sections for the fiscal year and the preceding applicable fiscal years exceeds $2 billion. Restriction 24 For any given fiscal year between April 1, 2006 and March 31, 2012, the Province will not receive the additional fiscal equalization offset payment provided for in section 21 if it does not receive a fiscal equalization payment for that fiscal year. 25 [Repealed, 2015, c. 4, s. 115] Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Section 26 Additional fiscal equalization offset payments for the 2012-2020 period 26 (1) For any fiscal year between April 1, 2012 and March 31, 2020, the Minister shall make additional fiscal equalization offset payments to the Province, determined in accordance with the formula set out in section 22, if (a) the Province qualified for a fiscal equalization payment in either of the 2010-2011 or 2011-2012 fiscal years; (b) the Province’s per capita debt servicing charges as of March 31, 2012 were not lower than those of at least four other provinces; and (c) the Province receives a fiscal equalization payment for that fiscal year. Determination of per capita debt servicing charge (2) For the purpose of paragraph (1)(b), “per capita debt servicing charges” as of March 31, 2012, means the amount determined by the Minister in accordance with the formula (A - B - C + D) / E where A is the total of a province’s debt servicing charges for the 2011-2012 fiscal year, based on figures published in the fully consolidated audited financial statements presented on a full accrual basis of accounting in the province’s Public Accounts for the 2011-2012 fiscal year, with any necessary adjustments, as required, to include all of the debt charges related to unfunded pension liabilities, post-employment benefits and debt charges of government organizations and entities whose inclusion would be consistent with the accounting principles of full consolidation; B is the portion of A, if any, related to borrowings made by a province on behalf of self-supporting government business enterprises that are not dependent on transfers, grants or other direct funding from the province to fund their day-to-day operations or debt repayments; C is the portion of A, if any, related to borrowings made by a province on behalf of municipalities that are not in default on their interest payment obligations to the province; D is the total of a province’s debt servicing charges for the 2011-2012 fiscal year related to borrowings made by the province on behalf of municipalities that are in default on their interest payment obligations to Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Sections 26-30 the province, if these are not already included in A; and E is the total population of a province on July 1, 2011 based on the latest Statistics Canada official estimates available as soon as all provinces have released their Public Accounts for the 2011-2012 fiscal year. Restriction 27 For greater certainty, if the Province does not meet the conditions set out in paragraphs 26(1)(a) and (b), it will not receive the additional fiscal equalization offset payment provided for in section 26 for any of the fiscal years between April 1, 2012 and March 31, 2020. Transitional payments for the 2012-2020 period 28 (1) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment but it received an additional fiscal equalization offset payment for the previous fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to two thirds of the additional fiscal equalization offset payment it received for the previous fiscal year. Transitional payments for 2012-2020 period (2) If for any fiscal year between April 1, 2012 and March 31, 2020 the Province does not receive an additional fiscal equalization offset payment and did not receive an additional fiscal equalization offset payment for the previous fiscal year, but received an additional fiscal equalization offset payment for the fiscal year two years before that fiscal year, the Minister shall, for that fiscal year, pay to the Province a transitional payment equal to one third of the additional fiscal equalization offset payment it received for the fiscal year two years before that fiscal year. Review of the Canada–Newfoundland and Labrador Arrangement 29 On or before March 31, 2019, the Minister, on behalf of the Government of Canada, and the minister designated by the Province for the purpose will review the Canada–Newfoundland and Labrador Arrangement, in accordance with clause 8 of that Arrangement. Discussions 30 The Government of Canada shall enter into discussions with the Province if requested to do so by the Province under the terms of clause 9 of the Canada–Newfoundland and Labrador Arrangement. Current to June 20, 2022 Last amended on June 29, 2021 Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments PART 2 Additional Fiscal Equalization Offset Payments for Newfoundland and Labrador Sections 31-33 Determination 31 A determination, for any fiscal year, of the additional fiscal equalization offset payment for the Province and for any other calculation that is necessary to be made for the purposes of this Part shall be made by the Minister at the same time as the final computation of the amount, if any, of the fiscal equalization payment that is payable to the Province is made for that fiscal year under Part I of the Federal-Provincial Fiscal Arrangements Act. PART 3 General Provisions Appropriation 32 The amounts authorized to be paid under this Act shall be paid out of the Consolidated Revenue Fund by the Minister at the time and in the manner, subject to section 33, that the Minister considers appropriate. Regulations 33 (1) The Governor in Council may make regulations, on the recommendation of the Minister, (a) prescribing the time and manner of making any payments under this Act; (b) respecting the determination of the amount referred to in subsection 12(2); (c) respecting the determination of any matter that under this Act is to be determined by the Minister; and (d) prescribing anything that is required or authorized to be prescribed by this Act. Approval of the minister designated by the Province (2) The Minister may recommend the making of a regulation under paragraph (1)(b) only after receipt by the Minister of the approval of the proposed regulation from the minister designated by the Province for that purpose. Current to June 20, 2022 Last amended on June 29, 2021

CONSOLIDATION National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act S.C. 2017, c. 16 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury Short Title 1 Short title National Strategy 2 National strategy Report to Parliament Review and Report 4 Review and Report Current to June 20, 2022 ii S.C. 2017, c. 16 An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury [Assented to 22nd June 2017] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act. National Strategy National strategy 2 The Minister of the Environment, in cooperation with representatives of the provincial and territorial governments and with representatives of other interested governments in Canada that are responsible for the environment, and in consultation with all interested persons or organizations that he or she considers appropriate, must develop a national strategy for the safe and environmentally sound disposal of lamps containing mercury. The strategy may include (a) the identification of practices for the safe and environmentally sound disposal of those lamps; (b) the establishment of guidelines for facilities where activities involved in the safe and environmentally sound disposal of those lamps are carried out; and (c) the development of a plan to promote public awareness of the importance of those lamps being Current to June 20, 2022 National Strategy for Safe and Environmentally Sound Disposal of Lamps Containing Mercury Act National Strategy Sections 2-4 disposed of safely and in an environmentally sound manner. Report to Parliament 3 (1) The Minister of the Environment must prepare a report setting out the national strategy and cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the later of December 31, 2018, and the day that is two years after the day on which this Act receives royal assent. Publication of report (2) The Minister must post the report on the departmental website within 10 days after the day on which the report is tabled in Parliament. Review and Report Review and Report 4 Within five years of the tabling of the report referred to in section 3, and every five years after that, the Minister of the Environment must prepare a report on the effectiveness of the national strategy, setting out his or her conclusions and recommendations regarding the strategy, and cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting following the completion of the report. Current to June 20, 2022

CONSOLIDATION National Anthem Act R.S.C., 1985, c. N-2 Current to June 20, 2022 Last amended on February 7, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 February 7, 2018 TABLE OF PROVISIONS An Act respecting the national anthem of Canada 1 Short title National anthem Public domain SCHEDULE / ANNEXE National Anthem — Hymne nationalO Canada Current to June 20, 2022 Last amended on February 7, 2018 ii R.S.C., 1985, c. N-2 An Act respecting the national anthem of Canada Short title 1 This Act may be cited as the National Anthem Act. 1980-81-82-83, c. 5, s. 1. National anthem 2 The words and music of the song “O Canada”, as set out in the schedule, are designated as the national anthem of Canada. 1980-81-82-83, c. 5, s. 2. Public domain 3 The words and music of the national anthem of Canada are hereby declared to be in the public domain. 1980-81-82-83, c. 5, s. 3. Current to June 20, 2022 Last amended on February 7, 2018 National Anthem SCHEDULE / ANNEXE National Anthem — Hymne nationalO Canada SCHEDULE / ANNEXE (Section 2 / article 2) National Anthem — Hymne nation O Canada Current to June 20, 2022 Last amended on February 7, 2018 National Anthem SCHEDULE / ANNEXE National Anthem — Hymne nationalO Canada R.S., 1985, c. N-2, Sch.; 2018, c. 1, s. 1. Current to June 20, 2022 Last amended on February 7, 2018

CONSOLIDATION Northwest Territories Surface Rights Board Act [Repealed, 2014, c. 2, s. 67] NOTE [Enacted by section 11 of chapter 14 of the Statutes of Canada, 2013, in force on assent June 19, 2013, except sections 8 and 33 to 93 in force June 19, 2015.] Current to June 20, 2022 Last amended on April 1, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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”. Shaded provisions in this document are not in force. Current to June 20, 2022 Last amended on April 1, 2014 TABLE OF PROVISIONS An Act to establish the Northwest Territories Surface Rights Board and to make related and consequential amendments to other Acts Current to June 20, 2022 Last amended on April 1, 2014 ii

CONSOLIDATION Nuclear Energy Act R.S.C., 1985, c. A-16 Current to June 20, 2022 Last amended on September 21, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 September 21, 2017 TABLE OF PROVISIONS An Act relating to the development and utilization of nuclear energy Short Title 1 Short title Interpretation 2 Definitions Powers of Minister 10 Powers of Minister Companies 11 Shares held in trust General 14 Claim for compensation may be referred to Federal Court Expenses Works and undertakings SCHEDULE I SCHEDULE II Current to June 20, 2022 Last amended on September 21, 2017 ii R.S.C., 1985, c. A-16 An Act relating to the development and utilization of nuclear energy Preamble [Repealed, 1997, c. 9, s. 88] Short Title Short title 1 This Act may be cited as the Nuclear Energy Act. R.S., 1985, c. A-16, s. 1; 1997, c. 9, s. 89. Interpretation Definitions 2 In this Act, atomic energy [Repealed, 1997, c. 9, s. 90] Board [Repealed, 1997, c. 9, s. 90] company means a company incorporated or acquired pursuant to subsection 10(2) of the Atomic Energy Control Act, chapter A-19 of the Revised Statutes of Canada, 1970; (compagnie) member [Repealed, 1997, c. 9, s. 90] Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) nuclear energy has the meaning assigned to that expression by section 2 of the Nuclear Safety and Control Act; (énergie nucléaire) nuclear substance has the meaning assigned to that expression by section 2 of the Nuclear Safety and Control Act. (substance nucléaire) Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy Interpretation Sections 2-10 prescribed substances [Repealed, 1997, c. 9, s. 90] President [Repealed, 1997, c. 9, s. 90] R.S., 1985, c. A-16, s. 2; 1997, c. 9, s. 90. 3 to 9 [Repealed, 1997, c. 9, s. 91] Powers of Minister Powers of Minister 10 (1) The Minister may (a) undertake or cause to be undertaken research and investigations with respect to nuclear energy; (b) with the approval of the Governor in Council, utilize, cause to be utilized and prepare for the utilization of nuclear energy; (c) with the approval of the Governor in Council, lease or, by purchase, requisition or expropriation, acquire or cause to be acquired nuclear substances and any mines, deposits or claims of nuclear substances and patent rights or certificates of supplementary protection issued under the Patent Act relating to nuclear energy and any works or property for production or preparation for production of, or for research or investigations with respect to, nuclear energy; and (d) with the approval of the Governor in Council, license or otherwise make available or sell or otherwise dispose of discoveries and inventions relating to, and improvements in processes, apparatus or machines used in connection with, nuclear energy, patent rights and certificates of supplementary protection acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements, patent rights and certificates. Exception (2) No interest in settlement land as defined in section 2 of the Yukon Surface Rights Board Act may be expropriated under subsection (1) without the approval of the Governor in Council. Exception (3) No interest in Tetlit Gwich’in Yukon land may be expropriated under subsection (1) without the approval of the Governor in Council. Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy Powers of Minister Sections 10-11 Notice of intention (4) Where an interest in land referred to in subsection (2) or (3) is to be expropriated, (a) a public hearing in respect of the location and extent of the land to be expropriated shall be held in accordance with the following procedure: (i) notice of the time and place for the public hearing shall be given to the Yukon first nation or Gwich’in Tribal Council and the public, (ii) at the time and place fixed for the public hearing, an opportunity shall be provided for the Yukon first nation or Gwich’in Tribal Council and the public to be heard, (iii) costs incurred by any party in relation to the hearing are in the discretion of the person or body holding the hearing and may be awarded on or before the final disposition of the issue, and (iv) a report on the hearing shall be prepared and submitted to the Minister; and (b) notice of intention to obtain the approval of the Governor in Council shall be given to the Yukon first nation or Gwich’in Tribal Council on completion of the public hearing and submission of a report thereon to the Minister. Definition of Tetlit Gwich’in Yukon land (5) In this section, Tetlit Gwich’in Yukon land means land as described in Annex B, as amended from time to time, to Appendix C of the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, that was approved, given effect and declared valid by the Gwich’in Land Claim Settlement Act. R.S., 1985, c. A-16, s. 10; 1994, c. 43, s. 81; 1997, c. 9, ss. 92, 99; 2017, c. 6, s. 121. Companies Shares held in trust 11 (1) The shares of the capital stock of a company, except the shares that are necessary to qualify persons other than the Minister as directors, shall be owned or held by the Minister, or by another company, in trust for Her Majesty in right of Canada. Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy Companies Sections 11-19 Agent of Her Majesty (2) A company that is a Crown corporation within the meaning of subsection 83(1) of the Financial Administration Act is for all its purposes an agent of Her Majesty in right of Canada. (3) [Repealed, 1997, c. 9, s. 93] R.S., 1985, c. A-16, s. 11; 1997, c. 9, s. 93; 2010, c. 12, s. 2147. General 12 and 13 [Repealed, 1997, c. 9, s. 94] Claim for compensation may be referred to Federal Court 14 (1) Whenever any property has been requisitioned or expropriated under this Act and the Minister and the owner of the property have not, within such period as the Minister of Justice considers reasonable, agreed on the compensation to be made for the property, the claim for compensation shall be referred by the Minister of Justice to the Federal Court. Exception (2) Subsection (1) does not apply in respect of land described in subsections 10(2) and (3). R.S., 1985, c. A-16, s. 14; 1994, c. 43, s. 82; 1997, c. 9, s. 94. Expenses 15 All expenses under this Act shall be paid out of moneys appropriated by Parliament for the purpose or received by a company through the conduct of its operations or by bequest, donation or otherwise. R.S., 1985, c. A-16, s. 15; 1997, c. 9, s. 94. 16 and 17 [Repealed, 1997, c. 9, s. 94] Works and undertakings 18 All works and undertakings constructed (a) for the production, use and application of nuclear energy, (b) for research or investigation with respect to nuclear energy, and (c) for the production, refining or treatment of nuclear substances, are, and each of them is declared to be, works or a work for the general advantage of Canada. R.S., 1985, c. A-16, s. 18; 1997, c. 9, ss. 95, 99. 19 (1) [Repealed, 1997, c. 9, s. 96] Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy General Sections 19-20 and 21 Idem (2) Every director and every officer and employee of a company shall, before acting as such, take before a justice of the peace or a commissioner for taking affidavits an oath of fidelity and secrecy in the form set out in Schedule II. R.S., 1985, c. A-16, s. 19; 1997, c. 9, s. 96. 20 and 21 [Repealed, 1997, c. 9, s. 97] Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy SCHEDULE I SCHEDULE I [Repealed, 1997, c. 9, s. 98] Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy SCHEDULE II SCHEDULE II (Section 19) Oath of Fidelity and Secrecy I, ..................., do solemnly swear that I will faithfully, truly and to the best of my judgment, skill and ability execute and perform the duties required of me as a director (or officer or employee, as the case may be), of .................... I further solemnly swear that I will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of the said company nor will I allow any such person to inspect or have access to any books or documents belonging to or in the possession of the said company and relating to its business. R.S., c. A-19, Sch. Current to June 20, 2022 Last amended on September 21, 2017 Nuclear Energy AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2002, c. 7, s. 221 1994, c. 43, s. 81. 221 Subsection 10(2) of the Nuclear Energy Act is replaced by the following: Exception (2) No interest in settlement land as defined in section 2 of the Yukon First Nations Land Claims Settlement Act or land identified as such in a self-government agreement as defined in the Yukon First Nations Self-Government Act may be expropriated under subsection (1) without the approval of the Governor in Council. Current to June 20, 2022 Last amended on September 21, 2017

CONSOLIDATION National Fiddling Day Act S.C. 2015, c. 6 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting National Fiddling Day Short Title 1 Short title National Fiddling Day 2 National Fiddling Day Not a legal holiday Current to June 20, 2022 ii S.C. 2015, c. 6 An Act respecting National Fiddling Day [Assented to 31st March 2015] Preamble Whereas the art of fiddle playing has a significant role in the cultural and social history of Canada and is practised in all of the regions of Canada; Whereas newcomers to Canada and their Canadian descendants have enriched the culture and the different styles and repertoires of fiddle music during many generations; Whereas in 2012 an international campaign began among fiddle players to encourage popular recognition and acclaim of a World Fiddle Day on the third Saturday in May each year, to celebrate the appreciation, beauty and history of fiddle music, and in honour of Antonio Stradivari, the renowned crafter of stringed instruments; And whereas it is in the interest of all Canadians to become more familiar with the traditional and contemporary importance of fiddling and its importance to Canadian heritage and Canadian society; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Fiddling Day Act. Current to June 20, 2022 National Fiddling Day National Fiddling Day Sections 2-3 National Fiddling Day National Fiddling Day 2 Throughout Canada, in each and every year, the third Saturday in May is to be known as “National Fiddling Day”. Not a legal holiday 3 For greater certainty, National Fiddling Day is not a legal holiday or a non-juridical day. Current to June 20, 2022

CONSOLIDATION National Energy Board Act [Repealed, 2019, c. 28, s. 44] Current to June 20, 2022 Last amended on August 28, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 28, 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 28, 2019 TABLE OF PROVISIONS An Act to establish a National Energy Board Current to June 20, 2022 Last amended on August 28, 2019 ii

CONSOLIDATION Non-smokers’ Health Act R.S.C. 1985, c. 15 (4th Supp.) NOTE [1988, c. 21, assented to 28th June, 1988] Current to June 20, 2022 Last amended on October 17, 2018 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 17, 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 October 17, 2018 TABLE OF PROVISIONS An Act to regulate smoking in the federal workplace and on certain modes of transportation 1 Short title Definitions Duty of employers Smoking prohibited Smoking areas on aircraft Saving Regulations Proceedings against Crown 8.1 Provincial Crown corporations 8.2 Exclusion from application Designation of inspectors Inspection of premises Offence and punishment Offence outside Canada Service on corporations, etc. Proceedings commenced by ticket Hazardous Products Act *16 Commencement *16 Coming into force Current to June 20, 2022 Last amended on October 17, 2018 ii R.S.C. 1985, c. 15 (4th Supp.) An Act to regulate smoking in the federal workplace and on certain modes of transportation Short title 1 This Act may be cited as the Non-smokers’ Health Act. Definitions 2 (1) In this Act, cannabis has the same meaning as in subsection 2(1) of the Cannabis Act; (cannabis) designated smoking area means an area, other than an enclosed room, that is designated for smoking under subsection 3(2); (zone fumeurs) designated smoking room means an enclosed room that is designated for smoking under subsection 3(2); (fumoir) employee means a person who is employed by an employer; (employé) employer means a person who employs one or more persons in employment described in subsection 123(1) of the Canada Labour Code, or (a) the Treasury Board, in relation to employees in any portion of the federal public administration specified in Schedule I or IV to the Financial Administration Act, (b) a separate agency named in Schedule V to the Financial Administration Act, in relation to employees of that separate agency, (c) the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer, in relation to their employees or the employees of a committee of the Senate or House of Commons, as the case may be, or Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Section 2 (d) a member of the Senate or House of Commons, in relation to employees on the staff of the member, including persons employed in the office of a Minister, or in relation to employees on the staff of a political party housed in accommodation provided by the Senate or House of Commons who are under the direction and control of the member; (employeur) inspector means a person who is designated as an inspector under section 9; (inspecteur) smoke means to smoke, hold or otherwise have control over an ignited tobacco product or ignited cannabis or to vape using a vaping product; (fumer) tobacco product means any product manufactured from tobacco and intended for use by smoking; (produit à base de tabac) vaping product means (a) a device that is intended to be used to simulate the act of smoking a tobacco product or cannabis and that emits an aerosol that is intended to be inhaled, including an electronic cigarette, an electronic cigar and an electronic pipe; and (b) a device that is designated to be a vaping product by the regulations; (produit de vapotage) work space means any indoor or other enclosed space in which employees perform the duties of their employment, and includes any adjacent corridor, lobby, stairwell, elevator, cafeteria, washroom or other common area frequented by such employees during the course of their employment. (lieu de travail) Application outside Canada (2) This Act, except section 10, applies outside Canada in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a Canadian, as defined in section 55 of the Canada Transportation Act, or a work space on a vessel registered or listed under the Canada Shipping Act, 2001 that is being operated between Canada and another country, to the extent that compliance with this Act within the territory of another jurisdiction does not result in the contravention of the laws of that jurisdiction. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 2-3 Non-application to foreign carriers (3) This Act does not apply in respect of a work space on an aircraft, train or motor vehicle being operated between Canada and another country by a person other than a Canadian, as defined in section 55 of the Canada Transportation Act or a work space on a ship registered under the laws of another country that is being operated between Canada and another country. Non-application to commuter trains (4) This Act does not apply in respect of a work space on a passenger train operated in commuter service by or for the account of the government of a province or an agency thereof. R.S., 1985, c. 15 (4th Supp.), s. 2; 1989, c. 7, s. 1; 1996, c. 10, s. 247; 2000, c. 20, s. 28; 2001, c. 26, s. 312; 2003, c. 22, s. 176; 2004, c. 7, s. 25; 2006, c. 9, s. 19; 2013, c. 40, s. 202; 2015, c. 36, s. 143; 2017, c. 20, s. 178; 2018, c. 9, s. 82, c. 16, ss. 162, 189. Duty of employers 3 (1) Every employer, and any person acting on behalf of an employer, shall ensure that persons refrain from smoking in any work space under the control of the employer. Designation of smoking rooms and areas (2) An employer may, to the extent permitted by the regulations, designate for smoking (a) enclosed rooms under the control of the employer other than rooms normally occupied by non-smokers; and (b) areas under the control of the employer on an aircraft, train, motor vehicle or ship or in an airport passenger terminal, railway passenger station, interurban bus station or marine passenger terminal other than areas normally occupied by non-smokers. Exception (3) Notwithstanding subsection (1), an employer may require employees, by reason of the nature of their duties, to perform those duties in a room or area designated for smoking under subsection (2). Independent ventilation (4) Where an employer has designated a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced before January 1, 1990, the employer shall, to the extent reasonably practicable, ensure that the room conforms to any requirements of the regulations respecting independent ventilation of designated smoking rooms. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 3-5 Idem (5) No employer shall designate a room for smoking under subsection (2) in a building or portion of a building the construction of which commenced after December 31, 1989 if the room fails to conform to any requirements of the regulations respecting independent ventilation of designated smoking rooms. Consultation (6) No employer shall designate a room or area for smoking under subsection (2) in a work place, other than on an aircraft, train, motor vehicle or ship that is carrying passengers, until after the employer has consulted with the work place committee or health and safety representative in respect of that work place or, if there is no such committee or representative, with the employees employed there. Expressions used in Canada Labour Code (7) In subsection (6), the expressions “work place committee”, “health and safety representative” and “work place” have the same meaning as in Part II of the Canada Labour Code. R.S., 1985, c. 15 (4th Supp.), s. 3; 1989, c. 7, s. 1; 2000, c. 20, s. 29. Smoking prohibited 4 (1) No person shall smoke in any work space under the control of an employer except in a designated smoking room or designated smoking area. Notice (2) An employer shall, to the extent and in the manner required by the regulations, inform employees and members of the public of the prohibition imposed by subsection (1) and of the location of designated smoking rooms and designated smoking areas under the control of the employer. R.S., 1985, c. 15 (4th Supp.), s. 4; 1989, c. 7, s. 1. Smoking areas on aircraft 5 (1) An employer may not designate an area for smoking under subsection 3(2) on an aircraft carrying passengers for hire or reward except (a) on segments of a flight that are longer than two hours or such greater period as the regulations prescribe; (b) on segments of a flight that includes a segment extending between Canada and a country other than the United States; or (c) on a flight operated in accordance with a charter contract under which the cost of transportation of all Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 5-7 passengers is paid by one person, company or organization and no charge or other financial obligation is imposed on a passenger as a condition of carriage or otherwise in connection with the transportation. Smoking areas on trains (2) An employer may not, in respect of a train carrying passengers, designate for smoking under subsection 3(2) (a) areas comprising more than two thirds of the seating accommodation of any class; (b) areas on more than two thirds of the cars providing a class of seating accommodation; or (c) areas comprising more than two thirds of the sleeping car accommodation other than enclosed accommodation. Request to stop smoking (3) An employee who becomes aware that a passenger is smoking in contravention of section 4 on an aircraft, train, motor vehicle or ship operated by the employer of the employee shall request the passenger to refrain from smoking. Removal of passenger (4) Where a passenger fails to comply with a request made under subsection (3), the employer shall require the passenger to disembark at the next scheduled stop following the passenger’s failure to comply. R.S., 1985, c. 15 (4th Supp.), s. 5; 1989, c. 7, s. 1. Saving 6 Nothing in section 4 or 5 affects the operation of any other Act of Parliament, any regulations made under any Act of Parliament, or any rule of law in relation to the protection of persons from exposure to tobacco or cannabis smoke or any emission from a vaping product. R.S., 1985, c. 15 (4th Supp.), s. 6; 1989, c. 7, s. 1; 2018, c. 9, s. 83, c. 16, ss. 163, 189. Regulations 7 (1) The Governor in Council may make regulations (a) respecting the size, number, proportionate floor space, location, use, number of occupants and other characteristics of rooms and areas that may be designated for smoking under subsection 3(2); (a.1) designating any device to be a vaping product for the purpose of the definition vaping product; (b) respecting the ventilation of designated smoking rooms; Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 7-8 (b.1) designating outdoor spaces or classes of outdoor spaces for the purpose of the definition work space; (c) permitting the designation of the whole or any part of aircraft, trains, motor vehicles or ships as areas or rooms for smoking, either generally or on specified routes or in specified classes of service and, subject to subsection 5(2), prescribing the maximum proportion of accommodation of any class thereon that may be designated for smoking; (d) respecting the maximum proportion of aircraft flights, train schedules, motor vehicle trips or ship voyages operated for hire or reward in passenger service in respect of which designated smoking areas or rooms may be provided during any specified travel period, either generally or on specified routes or in specified classes of service; (e) prescribing, either generally or in respect of specified routes or specified classes of service, (i) a period greater than two hours for the purposes of paragraph 5(1)(a), or (ii) the minimum duration of an aircraft flight referred to in paragraph 5(1)(b) or (c), or of a flight not carrying passengers, in respect of which areas may be designated for smoking; (f) requiring employers to inform employees and members of the public of the prohibition imposed by section 4 and of the location of designated smoking areas and designated smoking rooms, and respecting the manner of so informing them; and (g) prescribing the form of tickets and informations for the purposes of section 14 and fixing the fine payable in proceedings under that section in respect of a first or a subsequent contravention of any provision of this Act, not exceeding the amount fixed by section 11 for such a contravention. Application of regulations (2) Regulations made pursuant to this section may be made applicable to all employers or to a class of employer and in respect of all work spaces or a class of work space. R.S., 1985, c. 15 (4th Supp.), s. 7; 1989, c. 7, s. 1; 2018, c. 9, s. 84, c. 16, s. 163.1. Proceedings against Crown 8 Notwithstanding any other Act of Parliament, proceedings in respect of an offence under this Act may be Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 8-8.2 brought against an employer that is an agent of Her Majesty in the employer’s own name, or against a person acting on behalf of such an employer, in the same manner as if that employer were a person not an agent of Her Majesty, and a fine imposed against the employer in such proceedings may be paid out of any funds held by the employer. R.S., 1985, c. 15 (4th Supp.), s. 8; 1989, c. 7, s. 1. Provincial Crown corporations 8.1 The Governor in Council may by regulation direct that this Act applies in respect of any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation that is, or is part of, a corporation that is an agent of Her Majesty in right of a province and whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act. 1996, c. 12, s. 5; 1997, c. 9, s. 125. Exclusion from application 8.2 (1) The Governor in Council may by regulation exclude, in whole or in part, from the application of any or all of the provisions of this Act any employment, or any class or classes of employment, on or in connection with a work or undertaking set out in the regulation whose activities are regulated, in whole or in part, pursuant to the Nuclear Safety and Control Act. Regulations (2) On the recommendation of the Minister of Labour, the Governor in Council may make regulations respecting smoking in a workplace at which is carried on employment that is subject to a regulation made under subsection (1). Incorporation of provincial law (3) A regulation made under subsection (2) incorporating by reference, in whole or in part, an Act of the legislature of a province or an instrument made under such an Act may incorporate the Act or instrument as amended to a certain date or from time to time. Application of regulation (4) A regulation made under subsection (2) may apply (a) generally, with respect to all employment that is subject to a regulation made pursuant to subsection (1); or (b) to any class or classes of employment that are subject to a regulation made pursuant to subsection (1). Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 8.2-10 Administration and enforcement (5) A regulation made under subsection (2) incorporating an Act or instrument shall, after consultation by the Minister of Labour with the appropriate provincial minister, be administered and enforced by the person or authority that is responsible for the administration and enforcement of the Act or instrument. Offence and penalty (6) Every person who contravenes a regulation made under subsection (2) by contravening a provision of an Act of the legislature of a province that, or an instrument made under such an Act that, is incorporated by the regulation is guilty of an offence against this Act and liable to the same punishment as is imposed by or under an Act of that legislature for the contravention of that provision. Procedure (7) The prosecution of an offence in respect of a contravention described in subsection (6) shall be commenced by the attorney general of the province in which the offence was committed. 1996, c. 12, s. 5; 1997, c. 9, s. 125; 2018, c. 9, s. 85. Designation of inspectors 9 (1) The Minister of Labour may designate any person to be an inspector for the purposes of sections 10 and 14. Provincial inspectors (2) The Minister of Labour may, with the approval of the Governor in Council, enter into an agreement with the government of a province or an agency thereof stipulating terms and conditions under which a person employed by that government or agency may act as an inspector for the purposes of this Act, and a person so employed and so referred to in the agreement shall be deemed to be designated an inspector under this section at the time fixed by or under the agreement. Certificates (3) The Minister of Labour shall provide an inspector with a certificate of the inspector’s authority and, on entering any work space referred to in section 10, the inspector shall, on demand by the person in charge of that place, produce the certificate for examination by that person. R.S., 1985, c. 15 (4th Supp.), s. 9; 1989, c. 7, s. 1. Inspection of premises 10 (1) For the purpose of verifying compliance with this Act, an inspector may at any reasonable time enter and inspect any work space under the control of an employer. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 10-12 Assistance to inspectors (2) The person in charge of a work space entered by an inspector pursuant to subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out the inspector’s duties and shall furnish the inspector with any information that the inspector has reasonable grounds to believe is required to carry out the inspection. Obstruction (3) No person shall wilfully obstruct an inspector in the performance of the inspector’s duties under this section. 1989, c. 7, s. 1. Offence and punishment 11 (1) Every employer who contravenes section 3 or subsection 4(2) or 5(4) is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding one thousand dollars; and (b) for a subsequent offence, to a fine not exceeding ten thousand dollars. Idem (2) Every person who contravenes subsection 4(1) or 5(3) is guilty of an offence and is liable on summary conviction (a) for a first offence, to a fine not exceeding fifty dollars; and (b) for a subsequent offence, to a fine not exceeding one hundred dollars. Idem (3) Every person who contravenes section 10 is guilty of an offence and is liable on summary conviction to a fine not exceeding one thousand dollars. 1989, c. 7, s. 1. Offence outside Canada 12 Proceedings in respect of an offence under this Act alleged to have been committed outside Canada may be brought in a court of competent jurisdiction for any judicial division in Canada in which the accused person is found, as if the offence had been committed in that judicial division. 1989, c. 7, s. 1. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Sections 13-14 Service on corporations, etc. 13 Service of a summons under the Criminal Code or a ticket under this Act on an employer that is not an individual may be effected by delivery of the summons or ticket to the president, secretary or other executive officer of the employer, to the person appearing to have the control or management of any establishment of the employer, or to the employee or agent by whose act or omission the employer is alleged to have committed the offence. 1989, c. 7, s. 1. Proceedings commenced by ticket 14 (1) An inspector or peace officer who has reasonable grounds to believe that an offence has been committed under this Act may serve a ticket in the form prescribed by the regulations, completed and signed by the inspector or peace officer, by causing the ticket to be delivered to the person believed to have committed the offence, if an individual, or to a person referred to in section 13 in any other case. Laying of information (2) Either before or after service of a ticket, an information under oath shall be laid before a justice in respect of the offence alleged in the ticket. Voluntary guilty plea (3) A person on whom a ticket is served or, where service is effected in accordance with section 13, a person acting on behalf of the employer so served may, within fifteen days after it is served, complete and sign the plea of guilty set out in the ticket and deliver or mail the plea, together with the fine fixed by the regulations and specified in the ticket, to the court specified in the ticket. Conviction (4) Acceptance by the court of a payment made under subsection (3) constitutes a plea of guilty, whether or not the plea is signed or the signature is proved, and endorsement of the payment on the ticket constitutes the conviction of the person for the offence. Proof of service (5) Service of a ticket may be proved by the oral evidence given under oath of the person who served it or by the affidavit of that person made before a justice or other person authorized to administer oaths or take affidavits. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health Hazardous Products Act Sections 14-16 Default conviction (6) Where no plea is entered in respect of an offence that is alleged in a ticket and service of the ticket is proved before a justice, the justice shall examine the information laid pursuant to subsection (2) and, if it is complete and regular on its face, shall enter a conviction in the accused’s absence and impose a fine in the amount prescribed by the regulations and specified in the ticket. Expressions used in Criminal Code (7) In this section, the expressions “justice” and “peace officer” have the same meaning as in the Criminal Code. 1989, c. 7, s. 1; 1993, c. 34, s. 96. Hazardous Products Act 15 [Amendments] Commencement Coming into force 16 This Act shall come into force on the day that is six months after the day on which An Act to amend the Nonsmokers’ Health Act is assented to. * * [Note: Act in force December 29, 1989, see 1989, c. 7.] 1989, c. 7, s. 4. Current to June 20, 2022 Last amended on October 17, 2018 Non-smokers’ Health AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 1992, c. 47, s. 84 (Sch. , s. 9) 1989, c. 7, s. 1. 9 Subsection 7(1) is amended by adding the word “and” at the end of paragraph (e) thereof, by striking out the word “and” at the end of paragraph (f) thereof and by repealing paragraph (g) thereof. — 1992, c. 47, s. 84 (Sch. , s. 10) 1989, c. 7, s. 1. 10 Subsection 9(1) is repealed and the following substituted therefor: Designation of inspectors 9 (1) The Minister of Labour may designate any person to be an inspector for the purpose of section 10. — 1992, c. 47, s. 84 (Sch. , s. 11) 1989, c. 7, s. 1. 11 Sections 13 and 14 are repealed and the following substituted therefor: Service on corporations, etc. 13 Service of a summons under the Criminal Code on an employer that is not an individual may be effected by delivery of the summons to the president, secretary or other executive officer of the employer, to the person appearing to have the control or management of any establishment of the employer, or to the employee or agent by whose act or omission the employer is alleged to have committed the offence. Current to June 20, 2022 Last amended on October 17, 2018

CONSOLIDATION National Defence Act R.S.C., 1985, c. N-5 Current to June 20, 2022 Last amended on June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 Last amended on June 20, 2022 TABLE OF PROVISIONS An Act respecting national defence Short Title 1 Short title Interpretation 2 Definitions PART I Department of National Defence Establishment of the Department 3 Formation of department Minister 4 Duties Designation of person to execute Minister’s functions Associate Minister Deputy Minister 7 Appointment Associate Deputy Ministers Judge Advocate General 9 Appointment 9.1 Legal adviser 9.2 Superintendence of military justice 9.3 Responsible to Minister 9.4 Rank Authority to act for Judge Advocate General 10.1 Non-derogation Materiel 11 Delivery of materiel for sale or disposal Regulations 12 Power of Governor in Council to make regulations Limitation on Minister’s power 13.1 Military Police Professional Code of Conduct Current to June 20, 2022 Last amended on June 20, 2022 ii National Defence TABLE OF PROVISIONS PART II The Canadian Forces Constitution 14 Canadian Forces Regular force Special force Units and Other Elements 17 Organization Chief of the Defence Staff 18 Appointment, rank and duties of Chief of Defence Staff 18.1 Vice Chief of the Defence Staff 18.2 Absence or incapacity of Chief of the Defence Staff Canadian Forces Provost Marshal 18.3 Appointment 18.4 Duties and functions 18.5 General supervision 18.6 Annual report Powers of Command 19 Authority of officers and non-commissioned members Enrolment 20 Commissioned officers Ranks of officers and non-commissioned members Numbers in ranks and trade groups Obligation to serve Consent to transfer Effect of receipt of pay if not enrolled Effect of receipt of pay if irregularly enrolled Attachment and Secondment 27 Manner and conditions of attachment and secondment Promotion 28 Authority to promote Grievances 29 Right to grieve 29.1 Authorities for determination of grievances 29.101 Grievances submitted by military judges 29.11 Final authority 29.12 Referral to Grievances Committee Current to June 20, 2022 Last amended on June 20, 2022 iv National Defence TABLE OF PROVISIONS 29.13 Chief of the Defence Staff not bound 29.14 Delegation 29.15 Decision is final Military Grievances External Review Committee 29.16 Grievances Committee 29.17 Chairperson 29.18 Head office 29.19 Staff 29.2 Duties and functions 29.21 Powers 29.22 Restriction 29.23 Witness not excused from testifying 29.24 Expenses 29.25 Return of documents, etc. 29.26 Rules 29.27 Protection of members 29.28 Annual report Release 30 Entitlement Active Service 31 Placing forces on active service Proclamation for meeting of Parliament Service 33 Liability in case of regular force Limitation on Deployment 34 Persons under eighteen Pay and Allowances 35 Treasury Board to establish Supply and Issue of Materiel 36 Ministerial approval Public Property 37 Liability for loss or damage Non-public Property 38 Non-public property of units Other non-public property Liability for loss or damage Ministerial directions Current to June 20, 2022 Last amended on June 20, 2022 v National Defence TABLE OF PROVISIONS Service Estates 42 Collection, administration and distribution Presumption of Death 43 Authority to issue certificate Personal Effects of Absentees 44 Vesting and disposal Boards of Inquiry 45 Convening boards 45.1 Witness not excused from testifying Cadet Organizations 46 Formation Educational Institutions 47 Establishment Service Associations 48 Establishment Exercise of Authority 49 Exercise of authority of officer or non-commissioned member by another Method of signifying orders Notification of Orders 51 Publication Validity of Documents 52 Authenticity of documents Signature on commissions Validity of bonds PART III Code of Service Discipline Purpose 55 Purpose DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application 60 Persons subject to Code of Service Discipline Persons accompanying Canadian Forces Command Persons under special engagement Current to June 20, 2022 Last amended on June 20, 2022 v National Defence TABLE OF PROVISIONS Persons under command of officer deemed their superior officer Plea in Bar of Trial 66 Autrefois acquit and autrefois convict Place of Commission of Offence 67 Service offence, wherever committed, is triable Place of Trial 68 No territorial limitation Period of Liability 69 When person is liable Limitations with respect to Certain Offences 70 Offences not triable by courts martial Jurisdiction of Civil Courts 71 No interference with civil jurisdiction DIVISION 1.1 Declaration of Victims Rights Interpretation 71.01 Definition of military justice system Rights Information 71.02 General information 71.03 Investigation and proceedings 71.04 Information about offender or accused Protection 71.05 Security 71.06 Protection from intimidation and retaliation 71.07 Privacy 71.08 Identity protection 71.09 Testimonial aids Participation 71.1 Views to be considered 71.11 Victim impact statement Restitution 71.12 Restitution order 71.13 Enforcement General Provisions 71.14 Application 71.15 Exercise of rights 71.16 Victim’s liaison officer Current to June 20, 2022 Last amended on June 20, 2022 vi National Defence TABLE OF PROVISIONS 71.17 Interpretation of this Division 71.18 Interpretation of other Acts, regulations, etc. 71.19 Primacy in event of inconsistency 71.2 No adverse inference 71.21 Entering or remaining in Canada Remedies 71.22 Complaint 71.23 Status 71.24 No cause of action 71.25 No appeal DIVISION 2 Service Offences and Punishments Responsibility for Offences 72 Parties to offences Civil Defences 72.1 Rules and principles of civil courts applicable Ignorance of the Law 72.2 Ignorance not to constitute excuse Misconduct of Commanders in Presence of Enemy 73 Offences by commanders when in action Misconduct of any Person in Presence of Enemy 74 Offences by any person in presence of enemy Security 75 Offences related to security Prisoners of War 76 Offences related to prisoners of war Miscellaneous Operational Offences 77 Offences related to operations Spies for the Enemy 78 Offence of being spy Mutiny 79 Mutiny with violence Mutiny without violence Offences related to mutiny Seditious Offences 82 Advocating governmental change by force Current to June 20, 2022 Last amended on June 20, 2022 vi National Defence TABLE OF PROVISIONS Insubordination 83 Disobedience of lawful command Striking or offering violence to a superior officer Insubordinate behaviour Quarrels and disturbances Resisting or escaping from arrest or custody Desertion 88 Offence Connivance at desertion Absence without Leave 90 Offence False statement in respect of leave Disgraceful Conduct 92 Scandalous conduct by officers Cruel or disgraceful conduct Traitorous or disloyal utterances Abuse of subordinates Making false accusations or statements or suppressing facts Drunkenness Malingering, aggravating disease or infirmity or injuring self or another Offences in relation to Service Arrest and Custody 99 Detaining unnecessarily or failing to bring up for investigation Setting free without authority or allowing or assisting escape Escape from custody 101.1 Failure to comply with conditions Hindering arrest or confinement or withholding assistance when called on Withholding delivery over or assistance to civil power Offences in relation to Vessels 104 Losing, stranding or hazarding vessels Disobedience of captain’s orders Offences in relation to Aircraft 107 Wrongful acts in relation to aircraft or aircraft material Signing inaccurate certificate Low flying Disobedience of captain’s orders Current to June 20, 2022 Last amended on June 20, 2022 ix National Defence TABLE OF PROVISIONS Offences in relation to Vehicles 111 Improper driving of vehicles Improper use of vehicles Offences in relation to Property 113 Causing fires Stealing Receiving Destruction, damage, loss or improper disposal Miscellaneous offences Offences in relation to Tribunals 118 Definition of tribunal 118.1 Failure to appear or attend False evidence Offence in Relation to the Sex Offender Information Registration Act 119.1 Failure to comply with order or obligation Offence in Relation to DNA Identification 119.2 Failure to comply with order or summons Offences in relation to Billeting 120 Ill-treatment or non-payment of occupant or person on whom billeted Offences in relation to Enrolment 121 Fraudulent enrolment False answers or false information Assisting unlawful enrolment Miscellaneous Offences 124 Negligent performance of duties Offences in relation to documents Refusing immunization, tests, blood examination or treatment Injurious or destructive handling of dangerous substances Conspiracy Conduct to the Prejudice of Good Order and Discipline 129 Prejudicing good order or discipline Current to June 20, 2022 Last amended on June 20, 2022 x National Defence TABLE OF PROVISIONS Offences Punishable by Ordinary Law 130 Service trial of civil offences Reference to Attorney General Offences under law applicable outside Canada Conviction of Cognate Offence 133 Person charged with desertion Person charged with violent offence against officer Conviction of offence in circumstances involving lower punishment Powers on service trial of civil offences Offence charged, attempt proved Special finding of guilty Punishments 139 Scale of punishments Imprisonment for shorter term 140.1 Dismissal as accompanying punishment 140.2 Reduction in rank as accompanying punishment Dismissal with disgrace Detention Reduction in rank Forfeiture of seniority Fine 145.1 Civil enforcement of fines Minor punishments Prohibition Orders 147.1 Prohibition order 147.2 Requirement to surrender 147.3 Forfeiture 147.4 Authorizations revoked or amended 147.5 Return to owner Order to Abstain from Communicating 147.6 If injury or damage feared Intermittent Sentences 148 Imprisonment or detention Incarceration under more than one Sentence 149 Concurrent punishment Punishment for Certain Offences 149.2 Punishment for certain offences Current to June 20, 2022 Last amended on June 20, 2022 x National Defence TABLE OF PROVISIONS DIVISION 3 Arrest and Pre-Trial Custody Interpretation 153 Definitions Authority to Arrest 154 General authority Powers of officers Powers of military police Issue of warrants Action following Arrest 158 Release from custody 158.1 Report of custody Initial Review 158.2 Review of report of custody 158.3 Continuing duty to release 158.4 Duty to retain in custody if designated offence 158.5 Duty to review where charge not laid 158.6 Release with or without conditions 158.61 Direction — no communication Review by Military Judge 158.7 Review of directions Hearing by military judge 159.1 Onus on Canadian Forces 159.2 Justification for retention in custody 159.3 Onus on person in custody 159.31 Direction — no communication 159.4 Release with or without undertaking 159.5 Hearing may be adjourned 159.6 Alternate means of hearing 159.7 Reasons Duty of Director of Military Prosecutions 159.8 Review after 90 days Review by Court Martial Appeal Court 159.9 Review of direction Direction Cancelled 159.91 Regulations Current to June 20, 2022 Last amended on June 20, 2022 xi National Defence TABLE OF PROVISIONS DIVISION 4 Commencement of Proceedings Interpretation 160 Definition of commanding officer Laying of Charge 161 Laying of charge 161.1 Referral of charge — service offence Duty to Act Expeditiously 162 Duty to act expeditiously DIVISION 5 Summary Hearings Interpretation 162.3 Definitions Service Infractions 162.4 Summary hearing 162.5 Not offence 162.6 Prior trial — offence 162.7 Scale of sanctions 162.8 Reduction in rank 162.9 Objectives of sanctions 162.91 Fundamental principle 162.92 Other principles 162.93 Consideration of indirect consequences Summary Hearings 162.94 Delegation 162.95 Commanding officer’s obligation 163 Jurisdiction 163.1 Sanctions imposed by superior commander 163.2 Obligation after referral 163.3 Subsequent summary hearing proceedings not precluded 163.4 Limitation period 163.5 No territorial limitation Review Authorities 163.6 Chief of the Defence Staff and other military authorities Quashing of Findings 163.7 Authority to quash Current to June 20, 2022 Last amended on June 20, 2022 xi National Defence TABLE OF PROVISIONS Substitution of Findings 163.8 Substitution of invalid or unsubstantiated findings Substitution of Sanctions 163.9 Authority to substitute Commutation, Mitigation and Remission of Sanctions 163.91 Authority to commute, mitigate or remit sanctions DIVISION 6 Trial by Court Martial Charge must be Preferred 165 Charge must be preferred Director of Military Prosecutions 165.1 Appointment 165.11 Duties and functions 165.12 Preferring charges 165.13 Reasons for not proceeding 165.15 Barristers and advocates to assist 165.16 Acting Director of Military Prosecutions 165.17 Relationship to Judge Advocate General Court Martial Administrator 165.18 Appointment 165.19 Duties 165.191 Convening General Court Martial 165.192 Convening Standing Court Martial 165.193 Choice of accused 165.2 Acting Court Martial Administrator Military Judges 165.21 Appointment Reserve Force Military Judges 165.22 Panel established 165.221 Removal from panel 165.222 Chief Military Judge 165.223 Restriction on activities Duties and Immunity of Military Judges 165.23 Judicial duties and functions 165.231 Immunity Chief Military Judge 165.24 Chief Military Judge 165.25 Duties and functions Current to June 20, 2022 Last amended on June 20, 2022 xi National Defence TABLE OF PROVISIONS 165.26 Delegation 165.27 Delegation 165.28 Deputy Chief Military Judge 165.29 Power, duties and functions 165.3 Rules of practice and procedure Military Judges Inquiry Committee 165.31 Composition of Committee 165.32 Inquiry required Military Judges Compensation Committee 165.33 Composition of Committee 165.34 Mandate 165.35 Other inquiries 165.36 Extension 165.37 Minister’s duties General Courts Martial 166 Jurisdiction 166.1 Punishment limitation Composition Ineligibility to serve Standing Courts Martial 173 Jurisdiction Composition Punishment limitation Powers 179 Courts martial Admission to Courts Martial and Certain Proceedings Before Military Judges 180 Proceedings public Production of certain records 180.01 Definition of record 180.02 Production of record to accused 180.03 Application for production 180.04 Hearing in private 180.05 Order to produce record for review 180.06 Review of record by military judge 180.07 Order to produce 180.08 Reasons for decision Current to June 20, 2022 Last amended on June 20, 2022 xv National Defence TABLE OF PROVISIONS Rules of Evidence 181 Rules of evidence Admission of documents and records Witnesses at Courts Martial 183 Procurement of attendance of witnesses 183.1 Support person — witnesses under 18 or with disability 183.2 Testimony outside courtroom — witnesses under 18 or with disability 183.3 Accused not to cross-examine witnesses under 18 183.4 Non-disclosure of witness’s identity 183.5 Order restricting publication — sexual offences 183.6 Order restricting publication — victims and witnesses 183.7 Security of witnesses Evidence on Commission 184 Appointment of commissioner to take evidence Copy to accused Objections 186 Objections Preliminary Proceedings 187 Preliminary proceedings Amendment of Charges 188 Amendment if defence not prejudiced Adjournments 189 Adjournment Pleas 189.1 Pleas permitted Views 190 Authority for viewing Decisions of General Court Martial 191 Questions of law Decision of panel 192.1 Disagreement of panel Sentence Similar Offences 194 Similar offences may be considered in imposing sentence Current to June 20, 2022 Last amended on June 20, 2022 xv National Defence TABLE OF PROVISIONS Absconding Accused 194.1 Accused absconding during court martial Pronouncement of Findings and Sentence 195 Manner and effective date of pronouncement Death or Incapacity 196 Death or incapacity to continue of judge 196.1 Dissolution DIVISION 6.1 Forensic DNA Analysis 196.11 Definitions 196.12 Information for warrant to take bodily substances for forensic DNA analysis 196.13 Telewarrants 196.14 Order — primary designated offences 196.16 Timing of order 196.161 Failure to appear 196.17 When collection to take place 196.18 Report of peace officer 196.19 No criminal or civil liability 196.2 Investigative procedures 196.21 Duty to inform 196.22 Verification 196.23 Destruction of bodily substances, etc. 196.24 Collection of additional bodily substances 196.241 Review by Director of Military Prosecutions 196.25 Order denying access to information used to obtain a warrant DIVISION 6.2 Identification of Accused Persons and Offenders 196.26 Meaning of designated offence 196.27 Fingerprints and photographs 196.28 No liability for acting under this Division 196.29 Destruction of fingerprints, photographs, etc. DIVISION 7 Mental Disorder Interpretation 197 Definitions Current to June 20, 2022 Last amended on June 20, 2022 xv National Defence TABLE OF PROVISIONS Fitness to Stand Trial 198 Presumption of fitness Postponing trial of issue Trial proceeds where accused fit to stand trial Disposition Treatment disposition 202.1 Where Review Board or chairperson sends accused back to court martial 202.11 Accused person to remain in hospital 202.12 Prima facie case 202.121 Recommendation of Review Board Mental Disorder When Offence Committed 202.13 Defence of mental disorder 202.14 Finding of not responsible on account of mental disorder 202.15 Disposition hearing 202.16 Disposition High-Risk Accused 202.161 Application to court martial 202.162 Referral to court martial for review General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports 202.17 Conditions for custody 202.18 No custody or release orders during assessment 202.19 Assessment report 202.2 Effective date of disposition 202.201 Procedure at disposition hearing 202.202 Additional conditions — safety and security 202.21 Status quo pending Review Board’s hearing 202.22 Procedural irregularities 202.23 Definition of justice Protected Statements 202.24 Definition of protected statement Provisions of Criminal Code Applicable 202.25 Powers of Review Board 202.26 Application of ss. 672.67 to 672.71 of Criminal Code to findings Current to June 20, 2022 Last amended on June 20, 2022 xv National Defence TABLE OF PROVISIONS DIVISION 7.1 Sentencing Purpose and Principles of Sentencing by Courts Martial 203.1 Fundamental purpose of sentencing 203.2 Fundamental principle of sentencing 203.3 Other sentencing principles 203.4 Abuse of persons under age of 18 Facts Relevant to the Determination of a Sentence 203.5 Disputed facts Victim Impact Statement 203.6 Duty to consider victim impact statement 203.7 Inquiry by court martial Military Impact Statement 203.71 Military impact statement Community Impact Statement 203.72 Community impact statement Absolute Discharge 203.8 Absolute discharge Restitution 203.81 Court martial to consider restitution order 203.9 Restitution order 203.901 Ability to pay 203.902 Payment under order 203.91 More than one person 203.92 Enforcing restitution order 203.93 Notice of order 203.94 Civil remedy not affected Passing of Sentence 203.95 Only one sentence to be passed DIVISION 8 Provisions Applicable to Imprisonment and Detention Computation of Term 204 Commencement of term Service Prisons and Detention Barracks 205 Service prisons and detention barracks Current to June 20, 2022 Last amended on June 20, 2022 xi National Defence TABLE OF PROVISIONS Suspension of Imprisonment or Detention 215 Suspension of execution of punishment 215.1 Varying conditions 215.2 Hearing into breach of conditions 215.3 Non-appearance of accused person Definition of suspending authority 216.1 Effect of suspension before committal Review and remission Committal to Imprisonment or Detention 219 Committing authority Committal of service convicts Temporary Removal from Incarceration 221 Authority for temporary removal Rules Applicable to Service Convicts and Service Prisoners 222 Rules of penitentiaries and civil prisons to apply Validity of Documents 223 Legalization and rectification Mental Disorder during Imprisonment or Detention 224 Persons in penitentiaries or civil prisons Transfer of Offenders 226 Transfer of offenders Parole Eligibility 226.1 Sentence of imprisonment for life 226.2 Power of court martial to delay parole DIVISION 8.1 Sex Offender Information Interpretation 227 Definitions Order to Comply with the Sex Offender Information Registration Act 227.01 Order 227.02 Date order begins 227.03 Application for termination order Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS 227.04 Termination order 227.05 Requirements relating to notice Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 227.06 Obligation to comply 227.07 Persons who may be served 227.08 Period for and method of service 227.09 Date obligation begins 227.1 Application for exemption order 227.11 Requirements relating to notice 227.12 Application for termination order 227.13 Termination order 227.14 Deemed application Suspension of Time Limits, Proceedings and Obligations 227.15 Determination — inability to act for operational reasons 227.16 Determination — information relating to an operation 227.17 Statutory Instruments Act 227.171 Annual Report Disclosure of Information 227.18 Disclosure 227.19 Disclosure Authorizations, Designations and Regulations 227.2 Regulations by Governor in Council 227.21 Authorization DIVISION 9 Appeals General Provisions 228 Definition of legality and illegal Right to Appeal 230 Appeal by person tried 230.1 Appeal by Minister 230.2 Appeal from order Other rights preserved Entry of Appeals 232 Form Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS Appeals from Dispositions 233 Automatic suspension of certain dispositions Court Martial Appeal Court of Canada 234 Court established Sittings and hearings Superior court of record Expenses Disposition of Appeals by Court Martial Appeal Court of Canada 238 Powers on appeal against finding of guilty Substitution of finding 239.1 Appeal against not guilty finding 239.2 Appeal against decision Substitution of new sentence where illegal sentence set aside 240.1 Appeal against severity of sentence 240.2 Appeal against finding of unfit or not responsible 240.3 Appeal against disposition 240.4 Appeal 240.5 Appeal against order or decision Special power to disallow appeal 241.1 New sentence 241.3 New trial Powers to suspend new punishment Appeal deemed abandoned Rules of Appeal Procedure 244 Chief Justice may make rules Appeal to Supreme Court of Canada 245 Appeal by person tried DIVISION 10 Release Pending Appeal 248.1 Release by court martial 248.2 Release by judge of the CMAC 248.3 Court may direct release 248.4 Right of representative of Canadian Forces 248.5 Undertaking if application granted 248.6 Release from detention or imprisonment 248.7 Return to duty Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS 248.8 Review of conditions 248.81 Breach of undertaking 248.82 Rules 248.9 Appeal to CMAC 248.91 Surrender into custody DIVISION 11 Petition for New Trial 249 Right to petition on new evidence 249.1 Royal prerogative DIVISION 12 Miscellaneous Provisions Right to be Represented 249.17 Right to be represented Defence Counsel Services 249.18 Appointment 249.19 Duties and functions 249.2 Relationship to Judge Advocate General 249.21 Barristers and advocates to assist Witnesses at Courts Martial and before Commissioners 249.22 Summonses to witnesses Warrant for Arrest on Non-Appearance of Accused 249.23 Non-appearance of accused Effect of New Punishment 249.24 Force and effect Restitution of Property 249.25 Restitution of property Reference to Ranks 249.26 Reference to ranks Criminal Record 249.27 Convictions for certain offences PART IV Complaints About or by Military Police Interpretation 250 Definitions Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS DIVISION 1 Military Police Complaints Commission Establishment and Organization 250.1 Commission established Chairperson 250.11 Chief executive officer Head Office 250.12 Head Office Staff 250.13 Staff Duty to Act Expeditiously 250.14 Duty to act expeditiously Rules 250.15 Rules Immunity 250.16 Protection of members Annual Report 250.17 Annual Report DIVISION 2 Complaints SUBDIVISION 1 Right to Complain Conduct Complaints 250.18 Complaints about military police Interference Complaints 250.19 Complaints by military police Time Limit 250.2 Time limit To Whom Complaint May be Made 250.21 To whom complaint may be made 250.22 Notice to subject of conduct complaint 250.23 Notice to subject of interference complaint Withdrawal of Complaint 250.24 Withdrawal Record of Complaints 250.25 Record of complaints Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS Subdivision 2 Disposal of Conduct Complaints 250.26 Provost Marshal responsible 250.261 Deadline for resolving or disposing of complaint 250.27 Informal resolution 250.28 Duty to investigate 250.29 Report on investigation 250.3 Status reports Review by Complaints Commission 250.31 Reference to Complaints Commission 250.32 Review by Chairperson 250.33 Status reports SUBDIVISION 3 Disposal of Interference Complaints 250.34 Responsibility 250.35 Duty to investigate 250.36 Report on investigation 250.37 Status reports DIVISION 3 Investigations and Hearings by Complaints Commission 250.38 Public interest 250.39 Report on investigation 250.4 Assignment of members to conduct hearing 250.41 Powers 250.42 Hearing in public 250.43 Notice of hearing 250.44 Rights of persons interested 250.45 Witness not excused from testifying 250.46 Expenses 250.47 Return of documents, etc. 250.48 Report DIVISION 4 Review and Final Report 250.49 Review — conduct complaint 250.5 Review — interference complaint 250.51 Notice of action 250.52 Notice of action 250.53 Final report by Chairperson Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS PART V Miscellaneous Provisions Having General Application Oaths 251 Oaths 251.1 Solemn affirmation instead of oath Witness Fees and Allowances 251.2 Witness fees and allowances Disposal by Civil Authorities of Deserters and Absentees without Leave 252 Definition of justice Disposal of person brought before justice Delivery by constable into service custody Certificate of Civil Courts 255 Transmission of certificate where person tried civilly Duties respecting Incarceration 256 Execution of warrants Manoeuvres 257 Authorization by Minister Compensation Exemption from Tolls 261 Duties or tolls on roads, bridges, etc. Ships in Convoy 262 Master of merchant ship to obey convoying officer Salvage 263 Crown may claim for salvage services Consent of Minister to salvage claim Minister may accept offers of settlement Limitation or Prescription Periods, Liability and Exemptions 267 Restriction of execution against officers and noncommissioned members Exemption from jury service Limitation or prescription period Actions barred Compensation 271 Compensation to certain public service employees Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS Dependants 272 Arrest of dependants Jurisdiction of Civil Courts 273 Offences committed outside Canada Inspections 273.1 Regulations Searches 273.2 Searches 273.3 Warrant by commanding officer 273.4 Investigating commanding officer 273.5 Military police Public Service 273.6 Public service Independent Review 273.601 Review PART V.1 [Repealed, 2019, c. 13, s. 84] PART VI Aid of the Civil Power 274 Definition of attorney general Riot or disturbance Exception in case of certain reserves Attorney general of province may requisition aid Call out of Canadian Forces Form of requisition What requisition must state Inquiry and report by attorney general When officers and non-commissioned members have powers of constables Duration, increase and diminution of aid of civil power Advances Current to June 20, 2022 Last amended on June 20, 2022 xx National Defence TABLE OF PROVISIONS PART VII Offences Triable by Civil Courts Application 286 Liability to civil trial Limitation period Offences 288 Breach of regulations respecting defence establishments, works and materiel False answer on enrolment False medical certificate Unlawful usage in advertising, trade or service Personation False representation of desertion Failure to attend parade Neglecting personal equipment Interruption or hindering of training or march Hampering manoeuvres Unlawful disposal, removal or possession of property Accessories to desertion and absence without leave Aid to intending deserters or absentees Miscellaneous offences Offences of contempt Publication prohibited 303.1 Failure to comply — orders under sections 183.5 and 183.6 Breach of regulations respecting quartering, billeting and encamping Improper exaction of tolls Failure to comply with convoy orders Applications for employment SCHEDULE Current to June 20, 2022 Last amended on June 20, 2022 xxv R.S.C., 1985, c. N-5 An Act respecting national defence Short Title Short title 1 This Act may be cited as the National Defence Act. R.S., c. N-4, s. 1. Interpretation Definitions 2 (1) In this Act, aircraft means flying machines and guided missiles that derive their lift in flight chiefly from aerodynamic forces, and flying devices that are supported chiefly by their buoyancy in air, and includes any aeroplane, balloon, kite balloon, airship, glider or kite; (aéronef) aircraft material means engines, fittings, armament, ammunition, bombs, missiles, gear, instruments and apparatus, used or intended for use in connection with aircraft or the operation thereof, and components and accessories of aircraft and substances used to provide motive power or lubrication for or in connection with aircraft or the operation thereof; (matériel aéronautique) civil court means a court of ordinary criminal jurisdiction in Canada and includes a court of summary jurisdiction; (tribunal civil) civil custody means the holding under arrest or in confinement of a person by the police or other competent civil authority, and includes confinement in a penitentiary or civil prison; (garde civile) civil prison means any prison, jail or other place in Canada in which offenders sentenced by a civil court in Canada to imprisonment for less than two years can be confined, and, if sentenced outside Canada, any prison, jail or other place in which a person, sentenced to that term of imprisonment by a civil court having jurisdiction Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 in the place where the sentence was passed, can for the time being be confined; (prison civile) Code of Service Discipline means the provisions of Part III; (code de discipline militaire) court martial includes a General Court Martial and a Standing Court Martial; (cour martiale) Court Martial Appeal Court means the Court Martial Appeal Court of Canada established by section 234; (Cour d’appel de la cour martiale) criminal organization has the same meaning as in subsection 467.1(1) of the Criminal Code; (organisation criminelle) criminal organization offence means (a) an offence under section 467.11, 467.111, 467.12 or 467.13 of the Criminal Code, or a serious offence committed for the benefit of, at the direction of, or in association with, a criminal organization, or (b) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a); (infraction d’organisation criminelle) defence establishment means any area or structure under the control of the Minister, and the materiel and other things situated in or on any such area or structure; (établissement de défense) Department means the Department of National Defence; (ministère) Deputy Minister means the Deputy Minister of National Defence; (sous-ministre) detention barrack means a place designated as such under subsection 205(1); (caserne disciplinaire) emergency means an insurrection, riot, invasion, armed conflict or war, whether real or apprehended; (état d’urgence) enemy includes armed mutineers, armed rebels, armed rioters and pirates; (ennemi) enrol means to cause any person to become a member of the Canadian Forces; (Version anglaise seulement) finding of not responsible on account of mental disorder means a finding made under subsection 202.14(1); Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 (verdict de non-responsabilité pour cause de troubles mentaux) Grievance Board [Repealed, 2013, c. 24, s. 2] Grievances Committee means the Military Grievances External Review Committee continued by subsection 29.16(1); (Comité des griefs) Her Majesty’s Canadian Ship means any vessel of the Canadian Forces commissioned as a vessel of war; (navire canadien de Sa Majesté) Her Majesty’s Forces means the armed forces of Her Majesty wherever raised, and includes the Canadian Forces; (forces de Sa Majesté) man [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 42] materiel means all public property, other than real property, immovables and money, provided for the Canadian Forces or for any other purpose under this Act, and includes any vessel, vehicle, aircraft, animal, missile, arms, ammunition, clothing, stores, provisions or equipment so provided; (matériels) mental disorder means (troubles mentaux) a disease of the mind; military shall be construed as relating to all or any part of the Canadian Forces; (militaire) military judge includes a reserve force military judge; (juge militaire) military justice means all aspects of the application of the Code of Service Discipline; (justice militaire) military justice system participant means a person who plays a role in the administration of military justice, including (a) the Minister, (b) the Judge Advocate General, (c) an officer and non-commissioned member who acts under the supervision of the Judge Advocate General, (d) a prosecutor and counsel for an accused person, (e) a military judge, (f) a superior commander, a commanding officer and a delegated officer, as defined in section 162.3, Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 (g) a custody review officer, as defined in section 153, (h) a member of a panel of a General Court Martial and an officer and non-commissioned member who has been appointed to be a member of a such a panel, (i) an officer and non-commissioned member who is appointed by a commanding officer for the purpose of supporting a court martial, (j) an officer and non-commissioned member who is authorized to lay or refer a charge, (k) a prospective witness, a witness who has been summoned to appear and a witness who has testified, (l) an officer and non-commissioned member referred to in paragraph (g) of the definition peace officer in section 2 of the Criminal Code, (m) a commanding officer of a service prison or detention barrack and a person who acts under the supervision of such a commanding officer, and (n) a person who acts under the supervision of the Chief Military Judge or the Court Martial Administrator; (personne associée au système de justice militaire) military police means the officers and non-commissioned members appointed under regulations made for the purposes of section 156; (police militaire) Minister means the Minister of National Defence; (ministre) mutiny means collective insubordination or a combination of two or more persons in the resistance of lawful authority in any of Her Majesty’s Forces or in any forces cooperating therewith; (mutinerie) non-commissioned member means any person, other than an officer, who is enrolled in, or who pursuant to law is attached or seconded otherwise than as an officer to, the Canadian Forces; (militaire du rang) non-public property means (a) all money and property, other than issues of materiel, received for or administered by or through messes, institutes or canteens of the Canadian Forces, (b) all money and property contributed to or by officers, non-commissioned members, units or other elements of the Canadian Forces for the collective benefit Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 and welfare of those officers, non-commissioned members, units or other elements, (c) by-products and refuse and the proceeds of the sale thereof to the extent prescribed under subsection 39(2), and (d) all money and property derived from, purchased out of the proceeds of the sale of, or received in exchange for, money and property described in paragraphs (a) to (c); (biens non publics) officer means (a) a person who holds Her Majesty’s commission in the Canadian Forces, (b) a person who holds the rank of officer cadet in the Canadian Forces, and (c) any person who pursuant to law is attached or seconded as an officer to the Canadian Forces; (officier) penitentiary (a) means a penitentiary established under Part I of the Corrections and Conditional Release Act, (b) includes, in respect of any punishment of imprisonment for life or for two years or more imposed outside Canada pursuant to the Code of Service Discipline, any prison or place in which a person sentenced to imprisonment for life or for two years or more by a civil court having jurisdiction in the place where the sentence is imposed can for the time being be confined, and (c) means, in any place outside Canada where there is no prison or place for the confinement of persons sentenced to imprisonment for life or for two years or more, a civil prison; (pénitencier) personal equipment means all materiel issued to an officer or non-commissioned member for the personal wear or other personal use of that officer or non-commissioned member; (équipement personnel) possession [Repealed, 1995, c. 39, s. 175] Provost Marshal [Repealed, 2013, c. 24, s. 2] public property means all money and property of Her Majesty in right of Canada; (biens publics) regular force means the component of the Canadian Forces that is referred to in subsection 15(1); (force régulière) Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 release means the termination of the service of an officer or non-commissioned member in any manner; (libération) reserve force means the component of the Canadian Forces that is referred to in subsection 15(3); (force de réserve) scale of punishments means the scale of punishments as set out in subsection 139(1); (échelle des peines) serious offence means an offence under this Act or an indictable offence under any other Act of Parliament, for which the maximum punishment is imprisonment for five years or more, or an offence that is prescribed by regulation under subsection 467.1(4) of the Criminal Code; (infraction grave) serious personal injury offence means (a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving (i) the use or attempted use of violence against another person, or (ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person, or (b) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code, or an attempt to commit such an offence; (infraction grave contre la personne) service convict means a person who is under a sentence that includes a punishment of imprisonment for life or for two years or more imposed on that person pursuant to the Code of Service Discipline; (condamné militaire) service custody means the holding under arrest or in confinement of a person by the Canadian Forces, and includes confinement in a service prison or detention barrack; (garde militaire) service detainee means a person who is under a sentence that includes a punishment of detention imposed on that person pursuant to the Code of Service Discipline; (détenu militaire) service infraction means a service infraction created by regulations made by the Governor in Council; (manquement d’ordre militaire) Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 service offence means an offence under this Act, the Criminal Code or any other Act of Parliament, committed by a person while subject to the Code of Service Discipline; (infraction d’ordre militaire) service prison means a place designated as such under subsection 205(1); (prison militaire) service prisoner means a person who is under a sentence that includes a punishment of imprisonment for less than two years imposed on that person pursuant to the Code of Service Discipline; (prisonnier militaire) service tribunal [Repealed, 2019, c. 15, s. 2] special force means such component of the Canadian Forces as may be established pursuant to subsection 16(1); (force spéciale) summary hearing means a hearing conducted under section 163; (audience sommaire) summary trial [Repealed, 2019, c. 15, s. 2] superior officer means any officer or non-commissioned member who, in relation to any other officer or non-commissioned member, is by this Act, or by regulations or custom of the service, authorized to give a lawful command to that other officer or non-commissioned member; (supérieur) terrorism offence means (a) an offence under any of sections 83.02 to 83.04 or 83.18 to 83.23 of the Criminal Code, (b) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, that is committed for the benefit of, at the direction of or in association with a terrorist group, (c) an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, where the act or omission constituting the offence also constitutes a terrorist activity, or (d) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in paragraph (a), (b) or (c); (infraction de terrorisme) Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 terrorist activity has the same meaning as in subsection 83.01(1) of the Criminal Code; (activité terroriste) terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code; (groupe terroriste) unfit to stand trial means unable on account of mental disorder to conduct a defence at any stage of a trial by court martial before a finding is made or to instruct counsel to do so, and in particular, unable on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel; (inaptitude à subir son procès) unit means an individual body of the Canadian Forces that is organized as such pursuant to section 17, with the personnel and materiel thereof; (unité) victim means a person against whom a service offence has been committed, or is alleged to have been committed, who has suffered, or is alleged to have suffered, physical or emotional harm, property damage or economic loss as a result of the commission or alleged commission of the offence and includes, for the purposes of Division 1.1 of Part III and sections 202.201, 203.6 and 203.7, a person who has suffered physical or emotional harm, property damage or economic loss as a result of the commission of a service offence against any other person. (victime) Acting on victim’s behalf (1.1) Any of the following individuals may exercise a victim’s rights under Division 1.1 of Part III or may act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81: (a) if the victim is dead or is incapable, other than for operational reasons, of acting on their own behalf, (i) the victim’s spouse or the individual who was at the time of the victim’s death their spouse, (ii) the individual who is, or was at the time of the victim’s death, cohabiting with them in a conjugal relationship, having so cohabited for a period of at least one year, (iii) a relative or dependant of the victim, Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Section 2 (iv) an individual who has in law or fact custody of, or is responsible for the care or support of, the victim, and (v) an individual who has in law or fact custody of, or is responsible for the care or support of, a dependant of the victim; and (b) if, for operational reasons, the victim is unable to act on their own behalf and has requested the appointment of a member of the Canadian Forces to act on their behalf, a member appointed by the Chief of the Defence Staff or any officer authorized by the Chief of Defence Staff. Exception — not a victim (1.2) An individual is not a victim in relation to a service offence, or entitled to exercise a victim’s rights under Division 1.1 of Part III, if the individual is charged with the offence, found guilty of the offence or found unfit to stand trial or not responsible on account of mental disorder in respect of the offence. Exception — acting on victim’s behalf (1.3) An individual is not entitled to act on a victim’s behalf for the purposes of sections 189.1, 202.201, 203.6, 203.7 and 203.81 if the individual is an accused person in relation to the offence or alleged offence that resulted in the victim suffering harm or loss or is an individual who is found guilty of that offence or who is found not responsible on account of mental disorder or unfit to stand trial in respect of that offence. Meaning of possession (2) For the purposes of the Code of Service Discipline and Part VII, (a) a person has anything in possession when the person has it in the person’s personal possession or knowingly (i) has it in the actual possession or custody of another person, or (ii) has it in any place, whether or not that place belongs to or is occupied by the person, for the use or benefit of the person or of another person; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence Interpretation Sections 2-5 (b) where one of two or more persons, with the knowledge and consent of the rest, has anything in the person’s custody or possession, it shall be deemed to be in the custody and possession of each and all of them. R.S., 1985, c. N-5, s. 2; R.S., 1985, c. 31 (1st Supp.), ss. 42, 60; 1991, c. 43, s. 11; 1992, c. 20, s. 216; 1993, c. 34, s. 91(F); 1995, c. 39, s. 175; 1998, c. 35, s. 1; 2001, c. 32, s. 67, c. 41, s. 97; 2004, c. 15, s. 74; 2007, c. 5, s. 1; 2008, c. 29, s. 1; 2013, c. 24, s. 2; 2014, c. 17, s. 17; 2019, c. 15, s. 2; 2019, c. 15, s. 64; 2019, c. 15, s. 65. PART I Department of National Defence Establishment of the Department Formation of department 3 There is hereby established a department of the Government of Canada called the Department of National Defence over which the Minister of National Defence appointed by commission under the Great Seal shall preside. R.S., c. N-4, s. 3. Minister Duties 4 The Minister holds office during pleasure, has the management and direction of the Canadian Forces and of all matters relating to national defence and is responsible for (a) the construction and maintenance of all defence establishments and works for the defence of Canada; and (b) research relating to the defence of Canada and to the development of and improvements in materiel. R.S., 1985, c. N-5, s. 4; R.S., 1985, c. 6 (4th Supp.), s. 10. Designation of person to execute Minister’s functions 5 The Governor in Council, on the recommendation of the Minister, may designate any other person in addition to the Minister to exercise any power or perform any duty or function that is vested in or that may be exercised or performed by the Minister under this Act. R.S., c. N-4, s. 5. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART I Department of National Defence Minister Sections 6-9.1 Associate Minister 6 The Governor General may, by commission under the Great Seal, appoint an Associate Minister of National Defence to hold office during pleasure and to exercise and perform such powers, duties and functions of the Minister as may be assigned to the Associate Minister by the Governor in Council. R.S., c. N-4, s. 6. Deputy Minister Appointment 7 There shall be a Deputy Minister of National Defence who shall be appointed by the Governor in Council to hold office during pleasure. R.S., c. N-4, s. 7. Associate Deputy Ministers 8 The Governor in Council may appoint not more than three Associate Deputy Ministers of National Defence, each of whom shall have the rank and status of a deputy head of a department and as such shall, under the Minister and the Deputy Minister, exercise and perform such powers, duties and functions as deputy of the Minister and otherwise as the Minister may specify. R.S., c. N-4, s. 8. Judge Advocate General Appointment 9 (1) The Governor in Council may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Judge Advocate General of the Canadian Forces. Tenure of office (2) The Judge Advocate General holds office during pleasure for a term not exceeding four years. Re-appointment (3) The Judge Advocate General is eligible to be re-appointed on the expiry of a first or subsequent term of office. R.S., 1985, c. N-5, s. 9; 1998, c. 35, s. 2. Legal adviser 9.1 The Judge Advocate General acts as legal adviser to the Governor General, the Minister, the Department and the Canadian Forces in matters relating to military law. 1998, c. 35, s. 2. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART I Department of National Defence Judge Advocate General Sections 9.2-10.1 Superintendence of military justice 9.2 (1) The Judge Advocate General has the superintendence of the administration of military justice in the Canadian Forces. Regular reviews (2) The Judge Advocate General shall conduct, or cause to be conducted, regular reviews of the administration of military justice. 1998, c. 35, s. 2. Responsible to Minister 9.3 (1) The Judge Advocate General is responsible to the Minister in the performance of the Judge Advocate General’s duties and functions. Annual report (2) The Judge Advocate General shall report annually to the Minister on the administration of military justice in the Canadian Forces. Tabling in Parliament (3) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. 1998, c. 35, s. 2. Rank 9.4 The Judge Advocate General holds a rank that is not less than brigadier-general. 1998, c. 35, s. 2. Authority to act for Judge Advocate General 10 The powers of the Judge Advocate General may be exercised, and the duties and functions of the Judge Advocate General may be performed, by any other officer who has the qualifications set out in subsection 9(1) that the Minister may authorize to act for the Judge Advocate General for that purpose. R.S., 1985, c. N-5, s. 10; 1998, c. 35, s. 2. Non-derogation 10.1 For greater certainty, section 9.1 is not in derogation of the authority of the Minister of Justice and Attorney General of Canada under the Department of Justice Act. 1998, c. 35, s. 2. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART I Department of National Defence Materiel Sections 11-12 Materiel Delivery of materiel for sale or disposal 11 The Governor in Council may authorize the Minister to deliver to any department or agency of the Government of Canada, for sale or disposal to any countries or international welfare organizations and on any terms that the Governor in Council may determine, any materiel that has not been declared surplus and is not immediately required for the use of the Canadian Forces or for any other purpose under this Act. R.S., 1985, c. N-5, s. 11; 1998, c. 35, s. 3. Regulations Power of Governor in Council to make regulations 12 (1) The Governor in Council may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect. Minister’s power to make regulations (2) Subject to section 13 and any regulations made by the Governor in Council, the Minister may make regulations for the organization, training, discipline, efficiency, administration and good government of the Canadian Forces and generally for carrying the purposes and provisions of this Act into effect. Treasury Board’s power to make regulations (3) The Treasury Board may make regulations (a) prescribing the rates and conditions of issue of pay of military judges, the Director of Military Prosecutions and the Director of Defence Counsel Services; (b) prescribing the forfeitures and deductions to which the pay and allowances of officers and noncommissioned members are subject; and (c) providing for any matter concerning the pay, allowances and reimbursement of expenses of officers and non-commissioned members for which the Treasury Board considers regulations are necessary or desirable to carry out the purposes or provisions of this Act. Retroactive effect (4) Regulations made under paragraph (3)(a) may, if they so provide, have retroactive effect. However, regulations that prescribe the rates and conditions of issue of pay of military judges may not have effect Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART I Department of National Defence Regulations Sections 12-15 (a) in the case of an inquiry under section 165.34, before the day referred to in subsection 165.34(3) on which the inquiry that leads to the making of the regulations is to commence; or (b) in the case of an inquiry under section 165.35, before the day on which the inquiry that leads to the making of the regulations commences. R.S., 1985, c. N-5, s. 12; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 4; 2013, c. 24, s. 3. Limitation on Minister’s power 13 Where in any section of this Act, other than section 12, there is express reference to regulations made or prescribed by the Governor in Council or the Treasury Board in respect of any matter, the Minister does not have power to make regulations pertaining to that matter. R.S., c. N-4, s. 13. Military Police Professional Code of Conduct 13.1 The Governor in Council may make regulations, to be known as the Military Police Professional Code of Conduct, to govern the conduct of members of the military police. 1998, c. 35, s. 5. PART II The Canadian Forces Constitution Canadian Forces 14 The Canadian Forces are the armed forces of Her Majesty raised by Canada and consist of one Service called the Canadian Armed Forces. R.S., c. N-4, s. 14. Regular force 15 (1) There shall be a component of the Canadian Forces, called the regular force, that consists of officers and non-commissioned members who are enrolled for continuing, full-time military service. Composition of regular force (2) The maximum numbers of officers and non-commissioned members in the regular force shall be as authorized by the Governor in Council, and the regular force shall include such units and other elements as are embodied therein. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Constitution Sections 15-16 Reserve force (3) There shall be a component of the Canadian Forces, called the reserve force, that consists of officers and noncommissioned members who are enrolled for other than continuing, full-time military service when not on active service. Composition of reserve force (4) The maximum numbers of officers and non-commissioned members in the reserve force shall be as authorized by the Governor in Council, and the reserve force shall include such units and other elements as are embodied therein. R.S., 1985, c. N-5, s. 15; R.S., 1985, c. 31 (1st Supp.), s. 60. Special force 16 (1) In an emergency, or if considered desirable in consequence of any action undertaken by Canada under the United Nations Charter or the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party, the Governor in Council may establish and authorize the maintenance of a component of the Canadian Forces, called the special force, consisting of (a) officers and non-commissioned members of the regular force who are placed in the special force under conditions prescribed in regulations; (b) officers and non-commissioned members of the reserve force who, being on active service or having applied and been accepted for continuing, full-time military service, are placed in the special force under conditions prescribed in regulations; and (c) officers and non-commissioned members not of the regular force or the reserve force who are enrolled in the special force for continuing, full-time military service. Composition of special force (2) The maximum numbers of officers and non-commissioned members in the special force shall be as authorized by the Governor in Council, and the special force shall include such units and other elements as are embodied therein. R.S., 1985, c. N-5, s. 16; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 75. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Units and Other Elements Sections 17-18.1 Units and Other Elements Organization 17 (1) The Canadian Forces shall consist of those of the following elements that are from time to time organized by or under the authority of the Minister: (a) commands, including the Royal Canadian Navy, the Canadian Army and the Royal Canadian Air Force; (b) formations; (c) units; and (d) other elements. Components (2) A unit or other element organized under subsection (1), other than a command or a formation, shall from time to time be embodied in a component of the Canadian Forces as directed by or under the authority of the Minister. R.S., 1985, c. N-5, s. 17; 2014, c. 20, s. 168. Chief of the Defence Staff Appointment, rank and duties of Chief of Defence Staff 18 (1) The Governor in Council may appoint an officer to be the Chief of the Defence Staff, who shall hold such rank as the Governor in Council may prescribe and who shall, subject to the regulations and under the direction of the Minister, be charged with the control and administration of the Canadian Forces. Responsibility and channels of communication (2) Unless the Governor in Council otherwise directs, all orders and instructions to the Canadian Forces that are required to give effect to the decisions and to carry out the directions of the Government of Canada or the Minister shall be issued by or through the Chief of the Defence Staff. R.S., c. N-4, s. 18. Vice Chief of the Defence Staff 18.1 There shall be an officer appointed by the Chief of the Defence Staff to be the Vice Chief of the Defence Staff. 1998, c. 35, s. 6. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Chief of the Defence Staff Sections 18.2-18.4 Absence or incapacity of Chief of the Defence Staff 18.2 In the event of the absence or incapacity of the Chief of the Defence Staff, the Vice Chief of the Defence Staff, or any other officer that is specified by the Minister or the Chief of the Defence Staff, has the control and administration of the Canadian Forces. 1998, c. 35, s. 6. Canadian Forces Provost Marshal Appointment 18.3 (1) The Chief of the Defence Staff may appoint an officer who has been a member of the military police for at least 10 years to be the Canadian Forces Provost Marshal (in this Act referred to as the “Provost Marshal”). Rank (2) The Provost Marshal holds a rank that is not less than colonel. Tenure of office and removal (3) The Provost Marshal holds office during good behaviour for a term not exceeding four years. The Chief of the Defence Staff may remove the Provost Marshal from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council. Powers of inquiry committee (4) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Reappointment (5) The Provost Marshal is eligible to be reappointed on the expiry of a first or subsequent term of office. 2013, c. 24, s. 4. Duties and functions 18.4 The Provost Marshal’s responsibilities include Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Canadian Forces Provost Marshal Sections 18.4-18.6 (a) investigations conducted by any unit or other element under his or her command; (b) the establishment of selection and training standards applicable to candidates for the military police and the ensuring of compliance with those standards; (c) the establishment of training and professional standards applicable to the military police and the ensuring of compliance with those standards; and (d) investigations in respect of conduct that is inconsistent with the professional standards applicable to the military police or the Military Police Professional Code of Conduct. 2013, c. 24, s. 4. General supervision 18.5 (1) The Provost Marshal acts under the general supervision of the Vice Chief of the Defence Staff in respect of the responsibilities described in paragraphs 18.4(a) to (d). General instructions or guidelines (2) The Vice Chief of the Defence Staff may issue general instructions or guidelines in writing in respect of the responsibilities described in paragraphs 18.4(a) to (d). The Provost Marshal shall ensure that they are available to the public. Specific instructions or guidelines (3) The Vice Chief of the Defence Staff may issue instructions or guidelines in writing in respect of a particular investigation. Availability to public (4) The Provost Marshal shall ensure that instructions and guidelines issued under subsection (3) are available to the public. Exception (5) Subsection (4) does not apply in respect of an instruction or guideline, or of a part of one, if the Provost Marshal considers that it would not be in the best interests of the administration of justice for the instruction or guideline, or that part of it, to be available to the public. 2013, c. 24, s. 4. Annual report 18.6 The Provost Marshal shall, within three months after the end of each fiscal year, submit to the Chief of the Defence Staff a report concerning the activities of the Provost Marshal and the military police during the year. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Canadian Forces Provost Marshal Sections 18.6-22 The Chief of the Defence Staff shall submit the report to the Minister. 2013, c. 24, s. 4. Powers of Command Authority of officers and non-commissioned members 19 The authority and powers of command of officers and non-commissioned members shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 19; R.S., 1985, c. 31 (1st Supp.), s. 60. Enrolment Commissioned officers 20 (1) Commissions of officers in the Canadian Forces shall be granted by Her Majesty during pleasure. Officer cadets and non-commissioned members (2) Persons shall be enrolled as officer cadets or as noncommissioned members for indefinite or fixed periods of service as may be prescribed in regulations made by the Governor in Council. When consent of parent or guardian required (3) A person under the age of eighteen years shall not be enrolled without the consent of one of the parents or of the guardian of that person. R.S., 1985, c. N-5, s. 20; R.S., 1985, c. 31 (1st Supp.), s. 60. Ranks of officers and non-commissioned members 21 (1) For the purposes of this Act, the ranks of the officers and non-commissioned members of the Canadian Forces shall be as set out in the schedule. Designation (2) A person holding a rank set out in the schedule shall use, or be referred to by, a designation of rank prescribed in regulations made by the Governor in Council but only in the circumstances prescribed in those regulations. R.S., 1985, c. N-5, s. 21; R.S., 1985, c. 31 (1st Supp.), s. 60; 2014, c. 20, s. 169. Numbers in ranks and trade groups 22 The maximum number of persons in each rank and trade group of the Canadian Forces shall be determined as prescribed in regulations made by the Governor in Council. R.S., c. N-4, s. 22. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Enrolment Sections 23-26 Obligation to serve 23 (1) The enrolment of a person binds the person to serve in the Canadian Forces until the person is, in accordance with regulations, lawfully released. Oaths and declarations on enrolment (2) Oaths and declarations required on enrolment shall be taken and subscribed before commissioned officers or justices of the peace and shall be in such forms as may be prescribed in regulations. R.S., c. N-4, s. 23. Consent to transfer 24 No officer or non-commissioned member shall be transferred from the regular force to the reserve force or from the reserve force to the regular force unless the officer or non-commissioned member consents to the transfer. R.S., 1985, c. N-5, s. 24; R.S., 1985, c. 31 (1st Supp.), s. 60. Effect of receipt of pay if not enrolled 25 A person who, although not enrolled or re-engaged for service, has received pay as an officer or non-commissioned member is, until the person claims to be released and is released, deemed to be an officer or non-commissioned member, as the case may be, of that component of the Canadian Forces through which the pay was received and to be subject to this Act as if the person were such an officer or non-commissioned member duly enrolled or re-engaged for service. R.S., 1985, c. N-5, s. 25; R.S., 1985, c. 31 (1st Supp.), s. 60. Effect of receipt of pay if irregularly enrolled 26 (1) A person who, although erroneously or irregularly enrolled or re-engaged, has received pay as an officer or non-commissioned member of that component of the Canadian Forces in which the person was so enrolled or re-engaged, is deemed to be an officer or non-commissioned member, as the case may be, regularly enrolled or re-engaged, and is not, except as provided in subsection (2), entitled to be released on the ground of the error or irregularity. Provision for release (2) A person who is, by virtue of subsection (1), deemed to be an officer or non-commissioned member and who claims to be released within three months after the date of commencement of the pay and establishes the error or irregularity referred to in that subsection shall, except when on active service or during an emergency, be released. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Enrolment Sections 26-29 Method of release (3) The commanding officer of a person who claims to be released on the ground of not having been enrolled or reengaged, or not having been regularly enrolled or re-engaged, shall forthwith forward the claim to the authority having power to effect the release and the person, if entitled to be released, shall be released with all convenient speed. R.S., 1985, c. N-5, s. 26; R.S., 1985, c. 31 (1st Supp.), s. 60. Attachment and Secondment Manner and conditions of attachment and secondment 27 An officer or non-commissioned member may be attached or seconded to another component of the Canadian Forces or to any department or agency of government, any public or private institution, private industry or any other body in such manner and under such conditions as are prescribed in any other Act or in regulations, but no officer or non-commissioned member of the reserve force who is not on active service shall be attached or seconded pursuant to this section unless the officer or non-commissioned member consents to the attachment or secondment. R.S., 1985, c. N-5, s. 27; R.S., 1985, c. 31 (1st Supp.), s. 60. Promotion Authority to promote 28 Subject to section 22 and to regulations, officers and non-commissioned members may be promoted by the Minister or by such authorities of the Canadian Forces as are prescribed in regulations made by the Governor in Council. R.S., 1985, c. N-5, s. 28; R.S., 1985, c. 31 (1st Supp.), s. 60. Grievances Right to grieve 29 (1) An officer or non-commissioned member who has been aggrieved by any decision, act or omission in the administration of the affairs of the Canadian Forces for which no other process for redress is provided under this Act is entitled to submit a grievance. Exceptions (2) There is no right to grieve in respect of (a) a decision of a court martial or the Court Martial Appeal Court; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Grievances Sections 29-29.11 (b) a decision of a board, commission, court or tribunal established other than under this Act; or (c) a matter or case prescribed by the Governor in Council in regulations. Military judges (2.1) A military judge may not submit a grievance in respect of a matter that is related to the exercise of his or her judicial duties. Manner and conditions (3) A grievance must be submitted in the manner and in accordance with the conditions prescribed in regulations made by the Governor in Council. No penalty for grievance (4) An officer or non-commissioned member may not be penalized for exercising the right to submit a grievance. Correction of error (5) Notwithstanding subsection (4), any error discovered as a result of an investigation of a grievance may be corrected, even if correction of the error would have an adverse effect on the officer or non-commissioned member. R.S., 1985, c. N-5, s. 29; R.S., 1985, c. 31 (1st Supp.), s. 43; 1998, c. 35, s. 7; 2013, c. 24, s. 5. Authorities for determination of grievances 29.1 (1) The initial authority and subsequent authorities who may consider and determine grievances are the authorities designated in regulations made by the Governor in Council. Different authorities (2) The regulations may provide that different types of grievances may be considered and determined by different authorities. 1998, c. 35, s. 7. Grievances submitted by military judges 29.101 Despite subsection 29.1(1), a grievance submitted by a military judge shall be considered and determined by the Chief of the Defence Staff. 2013, c. 24, s. 6. Final authority 29.11 The Chief of the Defence Staff is the final authority in the grievance process and shall deal with all matters as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 7; 2013, c. 24, s. 6. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Grievances Sections 29.12-29.14 Referral to Grievances Committee 29.12 (1) The Chief of the Defence Staff shall refer every grievance that is of a type prescribed in regulations made by the Governor in Council, and every grievance submitted by a military judge, to the Grievances Committee for its findings and recommendations before the Chief of the Defence Staff considers and determines the grievance. The Chief of the Defence Staff may refer any other grievance to the Grievances Committee. Material to be provided to Board (2) When referring a grievance to the Grievances Committee, the Chief of the Defence Staff shall provide the Grievances Committee with a copy of (a) the written submissions made to each authority in the grievance process by the officer or non-commissioned member presenting the grievance; (b) any decision made by an authority in respect of the grievance; and (c) any other information under the control of the Canadian Forces that is relevant to the grievance. 1998, c. 35, s. 7; 2013, c. 24, ss. 7, 106(E). Chief of the Defence Staff not bound 29.13 (1) The Chief of the Defence Staff is not bound by any finding or recommendation of the Grievances Committee. Reasons (2) The Chief of the Defence Staff shall provide reasons for his or her decision in respect of a grievance if (a) the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee; or (b) the grievance was submitted by a military judge. 1998, c. 35, s. 7; 2013, c. 24, ss. 8, 106(E). Delegation 29.14 (1) The Chief of the Defence Staff may delegate any of his or her powers, duties or functions as final authority in the grievance process to an officer who is directly responsible to the Chief of the Defence Staff, except that (a) a grievance submitted by an officer may be delegated only to an officer of equal or higher rank; and (b) a grievance submitted by a military judge may not be delegated. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Grievances Sections 29.14-29.16 Conflict of interest (2) An officer who is placed in a real, apparent or potential conflict of interest as a result of a delegation may not act as final authority in respect of the grievance and shall advise the Chief of the Defence Staff in writing without delay. Subdelegation (3) The Chief of the Defence Staff may not delegate the power to delegate under subsection (1). 1998, c. 35, s. 7; 2013, c. 24, s. 9. Decision is final 29.15 A decision of a final authority in the grievance process is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. 1998, c. 35, s. 7; 2002, c. 8, s. 182. Military Grievances External Review Committee Grievances Committee 29.16 (1) The Canadian Forces Grievance Board is continued as the Military Grievances External Review Committee, consisting of a Chairperson, at least two ViceChairpersons and any other members appointed by the Governor in Council that are required to allow it to perform its functions. Full- or part-time (2) The Chairperson and one Vice-Chairperson are each full-time members and the other members may be appointed as full-time or part-time members. Tenure and removal (3) Each member holds office during good behaviour for a term not exceeding four years but may be removed by the Governor in Council for cause. Re-appointment (4) A member is eligible to be re-appointed on the expiry of a first or subsequent term of office. Duties of full-time members (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Military Grievances External Review Committee Section 29.16 Conflict of interest — part-time members (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act. Remuneration (7) Members who are not officers or non-commissioned members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council. Travel and living expenses (8) Members who are not officers or non-commissioned members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives. Status of members (9) Members who are not officers or non-commissioned members are deemed (a) to be employed in the public service for the purposes of the Public Service Superannuation Act; (b) to be employees for the purposes of the Government Employees Compensation Act; and (c) to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act. Secondment (10) An officer or a non-commissioned member who is appointed as a member of the Grievances Committee shall be seconded to the Grievances Committee in accordance with section 27. Oath of office (11) Every member shall, before commencing the duties of office, take the following oath of office: I, ............. , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Grievances External Review Committee in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Grievances External Review Committee, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.) 1998, c. 35, s. 7; 2003, c. 22, ss. 224(E), 225(E); 2013, c. 24, s. 11. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Military Grievances External Review Committee Sections 29.16-29.2 Chairperson 29.17 (1) The Chairperson is the chief executive officer of the Grievances Committee and has supervision over and direction of its work and staff. Absence or incapacity (2) In the event of the absence or incapacity of the Chairperson or if that office is vacant, the Minister may authorize a Vice-Chairperson to exercise the powers and perform the duties and functions of the Chairperson. Delegation (3) The Chairperson may delegate to a Vice-Chairperson any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 29.28(1). 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Head office 29.18 The head office of the Grievances Committee shall be at the place in Canada designated by the Governor in Council. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Staff 29.19 (1) The employees that are necessary for the proper conduct of the work of the Grievances Committee shall be appointed in accordance with the Public Service Employment Act. Experts (2) The Grievances Committee may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Grievances Committee in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Duties and functions 29.2 (1) The Grievances Committee shall review every grievance referred to it by the Chief of the Defence Staff and provide its findings and recommendations in writing to the Chief of the Defence Staff and the officer or noncommissioned member who submitted the grievance. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Military Grievances External Review Committee Sections 29.2-29.24 Duty to act expeditiously (2) The Grievances Committee shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Powers 29.21 The Grievances Committee has, in relation to the review of a grievance referred to it, the power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it; (b) to administer oaths; and (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Restriction 29.22 The Grievances Committee may not receive or accept any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Witness not excused from testifying 29.23 (1) No witness shall be excused from answering any question relating to a grievance before the Grievances Committee when required to do so by the Grievances Committee on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Expenses 29.24 Travel and living expenses incurred in appearing before the Grievances Committee shall, in the discretion of the Grievances Committee, be paid, in accordance with applicable Treasury Board directives, to the officer or non-commissioned member whose grievance is being Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Military Grievances External Review Committee Sections 29.24-29.28 heard, and to that person’s assisting officer or counsel, if the Grievances Committee holds a hearing at a place in Canada that is not their ordinary place of residence. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Return of documents, etc. 29.25 Documents and things presented to the Grievances Committee at a hearing shall, on request, be returned to the person who presented them within a reasonable time after the Grievances Committee has provided its findings and recommendations to the Chief of the Defence Staff. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Rules 29.26 (1) The Chairperson may make rules respecting (a) the manner of dealing with grievances referred to the Grievances Committee, including the conduct of investigations and hearings by the Grievances Committee; (b) the apportionment of the work of the Grievances Committee among its members and the assignment of members to review grievances; and (c) the performance of the duties and functions of the Grievances Committee. Hearings in private (2) A hearing of the Grievances Committee is to be held in private, unless the Chairperson, having regard to the interests of the persons participating in the hearing and the interest of the public, directs that the hearing or any part of it be held in public. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Protection of members 29.27 No criminal or civil proceedings lie against any member of the Grievances Committee, or against any person acting on its behalf, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Grievances Committee. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Annual report 29.28 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the activities of the Grievances Committee during that year and its recommendations, if any. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Military Grievances External Review Committee Sections 29.28-30 Tabling in Parliament (2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. 1998, c. 35, s. 7; 2013, c. 24, s. 106(E). Release Entitlement 30 (1) Except during an emergency, an officer or noncommissioned member who is not on active service is entitled to be released at the expiration of the term of service for which the officer or non-commissioned member is enrolled or re-engaged. Effect of illegal absence (2) Except as may be prescribed in regulations made by the Governor in Council, any period during which an officer or non-commissioned member is in a state of desertion or is absent without leave shall not be reckoned toward the completion of the term of service for which that officer or non-commissioned member was enrolled or reengaged. Exception in emergency or when on active service (3) Where the term of service for which an officer or non-commissioned member is enrolled or re-engaged expires during an emergency or when the officer or noncommissioned member is on active service or within one year after the expiration of an emergency or after he has ceased to be on active service, the officer or non-commissioned member is liable to serve until the expiration of one year after the emergency has ceased to exist or after he has ceased to be on active service, as the case may be. Reinstatement (4) Subject to regulations made by the Governor in Council, where (a) an officer or non-commissioned member has been released from the Canadian Forces or transferred from one component to another by reason of a sentence of dismissal or a finding of guilty by a court martial or any civil court, and (b) the sentence or finding ceases to have force and effect as a result of a decision of a competent authority, the release or transfer may be cancelled, with the consent of the officer or non-commissioned member concerned, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Release Sections 30-32 who shall thereupon, except as provided in those regulations, be deemed for the purpose of this Act or any other Act not to have been so released or transferred. R.S., 1985, c. N-5, s. 30; R.S., 1985, c. 31 (1st Supp.), s. 60; 2019, c. 15, s. 3. Active Service Placing forces on active service 31 (1) The Governor in Council may place the Canadian Forces or any component, unit or other element thereof or any officer or non-commissioned member thereof on active service anywhere in or beyond Canada at any time when it appears advisable to do so (a) by reason of an emergency, for the defence of Canada; (b) in consequence of any action undertaken by Canada under the United Nations Charter; or (c) in consequence of any action undertaken by Canada under the North Atlantic Treaty, the North American Aerospace Defence Command Agreement or any other similar instrument to which Canada is a party. When officers and non-commissioned members deemed on active service (2) An officer or non-commissioned member who (a) is a member of, serving with, or attached or seconded to, a component, unit or other element of the Canadian Forces that has been placed on active service, (b) has been placed on active service, or (c) pursuant to law has been attached or seconded to a portion of a force that has been placed on active service, shall be deemed to be on active service for all purposes. R.S., 1985, c. N-5, s. 31; R.S., 1985, c. 31 (1st Supp.), s. 60; 2004, c. 15, s. 76. Proclamation for meeting of Parliament 32 Whenever the Governor in Council places the Canadian Forces or any component or unit thereof on active service, if Parliament is then separated by an adjournment or prorogation that will not expire within ten days, a proclamation shall be issued for the meeting of Parliament within ten days, and Parliament shall accordingly meet and sit on the day appointed by the proclamation, and shall continue to sit and act in like manner as if it had stood adjourned or prorogued to the same day. R.S., c. N-4, s. 32. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Service Sections 33-35 Service Liability in case of regular force 33 (1) The regular force, all units and other elements thereof and all officers and non-commissioned members thereof are at all times liable to perform any lawful duty. Liability in case of reserve force (2) The reserve force, all units and other elements thereof and all officers and non-commissioned members thereof (a) may be ordered to train for such periods as are prescribed in regulations made by the Governor in Council; and (b) may be called out on service to perform any lawful duty other than training at such times and in such manner as by regulations or otherwise are prescribed by the Governor in Council. Exception in case of reserve force (3) Nothing in subsection (2) shall be deemed to impose liability to serve as prescribed therein, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only. Meaning of duty (4) In this section, duty means any duty that is military in nature and includes any duty involving public service authorized under section 273.6. R.S., 1985, c. N-5, s. 33; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 8. Limitation on Deployment Persons under eighteen 34 A person who is under the age of eighteen years may not be deployed by the Canadian Forces to a theatre of hostilities. R.S., 1985, c. N-5, s. 34; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 9; 2000, c. 13, s. 1. Pay and Allowances Treasury Board to establish 35 (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than military judges, shall be established by the Treasury Board. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Pay and Allowances Sections 35-38 Reimbursements and allowances (2) The payments that may be made to officers and noncommissioned members by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their service shall be determined and regulated by the Treasury Board. R.S., 1985, c. N-5, s. 35; R.S., 1985, c. 31 (1st Supp.), s. 60(E); 1998, c. 35, s. 10. Supply and Issue of Materiel Ministerial approval 36 The materiel supplied to or used by the Canadian Forces shall be of such type, pattern and design and shall be issued on such scales and in such manner as the Minister, or such authorities of the Canadian Forces as are designated by the Minister for that purpose, may approve. R.S., c. N-4, s. 36. Public Property Liability for loss or damage 37 The conditions under which and the extent to which an officer or non-commissioned member is liable to Her Majesty in respect of loss of or damage to public property shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 37; R.S., 1985, c. 31 (1st Supp.), s. 60. Non-public Property Non-public property of units 38 (1) The non-public property of a unit or other element of the Canadian Forces shall vest in the officer from time to time in command of that unit or other element, and shall be used for the benefit of officers and non-commissioned members or for any other purpose approved by the Chief of the Defence Staff in the manner and to the extent authorized by the Chief of the Defence Staff. Non-public property of disbanded units (2) The non-public property of every disbanded unit or other disbanded element of the Canadian Forces vested in the officer in command of that unit or other element shall pass to and vest in the Chief of the Defence Staff, and may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Non-public Property Sections 38-41 Non-public property of units or elements in altered circumstances (3) Where, by reason of a substantial reduction in the number of officers and non-commissioned members serving in a unit or other element of the Canadian Forces or by reason of a change in the location or other conditions of service of a unit or other element, the Chief of the Defence Staff considers it desirable to do so, he may direct that the non-public property or any part thereof that is vested in the officer in command of that unit or other element shall pass to and be vested in the Chief of the Defence Staff on the terms set out in subsection (2). R.S., 1985, c. N-5, s. 38; R.S., 1985, c. 31 (1st Supp.), s. 60. Other non-public property 39 (1) Non-public property acquired by contribution but not contributed to any specific unit or other element of the Canadian Forces shall vest in the Chief of the Defence Staff and, subject to any specific directions by the contributor as to its disposal, may be disposed of at the discretion and direction of the Chief of the Defence Staff for the benefit of all or any officers and non-commissioned members or former officers and non-commissioned members, or their dependants. By-products and refuse (2) By-products and refuse derived from rations and other consumable stores issued to the Canadian Forces for use in service kitchens, and the proceeds of the sale thereof, shall, to the extent that the Governor in Council may prescribe, be non-public property. Alienation of non-public property (3) Except as authorized by the Chief of the Defence Staff, no gift, sale or other alienation or attempted alienation of non-public property is effectual to pass the property therein. R.S., 1985, c. N-5, s. 39; R.S., 1985, c. 31 (1st Supp.), s. 60. Liability for loss or damage 40 The conditions under which and the extent to which an officer or non-commissioned member is liable to make restitution or reimbursement in respect of loss of or damage to non-public property resulting from the negligence or misconduct of that officer or noncommissioned member shall be as prescribed by the Minister. R.S., 1985, c. N-5, s. 40; R.S., 1985, c. 31 (1st Supp.), s. 60. Ministerial directions 41 (1) The Chief of the Defence Staff shall exercise his authority under subsections 38(1) and (2) and 39(1) subject to any directions that may be given to him by the Minister for carrying the purposes and provisions of this section and sections 38 to 40 into effect. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Non-public Property Sections 41-43 Audit (2) Non-public property accounts shall be audited as the Minister may from time to time direct. Special provision (3) The Financial Administration Act does not apply to non-public property. R.S., c. N-4, s. 38. Service Estates Collection, administration and distribution 42 (1) The service estates of officers and non-commissioned members who die during their service in the Canadian Forces may be collected, administered and distributed in whole or in part as prescribed in regulations made by the Governor in Council. Definition of service estate (2) For the purposes of this section, but subject to any exceptions prescribed in regulations made by the Governor in Council, service estate means the following parts of the estate of a deceased officer or non-commissioned member mentioned in subsection (1): (a) service pay and allowances; (b) all other emoluments emanating from Her Majesty that, at the date of death, are due or otherwise payable; (c) personal equipment that the deceased person is, under regulations, permitted to retain; (d) personal or movable property, including cash, found on the deceased person or on a defence establishment or otherwise in the care or custody of the Canadian Forces; and (e) in the case of an officer or non-commissioned member dying outside Canada, all other personal or movable property belonging to the deceased and situated outside Canada. R.S., 1985, c. N-5, s. 42; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 11. Presumption of Death Authority to issue certificate 43 Where an officer or non-commissioned member disappears under circumstances that, in the opinion of the Minister or such other authorities as the Minister may designate, raise beyond reasonable doubt a presumption that the officer or non-commissioned member is dead, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Presumption of Death Sections 43-45 the Minister or any such other authority may issue a certificate declaring that the officer or non-commissioned member is deemed to be dead and stating the date on which the death is presumed to have occurred, and the officer or non-commissioned member shall thenceforth, for the purposes of this Act and the regulations and in relation to his status and service in the Canadian Forces, be deemed to have died on that date. R.S., 1985, c. N-5, s. 43; R.S., 1985, c. 31 (1st Supp.), s. 60. Personal Effects of Absentees Vesting and disposal 44 The personal belongings and decorations of an officer or non-commissioned member who is absent without leave that are found in camp, quarters or otherwise in the care or custody of the Canadian Forces vest in Her Majesty and shall be disposed of in accordance with regulations made by the Governor in Council. R.S., 1985, c. N-5, s. 44; R.S., 1985, c. 31 (1st Supp.), s. 60. Boards of Inquiry Convening boards 45 (1) The Minister, and such other authorities as the Minister may prescribe or appoint for that purpose, may, where it is expedient that the Minister or any such other authority should be informed on any matter connected with the government, discipline, administration or functions of the Canadian Forces or affecting any officer or non-commissioned member, convene a board of inquiry for the purpose of investigating and reporting on that matter. Powers (2) A board of inquiry has, in relation to the matter before it, power (a) to summon any person before the board and compel the person to give oral or written evidence on oath and to produce any documents and things under the person’s control that it considers necessary for the full investigation and consideration of that matter; (b) to administer oaths; (c) to receive and accept, on oath or by affidavit or otherwise, any evidence and other information the board sees fit, whether or not the evidence or information is or would be admissible in a court of law; and (d) to examine any record and make any inquiry that the board considers necessary. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Boards of Inquiry Sections 45-47 Access to on-board recordings (3) For greater certainty, a board of inquiry may have access to an on-board recording, as defined in subsection 22(1) of the Aeronautics Act, only if it is made available under that Act. R.S., 1985, c. N-5, s. 45; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 13; 2014, c. 29, s. 22. Witness not excused from testifying 45.1 (1) No witness shall be excused from answering any question relating to a matter before a board of inquiry when required to do so by the board of inquiry on the ground that the answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false. 1998, c. 35, s. 14. Cadet Organizations Formation 46 (1) The Minister may authorize the formation of cadet organizations under the control and supervision of the Canadian Forces to consist of persons of not less than twelve years of age who have not attained the age of nineteen years. Training, administration, provision and command (2) The cadet organizations referred to in subsection (1) shall be trained for such periods, administered in such manner and provided with materiel and accommodation under such conditions, and shall be subject to the authority and command of such officers, as the Minister may direct. Not part of Canadian Forces (3) The cadet organizations referred to in subsection (1) are not comprised in the Canadian Forces. R.S., c. N-4, s. 43; 1974-75-76, c. 36, Sch. (DND) vote 1d, c. 66, s. 21. Educational Institutions Establishment 47 (1) The Governor in Council, and any other authorities that are prescribed or appointed by the Governor in Council for that purpose, may in the interests of national Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Educational Institutions Sections 47-50 defence establish institutions for the training and education of officers and non-commissioned members, officers and employees of the Department, candidates for enrolment in the Canadian Forces or for employment in the Department and other persons whose attendance has been authorized by or on behalf of the Minister. Control and administration (2) The institutions referred to in subsection (1) shall be governed and administered in the manner prescribed by the Minister. R.S., 1985, c. N-5, s. 47; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 15. Service Associations Establishment 48 (1) The Governor in Council may establish associations and organizations for purposes designed to further the defence of Canada. Accommodation, materiel and facilities (2) The Minister may authorize the provision of accommodation, materiel and facilities for the training, practice and use of the associations and organizations mentioned in subsection (1) and other associations and organizations designed to further the defence of Canada, whether or not the members of such associations and organizations are officers or non-commissioned members. R.S., 1985, c. N-5, s. 48; R.S., 1985, c. 31 (1st Supp.), s. 60. Exercise of Authority Exercise of authority of officer or non-commissioned member by another 49 Any power or jurisdiction given to, and any act or thing to be done by, to or before any officer or non-commissioned member may be exercised by, or done by, to or before any other officer or non-commissioned member for the time being authorized in that behalf by regulations or according to the custom of the service. R.S., 1985, c. N-5, s. 49; R.S., 1985, c. 31 (1st Supp.), s. 60. Method of signifying orders 50 Orders made under this Act may be signified by an order, instruction or letter under the hand of any officer whom the authority that made those orders has authorized to issue orders on its behalf, and any order, instruction or letter purporting to be signed by any officer appearing therein to be so authorized is evidence that the officer is so authorized. R.S., c. N-4, s. 47. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Notification of Orders Sections 51-53 Notification of Orders Publication 51 (1) All regulations and all orders and instructions issued to the Canadian Forces shall be held to be sufficiently notified to any person whom they may concern by their publication, in the manner prescribed in regulations made by the Governor in Council, in the unit or other element in which that person is serving. Registered mail (2) All regulations and all orders and instructions relating to or in any way affecting an officer or non-commissioned member of the reserve force who is not serving with a unit or other element shall, when sent to the officer or non-commissioned member by registered mail, addressed to the latest known place of abode or business of the officer or non-commissioned member, be held to be sufficiently notified. Saving provision (3) Notwithstanding subsections (1) and (2), all regulations and all orders and instructions referred to in those subsections shall be held to be sufficiently notified to any person whom they may concern by their publication in the Canada Gazette. R.S., 1985, c. N-5, s. 51; R.S., 1985, c. 31 (1st Supp.), s. 60(E). Validity of Documents Authenticity of documents 52 A commission, appointment, warrant, order or instruction in writing purported to be granted, made or issued under this Act is evidence of its authenticity without proof of the signature or seal affixed thereto or the authority of the person granting, making or issuing it. R.S., c. N-4, s. 49. Signature on commissions 53 (1) The Governor General may cause the signature of the Governor General to be affixed to a commission granted to an officer of the Canadian Forces by stamping the signature on the commission with a stamp approved by, and used for the purpose by authority of, the Governor General. Validity of signature (2) A signature affixed in accordance with subsection (1) is as valid and effectual as if it were in the handwriting of the Governor General, and neither its authenticity nor Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART II The Canadian Forces Validity of Documents Sections 53-60 the authority of the person by whom it was affixed shall be called in question, except on behalf of Her Majesty. R.S., c. N-4, s. 50. Validity of bonds 54 Every bond to Her Majesty entered into by any person before a judge, a justice of the peace or an officer of the Canadian Forces, including a military judge, for the purpose of securing the payment of a sum of money or the performance of a duty or act required or authorized by this Act or by regulations is valid and may be enforced accordingly. R.S., 1985, c. N-5, s. 54; 1998, c. 35, s. 16. PART III Code of Service Discipline Purpose Purpose 55 (1) The purpose of the Code of Service Discipline is to maintain the discipline, efficiency and morale of the Canadian Forces. Clarification (2) For greater certainty, the behaviour of persons who are subject to the Code of Service Discipline relates to the discipline, efficiency and morale of the Canadian Forces even when those persons are not on duty, in uniform or on a defence establishment. R.S., 1985, c. N-5, s. 55; 1998, c. 35, s. 17; 2019, c. 15, s. 4. DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application 56 to 59 [Repealed, 1998, c. 35, s. 17] Persons subject to Code of Service Discipline 60 (1) The following persons are subject to the Code of Service Discipline: (a) an officer or non-commissioned member of the regular force; (b) an officer or non-commissioned member of the special force; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application Section 60 (c) an officer or non-commissioned member of the reserve force when the officer or non-commissioned member is (i) undergoing drill or training, whether in uniform or not, (ii) in uniform, (iii) on duty, (iv) [Repealed, 1998, c. 35, s. 19] (v) called out under Part VI in aid of the civil power, (vi) called out on service, (vii) placed on active service, (viii) in or on any vessel, vehicle or aircraft of the Canadian Forces or in or on any defence establishment or work for defence, (ix) serving with any unit or other element of the regular force or the special force, or (x) present, whether in uniform or not, at any drill or training of a unit or other element of the Canadian Forces; (d) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person who, pursuant to law or pursuant to an agreement between Canada and the state in whose armed forces the person is serving, is attached or seconded as an officer or non-commissioned member to the Canadian Forces; (e) a person, not otherwise subject to the Code of Service Discipline, who is serving in the position of an officer or non-commissioned member of any force raised and maintained outside Canada by Her Majesty in right of Canada and commanded by an officer of the Canadian Forces; (f) a person, not otherwise subject to the Code of Service Discipline, who accompanies any unit or other element of the Canadian Forces that is on service or active service in any place; (g) subject to such exceptions, adaptations and modifications as the Governor in Council may by regulations prescribe, a person attending an institution established under section 47; (h) an alleged spy for the enemy; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application Sections 60-61 (i) a person, not otherwise subject to the Code of Service Discipline, who, in respect of any service offence committed or alleged to have been committed by the person, is in civil custody or in service custody; and (j) a person, not otherwise subject to the Code of Service Discipline, while serving with the Canadian Forces under an engagement with the Minister whereby the person agreed to be subject to that Code. Continuing liability (2) Every person subject to the Code of Service Discipline under subsection (1) at the time of the alleged commission by the person of a service offence continues to be liable to be charged, dealt with and tried in respect of that offence under the Code of Service Discipline notwithstanding that the person may have, since the commission of that offence, ceased to be a person described in subsection (1). Retention of status and rank (3) Every person who, since allegedly committing a service offence, has ceased to be a person described in subsection (1), shall for the purposes of the Code of Service Discipline be deemed, for the period during which under that Code he is liable to be charged, dealt with and tried, to have the same status and rank that he held immediately before so ceasing to be a person described in subsection (1). R.S., 1985, c. N-5, s. 60; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 19. Persons accompanying Canadian Forces 61 (1) For the purposes of this section and sections 60, 62 and 65, but subject to any limitations prescribed by the Governor in Council, a person accompanies a unit or other element of the Canadian Forces that is on service or active service if the person (a) participates with that unit or other element in the carrying out of any of its movements, manoeuvres, duties in aid of the civil power, duties in a disaster or warlike operations; (b) is accommodated or provided with rations at the person’s own expense or otherwise by that unit or other element in any country or at any place designated by the Governor in Council; (c) is a dependant outside Canada of an officer or non-commissioned member serving beyond Canada with that unit or other element; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application Sections 61-63 (d) is embarked on a vessel or aircraft of that unit or other element. How persons accompanying Canadian Forces to be treated (2) Subject to subsection (3), every person mentioned in paragraph 60(1)(f) who, while accompanying any unit or other element of the Canadian Forces, is alleged to have committed a service offence, shall be treated as a noncommissioned member. Certificate entitling person to treatment as officer (3) A person described in subsection (2) who holds, from the commanding officer of the unit or other element of the Canadian Forces that the person accompanies or from any other officer prescribed by the Minister for that purpose, a certificate entitling the person to be treated on the footing of an officer, revocable at the pleasure of the officer who issued it or of any other officer of equal or higher rank, shall be treated as an officer in respect of any offence alleged to have been committed by the person while holding that certificate. R.S., 1985, c. N-5, s. 61; R.S., 1985, c. 31 (1st Supp.), s. 60. Command 62 (1) Every person to whom subsection 61(2) or (3) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person accompanies. Spies (2) Every person described in paragraph 60(1)(h) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces that may be holding the person in custody from time to time. Released persons serving sentence (3) Every person described in paragraph 60(1)(i) who is alleged to have committed, during the currency of the imprisonment or detention of that person, a service offence shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the service prison or detention barrack, as the case may be, in which that person is imprisoned or detained. R.S., c. N-4, s. 55. Persons under special engagement 63 (1) Subject to subsection (2), every person mentioned in paragraph 60(1)(j) who, while serving with the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Application Sections 63-66 Canadian Forces, is alleged to have committed a service offence shall be treated as a non-commissioned member. Agreement entitling person to treatment as officer (2) Where the terms of the agreement under which a person described in subsection (1) was engaged entitle the person to be treated as an officer, the person shall be treated as an officer. Command where person under special engagement (3) Every person to whom subsection (1) or (2) applies shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of the unit or other element of the Canadian Forces in which that person is serving. R.S., 1985, c. N-5, s. 63; R.S., 1985, c. 31 (1st Supp.), s. 60. 64 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 44] Persons under command of officer deemed their superior officer 65 (1) Every person subject to the Code of Service Discipline by virtue of paragraph 60(1)(f), (g), (i) or (j) shall, for the purposes of preparation, practice or execution of any plan, arrangement or manoeuvre for the defence or evacuation of any area in the event of attack, be under the command of the commanding officer of the unit or other element of the Canadian Forces that the person is accompanying or with which the person is serving or is in attendance and, for those purposes, the commanding officer shall be deemed to be a superior officer of the person. Prohibited interpretation (2) Nothing in subsection (1) shall be construed as requiring any person described therein to bear arms or to participate in any active operations against the enemy. R.S., c. N-4, s. 55. Plea in Bar of Trial Autrefois acquit and autrefois convict 66 (1) A person may not be tried or tried again in respect of an offence or any other substantially similar offence arising out of the facts that gave rise to the offence if, while subject to the Code of Service Discipline in respect of that offence, or if, while liable to be charged, dealt with and tried under the Code in respect of that offence, the person (a) has been found not guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Plea in Bar of Trial Sections 66-69 (b) has been found guilty by a court martial, civil court or court of a foreign state on a charge of having committed that offence and has been either punished in accordance with the sentence or discharged absolutely or on conditions. Exception (2) Nothing in subsection (1) affects the validity of a new trial held under section 249 or a new trial directed by a court having jurisdiction to do so. Effect of other offences admitted at previous trial (3) A person who, under section 194, has been sentenced in respect of a service offence admitted by that person may not be tried by a court martial or civil court in respect of that offence. R.S., 1985, c. N-5, s. 66; R.S., 1985, c. 31 (1st Supp.), s. 45; 1998, c. 35, s. 20; 2013, c. 24, s. 14; 2019, c. 15, s. 5; 2019, c. 15, s. 63. Place of Commission of Offence Service offence, wherever committed, is triable 67 Subject to section 70, every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, whether the alleged offence was committed in Canada or outside Canada. R.S., c. N-4, s. 57. Place of Trial No territorial limitation 68 Every person alleged to have committed a service offence may be charged, dealt with and tried under the Code of Service Discipline, either in Canada or outside Canada. R.S., c. N-4, s. 58. Period of Liability When person is liable 69 (1) A person who is subject to the Code of Service Discipline at the time of the alleged commission of a service offence may be charged, dealt with and tried at any time under the Code. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1 Disciplinary Jurisdiction of the Canadian Forces Period of Liability Sections 69-71.01 Sections 130 and 132 (2) Despite subsection (1), if the service offence is punishable under section 130 or 132 and the act or omission that constitutes the service offence would have been subject to a limitation period had it been dealt with other than under the Code, then that limitation period applies. R.S., 1985, c. N-5, s. 69; 1990, c. 14, s. 7; 1991, c. 43, s. 12; 1993, c. 34, s. 92; 1998, c. 35, s. 21; 2008, c. 29, s. 2. Limitations with respect to Certain Offences Offences not triable by courts martial 70 A court martial does not have jurisdiction to try any person charged with any of the following offences committed in Canada: (a) murder; (b) manslaughter; or (c) an offence under any of sections 280 to 283 of the Criminal Code. (d) to (f) [Repealed, 1998, c. 35, s. 22] R.S., 1985, c. N-5, s. 70; 1998, c. 35, s. 22; 2019, c. 15, s. 6. Jurisdiction of Civil Courts No interference with civil jurisdiction 71 Subject to section 66, nothing in the Code of Service Discipline affects the jurisdiction of any civil court to try a person for any offence triable by that court. R.S., 1985, c. N-5, s. 71; R.S., 1985, c. 31 (1st Supp.), s. 46. DIVISION 1.1 Declaration of Victims Rights Interpretation Definition of military justice system 71.01 For the purposes of this Division, military justice system means (a) the investigation of service offences, the processes for the laying and referral of charges of service offences and their prosecution; (b) the process for the carrying out of punishments in relation to service offences, except in respect of any service prisoners and service convicts who have been committed to a penitentiary or civil prison; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights Interpretation Sections 71.01-71.04 (c) the proceedings of a court martial or a Review Board, as defined in section 197, in respect of an accused person who is found unfit to stand trial or not responsible on account of mental disorder. 2019, c. 15, s. 7. Rights Information General information 71.02 Every victim has the right, on request, to information about (a) the military justice system and the role of victims in it; (b) the services and programs available to them as a victim; and (c) their right to file a complaint for an infringement or denial of any of their rights under this Division. 2019, c. 15, s. 7. Investigation and proceedings 71.03 Every victim has the right, on request, to information about (a) the status and outcome of the investigation into the service offence; and (b) the location of proceedings in relation to the offence, when they will take place and their progress and outcome. 2019, c. 15, s. 7. Information about offender or accused 71.04 (1) Every victim has the right, on request, to information about (a) the offender while they are in a service prison or detention barrack; (b) the release of the offender from a service prison or detention barrack; (b.1) hearings held under section 202.161 to decide whether the accused person is a high-risk accused and the dispositions made at those hearings; and (c) hearings held for the purpose of making dispositions under any of sections 201, 202 and 202.16 and the dispositions made at those hearings; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights Rights Sections 71.04-71.1 (d) hearings held by a Review Board under section 202.25 and the dispositions made at those hearings. Disclosure of information (2) Information may be disclosed for the purposes of paragraphs (1)(a) and (b) subject to and in accordance with regulations made by the Governor in Council. 2019, c. 15, s. 7; 2019, c. 15, s. 64. Protection Security 71.05 Every victim has the right to have their security considered by the appropriate authorities in the military justice system. 2019, c. 15, s. 7. Protection from intimidation and retaliation 71.06 Every victim has the right to have reasonable and necessary measures taken by the appropriate authorities in the military justice system to protect the victim from intimidation and retaliation. 2019, c. 15, s. 7. Privacy 71.07 Every victim has the right to have their privacy considered by the appropriate authorities in the military justice system. 2019, c. 15, s. 7. Identity protection 71.08 Every victim has the right to request that their identity be protected if they are a complainant in respect of the service offence or a witness in proceedings relating to the service offence. 2019, c. 15, s. 7. Testimonial aids 71.09 Every victim has the right to request testimonial aids when appearing as a witness in proceedings relating to the service offence. 2019, c. 15, s. 7. Participation Views to be considered 71.1 Every victim has the right to convey their views about decisions to be made by appropriate authorities in the military justice system that affect the victim’s rights under this Division and to have those views considered. 2019, c. 15, s. 7. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights Rights Sections 71.1-71.14 Victim impact statement 71.11 Every victim has the right to present a victim impact statement to the appropriate authorities in the military justice system and to have it considered. 2019, c. 15, s. 7. Restitution Restitution order 71.12 Every victim has the right to have the court martial consider making a restitution order against the offender. 2019, c. 15, s. 7. Enforcement 71.13 Every victim in whose favour a restitution order is made has the right, if they are not paid, to have the order entered as a civil court judgment that is enforceable against the offender. 2019, c. 15, s. 7. General Provisions Application 71.14 (1) This Division applies in respect of a victim of a service offence in their interactions with the military justice system (a) while the offence is being investigated or prosecuted or the charge is being referred; (b) while the offender is serving a punishment in relation to the offence, unless the offender is a service prisoner or service convict who has been committed to a penitentiary or civil prison; and (c) while the accused person is, in relation to the offence, under the jurisdiction of a court martial or a Review Board, as defined in section 197, if they are found unfit to stand trial or not responsible on account of mental disorder. Reporting of offence (2) For the purpose of subsection (1), if an offence is reported to the appropriate authorities in the military justice system, the investigation of the offence is deemed to begin at the time of the reporting. 2019, c. 15, s. 7. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights General Provisions Sections 71.15-71.17 Exercise of rights 71.15 (1) The rights of victims under this Division are to be exercised through the mechanisms provided by law. Connection to Canada (2) A victim is entitled to exercise their rights under this Division only if (a) they are present in Canada; or (b) they are a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. 2019, c. 15, s. 7. Victim’s liaison officer 71.16 (1) Unless he or she is of the opinion that it is not possible to do so for operational reasons, a commanding officer shall, at the request of the victim, appoint an officer or non-commissioned member, who satisfies the conditions established in regulations made by the Governor in Council, to be a liaison officer to assist the victim as provided for in subsection (3). The commanding officer shall, to the extent possible, appoint the officer or noncommissioned member who has been requested by the victim to be their liaison officer. Absence or incapacity (2) In the event of the absence or incapacity of the victim’s liaison officer, a commanding officer shall appoint another officer or non-commissioned member to replace the liaison officer during that absence or incapacity, unless it is not possible to do so for operational reasons. Role of victim’s liaison officer (3) Assistance by a victim’s liaison officer consists of (a) explaining to the victim the manner in which service offences are charged, dealt with and tried under the Code of Service Discipline; and (b) obtaining and transmitting to the victim information relating to a service offence that the victim has requested and to which the victim has a right under this Division. 2019, c. 15, s. 7. Interpretation of this Division 71.17 This Division is to be construed and applied in a manner that is reasonable in the circumstances and in a manner that is not likely to Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights General Provisions Sections 71.17-71.19 (a) interfere with the proper administration of military justice, including (i) by causing interference with investigative discretion or by causing excessive delay in, compromising or hindering the investigation of any service offence, (ii) by causing interference with charge laying discretion in respect of any service offence, or by causing excessive delay in, compromising or hindering the laying or referral of a charge in respect of any service offence, and (iii) by causing interference with prosecutorial discretion or by causing excessive delay in, compromising or hindering the prosecution of any service offence; (b) interfere with ministerial discretion in respect of any service offence; (c) interfere with the discretion that may be exercised by any person or body authorized to release an accused person or offender into the community; (d) endanger the life or safety of any individual; or (e) cause injury to international relations, national defence or national security. 2019, c. 15, s. 7. Interpretation of other Acts, regulations, etc. 71.18 To the extent that it is possible to do so, every Act of Parliament enacted — and every order, rule or regulation made under such an Act — before, on or after the day on which this Division comes into force is to be construed and applied in a manner that is compatible with the rights provided for under this Division. 2019, c. 15, s. 7. Primacy in event of inconsistency 71.19 (1) If, after the application of sections 71.17 and 71.18, there is any inconsistency between any provision of this Division and any provision of any Act, order, rule or regulation referred to in section 71.18, the provision of this Division prevails to the extent of the inconsistency. Exception — Acts, regulations, etc. (2) Subsection (1) does not apply in respect of the Canadian Bill of Rights, the Canadian Human Rights Act, the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights General Provisions Sections 71.19-71.22 Official Languages Act, the Access to Information Act, the Privacy Act and the Canadian Victims Bill of Rights and in respect of any orders, rules and regulations made under any of those Acts. 2019, c. 15, s. 7. No adverse inference 71.2 No adverse inference is to be drawn against a person who is charged with a service offence from the fact that an individual has been identified as a victim in relation to the service offence. 2019, c. 15, s. 7. Entering or remaining in Canada 71.21 Nothing in this Division is to be construed so as to permit any individual to (a) enter Canada or remain in Canada beyond the end of the period for which they are authorized to so remain; (b) delay any removal proceedings or prevent the enforcement of any removal order; or (c) delay any extradition proceedings or prevent the extradition of any person to or from Canada. 2019, c. 15, s. 7. Remedies Complaint 71.22 (1) Every victim who is of the opinion that any of their rights under this Division have been infringed or denied by an authority within the military justice system has the right to file a complaint in accordance with regulations made by the Governor in Council. Complaints mechanism (2) Regulations made by the Governor in Council may, among other things, provide for (a) the review of complaints involving alleged infringements or denials of rights under this Division; (b) the power to make recommendations to remedy such infringements and denials; and (c) the obligation to notify victims of the result of those reviews and of any recommendations that were made. 2019, c. 15, s. 7. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 1.1 Declaration of Victims Rights Remedies Sections 71.23-72 Status 71.23 Nothing in this Division is to be construed as granting to, or removing from, any victim, any individual acting on behalf of a victim or any victim’s liaison officer the status of a party, intervenor or observer in any proceedings. 2019, c. 15, s. 7. No cause of action 71.24 No cause of action or right to damages arises from an infringement or denial of a right under this Division. For greater certainty, nothing in this section is to be construed as affecting any other cause of action or right to damages. 2019, c. 15, s. 7. No appeal 71.25 No appeal lies from any decision or order solely on the grounds that a right under this Division has been infringed or denied. 2019, c. 15, s. 7. DIVISION 2 Service Offences and Punishments Responsibility for Offences Parties to offences 72 (1) Every person is a party to and guilty of an offence who (a) actually commits it; (b) does or omits to do anything for the purpose of aiding any person to commit it; (c) abets any person in committing it; or (d) counsels or procures any person to commit it. Attempts (2) Every person who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out the intention is guilty of an attempt to commit the offence, whether or not it was possible under the circumstances to commit the offence. Common intention (3) Where two or more persons form an intention in common to carry out an unlawful purpose and to assist each other therein and any one of them, in carrying out the common purpose, commits an offence, each of them Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Responsibility for Offences Sections 72-73 who knew or ought to have known that the commission of the offence would be a probable consequence of carrying out the common purpose is a party to and guilty of that offence. R.S., c. N-4, s. 62. Civil Defences Rules and principles of civil courts applicable 72.1 All rules and principles that are followed from time to time in the civil courts and that would render any circumstance a justification or excuse for any act or omission or a defence to any charge are applicable in any proceedings under the Code of Service Discipline. 2013, c. 24, s. 15. Ignorance of the Law Ignorance not to constitute excuse 72.2 The fact that a person is ignorant of the provisions of this Act, or of any regulations or of any order or instruction duly notified under this Act, is no excuse for any offence committed by the person. 2013, c. 24, s. 15. Misconduct of Commanders in Presence of Enemy Offences by commanders when in action 73 Every officer in command of a vessel, aircraft, defence establishment, unit or other element of the Canadian Forces who (a) when under orders to carry out an operation of war or on coming into contact with an enemy that it is the duty of the officer to engage, does not use his utmost exertion to bring the officers and non-commissioned members under his command or his vessel, aircraft or other materiel into action, (b) being in action, does not, during the action, in the officer’s own person and according to the rank of the officer, encourage his officers and non-commissioned members to fight courageously, (c) when capable of making a successful defence, surrenders his vessel, aircraft, defence establishment, materiel, unit or other element of the Canadian Forces to the enemy, (d) being in action, improperly withdraws from the action, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Misconduct of Commanders in Presence of Enemy Sections 73-74 (e) improperly fails to pursue an enemy or to consolidate a position gained, (f) improperly fails to relieve or assist a known friend to the utmost of his power, or (g) when in action, improperly forsakes his station, is guilty of an offence and on conviction, if the officer acted traitorously, shall be sentenced to imprisonment for life, if the officer acted from cowardice, is liable to imprisonment for life or less punishment, and in any other case, is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., 1985, c. N-5, s. 73; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 24. Misconduct of any Person in Presence of Enemy Offences by any person in presence of enemy 74 Every person who (a) improperly delays or discourages any action against the enemy, (b) goes over to the enemy, (c) when ordered to carry out an operation of war, fails to use his utmost exertion to carry the orders into effect, (d) improperly abandons or delivers up any defence establishment, garrison, place, materiel, post or guard, (e) assists the enemy with materiel, (f) improperly casts away or abandons any materiel in the presence of the enemy, (g) improperly does or omits to do anything that results in the capture by the enemy of persons or the capture or destruction by the enemy of materiel, (h) when on watch in the presence or vicinity of the enemy, leaves his post before he is regularly relieved or sleeps or is drunk, (i) behaves before the enemy in such manner as to show cowardice, or (j) does or omits to do anything with intent to imperil the success of any of Her Majesty’s Forces or of any forces cooperating therewith, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Misconduct of any Person in Presence of Enemy Sections 74-75 is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 74; 1998, c. 35, s. 25. Security Offences related to security 75 Every person who (a) improperly holds communication with or gives intelligence to the enemy, (b) without authority discloses in any manner whatever any information relating to the numbers, position, materiel, movements, preparations for movements, operations or preparations for operations of any of Her Majesty’s Forces or of any forces cooperating therewith, (c) without authority discloses in any manner whatever any information relating to a cryptographic system, aid, process, procedure, publication or document of any of Her Majesty’s Forces or of any forces cooperating therewith, (d) makes known the parole, watchword, password, countersign or identification signal to any person not entitled to receive it, (e) gives a parole, watchword, password, countersign or identification signal different from that which he received, (f) without authority alters or interferes with any identification or other signal, (g) improperly occasions false alarms, (h) when acting as sentry or lookout, leaves his post before he is regularly relieved or sleeps or is drunk, (i) forces a safeguard or forces or strikes a sentinel, or (j) does or omits to do anything with intent to prejudice the security of any of Her Majesty’s Forces or of any forces cooperating therewith, is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 75; 1998, c. 35, s. 26. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Prisoners of War Sections 76-77 Prisoners of War Offences related to prisoners of war 76 Every person who (a) by want of due precaution, or through disobedience of orders or wilful neglect of duty, is made a prisoner of war, (b) having been made a prisoner of war, fails to rejoin Her Majesty’s service when able to do so, or (c) having been made a prisoner of war, serves with or aids the enemy, is guilty of an offence and on conviction, if the person acted traitorously, shall be sentenced to imprisonment for life, and in any other case, is liable to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 76; 1998, c. 35, s. 27. Miscellaneous Operational Offences Offences related to operations 77 Every person who (a) does violence to any person bringing materiel to any of Her Majesty’s Forces or to any forces cooperating therewith, (b) irregularly detains any materiel being conveyed to any unit or other element of Her Majesty’s Forces or of any forces cooperating therewith, (c) irregularly appropriates to the unit or other element of the Canadian Forces with which the person is serving any materiel being conveyed to any other unit or element of Her Majesty’s Forces or of any forces cooperating therewith, (d) without orders from the person’s superior officer, improperly destroys or damages any property, (e) breaks into any house or other place in search of plunder, (f) commits any offence against the property or person of any inhabitant or resident of a country in which he is serving, (g) steals from, or with intent to steal searches, the person of any person killed or wounded, in the course of warlike operations, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Miscellaneous Operational Offences Sections 77-81 (h) steals any money or property that has been left exposed or unprotected in consequence of warlike operations, or (i) takes otherwise than for the public service any money or property abandoned by the enemy, is guilty of an offence and on conviction, if the person committed the offence on active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., c. N-4, s. 67. Spies for the Enemy Offence of being spy 78 Every person who spies for the enemy is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 78; 1998, c. 35, s. 28. Mutiny Mutiny with violence 79 Every person who joins in a mutiny that is accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 79; 1998, c. 35, s. 28. Mutiny without violence 80 Every person who joins in a mutiny that is not accompanied by violence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding fourteen years or to less punishment or, in the case of a ringleader of the mutiny, to imprisonment for life or to less punishment. R.S., 1985, c. N-5, s. 80; 1998, c. 35, s. 28. Offences related to mutiny 81 Every person who (a) causes or conspires with any other person to cause a mutiny, (b) endeavours to persuade any person to join in a mutiny, (c) being present, does not use his utmost endeavours to suppress a mutiny, or (d) being aware of an actual or intended mutiny, does not without delay inform his superior officer thereof, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Mutiny Sections 81-86 is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., c. N-4, s. 71. Seditious Offences Advocating governmental change by force 82 Every person who publishes or circulates any writing, printing or document in which is advocated, or who teaches or advocates, the use, without the authority of law, of force as a means of accomplishing any governmental change within Canada is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., c. N-4, s. 72. Insubordination Disobedience of lawful command 83 Every person who disobeys a lawful command of a superior officer is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., c. N-4, s. 73. Striking or offering violence to a superior officer 84 Every person who strikes or attempts to strike, or draws or lifts up a weapon against, or uses, attempts to use or offers violence against, a superior officer is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. R.S., c. N-4, s. 74. Insubordinate behaviour 85 Every person who uses threatening or insulting language to, or behaves with contempt toward, a superior officer is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., c. N-4, s. 75. Quarrels and disturbances 86 Every person who (a) quarrels or fights with any other person who is subject to the Code of Service Discipline, or (b) uses provoking speeches or gestures toward a person so subject that tend to cause a quarrel or disturbance, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Insubordination Sections 86-88 is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 76. Resisting or escaping from arrest or custody 87 Every person who (a) being concerned in a quarrel, fray or disorder, (i) refuses to obey an officer, though of inferior rank, who orders the person into arrest, or (ii) strikes or uses or offers violence to any such officer, (b) strikes or uses or offers violence to any other person in whose custody he is placed, whether or not that other person is his superior officer and whether or not that other person is subject to the Code of Service Discipline, (c) resists an escort whose duty it is to apprehend him or to have him in charge, or (d) breaks out of barracks, station, camp, quarters or ship, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 77. Desertion Offence 88 (1) Every person who deserts or attempts to desert is guilty of an offence and on conviction, if the person committed the offence on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment. Definition (2) A person deserts who (a) being on or having been warned for active service, duty during an emergency or other important service, is absent without authority with the intention of avoiding that service; (b) having been warned that his vessel is under sailing orders, is absent without authority with the intention of missing that vessel; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Desertion Sections 88-90 (c) absents himself without authority from his place of duty with the intention of remaining absent from his place of duty; (d) is absent without authority from his place of duty and at any time during such absence forms the intention of remaining absent from his place of duty; or (e) while absent with authority from his place of duty, with the intention of remaining absent from his place of duty, does any act or omits to do anything the natural and probable consequence of which act or omission is to preclude the person from being at his place of duty at the time required. Presumption of desertion (3) A person who has been absent without authority for a continuous period of six months or more shall, unless the contrary is proved, be presumed to have had the intention of remaining absent from his place of duty. R.S., c. N-4, s. 78. Connivance at desertion 89 Every person who (a) being aware of the desertion or intended desertion of a person from any of Her Majesty’s Forces, does not without reasonable excuse inform his superior officer forthwith, or (b) fails to take any steps in his power to cause the apprehension of a person whom he knows, or has reasonable grounds to believe, to be a deserter, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 79. Absence without Leave Offence 90 (1) Every person who absents himself without leave is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. Definition (2) A person absents himself without leave who (a) without authority leaves his place of duty; (b) without authority is absent from his place of duty; or (c) having been authorized to be absent from his place of duty, fails to return to his place of duty at the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Absence without Leave Sections 90-96 expiration of the period for which the absence of that person was authorized. R.S., c. N-4, s. 80. False statement in respect of leave 91 Every person who knowingly makes a false statement in respect of prolongation of leave of absence is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 81. Disgraceful Conduct Scandalous conduct by officers 92 Every officer who behaves in a scandalous manner unbecoming an officer is guilty of an offence and on conviction shall suffer dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service. R.S., c. N-4, s. 82. Cruel or disgraceful conduct 93 Every person who behaves in a cruel or disgraceful manner is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment. R.S., c. N-4, s. 83. Traitorous or disloyal utterances 94 Every person who uses traitorous or disloyal words regarding Her Majesty is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment. R.S., c. N-4, s. 84. Abuse of subordinates 95 Every person who strikes or otherwise ill-treats any person who by reason of rank or appointment is subordinate to him is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 85. Making false accusations or statements or suppressing facts 96 Every person who (a) makes a false accusation against an officer or noncommissioned member, knowing the accusation to be false, or (b) when seeking redress under section 29, knowingly makes a false statement affecting the character of an officer or non-commissioned member or knowingly, in Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Disgraceful Conduct Sections 96-98 respect of the redress so sought, suppresses any material fact is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 96; R.S., 1985, c. 31 (1st Supp.), s. 60. Drunkenness 97 (1) Drunkenness is an offence and every person convicted thereof is liable to imprisonment for less than two years or to less punishment, except that, where the offence is committed by a non-commissioned member who is not on active service or on duty or who has not been warned for duty, no punishment of imprisonment, and no punishment of detention for a term in excess of ninety days, shall be imposed. When committed (2) For the purposes of subsection (1), the offence of drunkenness is committed where a person, owing to the influence of alcohol or a drug, (a) is unfit to be entrusted with any duty that the person is or may be required to perform; or (b) behaves in a disorderly manner or in a manner likely to bring discredit on Her Majesty’s service. R.S., 1985, c. N-5, s. 97; R.S., 1985, c. 31 (1st Supp.), s. 60. Malingering, aggravating disease or infirmity or injuring self or another 98 Every person who (a) malingers or feigns or produces disease or infirmity, (b) aggravates, or delays the cure of, disease or infirmity by misconduct or wilful disobedience of orders, or (c) wilfully maims or injures himself or any other person who is a member of any of Her Majesty’s Forces or of any forces cooperating therewith, whether at the instance of that person or not, with intent thereby to render himself or that other person unfit for service, or causes himself to be maimed or injured by any person with intent thereby to render himself unfit for service, is guilty of an offence and on conviction, if he commits the offence on active service or when under orders for active service or in respect of a person on active service or under orders for active service, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding five years or to less punishment. R.S., c. N-4, s. 88. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Service Arrest and Custody Sections 99-101.1 Offences in relation to Service Arrest and Custody Detaining unnecessarily or failing to bring up for investigation 99 Every person who unnecessarily detains any other person in arrest or confinement without bringing him to trial, or fails to bring that other person’s case before the proper authority for investigation, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 89. Setting free without authority or allowing or assisting escape 100 Every person who (a) without authority sets free or authorizes or otherwise facilitates the setting free of any person in custody, (b) negligently or wilfully allows to escape any person who is committed to his charge, or whom it is his duty to guard or keep in custody, or (c) assists any person in escaping or in attempting to escape from custody, is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for a term not exceeding seven years or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 90. Escape from custody 101 Every person who, being in arrest or confinement or in prison or otherwise in lawful custody, escapes or attempts to escape is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 91. Failure to comply with conditions 101.1 Every person who, without lawful excuse, fails to comply with a condition imposed under this Division or Division 3 or 8, or a condition of an undertaking given under Division 3 or 10, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. 1998, c. 35, s. 29; 2013, c. 24, s. 16. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Service Arrest and Custody Sections 102-106 Hindering arrest or confinement or withholding assistance when called on 102 Every person who (a) resists or wilfully obstructs an officer or non-commissioned member in the performance of any duty pertaining to the arrest, custody or confinement of a person subject to the Code of Service Discipline, or (b) when called on, refuses or neglects to assist an officer or non-commissioned member in the performance of any such duty is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 102; R.S., 1985, c. 31 (1st Supp.), s. 60. Withholding delivery over or assistance to civil power 103 Every person who neglects or refuses to deliver over an officer or non-commissioned member to the civil power, pursuant to a warrant in that behalf, or to assist in the lawful apprehension of an officer or non-commissioned member accused of an offence punishable by a civil court is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 103; R.S., 1985, c. 31 (1st Supp.), s. 60. Offences in relation to Vessels Losing, stranding or hazarding vessels 104 Every person who wilfully or negligently or through other default loses, strands or hazards, or suffers to be lost, stranded or hazarded, any of Her Majesty’s Canadian ships or other vessels of the Canadian Forces is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., c. N-4, s. 94. 105 [Repealed, 1998, c. 35, s. 30] Disobedience of captain’s orders 106 (1) Every person who, when in a ship, disobeys any lawful command given by the captain of the ship in relation to the navigation or handling of the ship or affecting the safety of the ship, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. Command in ship (2) For the purposes of this section, every person of whatever rank shall, when the person is in a ship, be under the command, in respect of all matters relating to the navigation or handling of the ship or affecting the safety Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Vessels Sections 106-109 of the ship, of the captain of the ship, whether or not the captain is subject to the Code of Service Discipline. R.S., c. N-4, s. 96. Offences in relation to Aircraft Wrongful acts in relation to aircraft or aircraft material 107 Every person who (a) in the use of or in relation to any aircraft or aircraft material, wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause loss of life or bodily injury to any person, (b) wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission results or is likely to result in damage to or destruction or loss of any of Her Majesty’s aircraft or aircraft material or of aircraft or aircraft material of any forces cooperating with Her Majesty’s Forces, or (c) during a state of war wilfully or negligently causes the sequestration by or under the authority of a neutral state or the destruction in a neutral state of any of Her Majesty’s aircraft or of aircraft of any forces cooperating with Her Majesty’s Forces, is guilty of an offence and on conviction, if the person acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 97. Signing inaccurate certificate 108 Every person who signs an inaccurate certificate in relation to an aircraft or aircraft material without taking reasonable steps to ensure that it was accurate, the proof of taking which steps lies on that person, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 98. Low flying 109 Every person who flies an aircraft at a height less than the minimum height authorized in the circumstances is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 99. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Aircraft Sections 110-111 Disobedience of captain’s orders 110 (1) Every person who, when in an aircraft, disobeys any lawful command given by the captain of the aircraft in relation to the flying or handling of the aircraft or affecting the safety of the aircraft, whether or not the captain is subject to the Code of Service Discipline, is guilty of an offence and on conviction is liable to imprisonment for life or to less punishment. Command in aircraft (2) For the purposes of this section, (a) every person of whatever rank shall, when the person is in an aircraft, be under the command, in respect of all matters relating to the flying or handling of the aircraft or affecting the safety of the aircraft, of the captain of the aircraft, whether or not the captain is subject to the Code of Service Discipline; and (b) if the aircraft is a glider and is being towed by another aircraft, the captain of the glider shall, so long as the glider is being towed, be under the command, in respect of all matters relating to the flying or handling of the glider or affecting the safety of the glider, of the captain of the towing aircraft, whether or not the captain of the towing aircraft is subject to the Code of Service Discipline. R.S., c. N-4, s. 100. Offences in relation to Vehicles Improper driving of vehicles 111 (1) Every person who (a) drives a vehicle of the Canadian Forces recklessly or in a manner that is dangerous to any person or property having regard to all the circumstances of the case, or, having charge of and being in or on such a vehicle, causes or by wilful neglect permits it to be so driven, (b) while the person’s ability to drive a vehicle of the Canadian Forces is impaired by alcohol or a drug, drives or attempts to drive such a vehicle, whether it is in motion or not, or (c) having charge of a vehicle of the Canadian Forces, knowingly permits it to be driven by a person whose ability to drive such a vehicle is impaired by alcohol or a drug, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding five years or to less punishment. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Vehicles Sections 111-114 Occupant of driver’s seat deemed attempting to drive (2) For the purposes of paragraph (1)(b), a person who occupies the seat ordinarily occupied by a driver of a vehicle shall be deemed to have attempted to drive the vehicle, unless that person establishes that he did not enter or mount the vehicle for the purpose of setting it in motion. R.S., c. N-4, s. 101. Improper use of vehicles 112 Every person who (a) uses a vehicle of the Canadian Forces for an unauthorized purpose, (b) without authority uses a vehicle of the Canadian Forces for any purpose, or (c) uses a vehicle of the Canadian Forces contrary to any regulation, order or instruction, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 102. Offences in relation to Property Causing fires 113 Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions, does any act or omits to do anything, which act or omission causes or is likely to cause fire to occur in any materiel, defence establishment or work for defence is guilty of an offence and on conviction, if the person acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 103. Stealing 114 (1) Every person who steals is guilty of an offence and on conviction, if by reason of the person’s rank, appointment or employment or as a result of any lawful command the person, at the time of the commission of the offence, was entrusted with the custody, control or distribution of the thing stolen, is liable to imprisonment for a term not exceeding fourteen years or to less punishment and, in any other case, is liable to imprisonment for a term not exceeding seven years or to less punishment. Definition (2) For the purposes of this section, (a) stealing is the act of fraudulently and without colour of right taking, or fraudulently and without Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Property Sections 114-116 colour of right converting to the use of any person, any thing capable of being stolen, with intent (i) to deprive, temporarily or absolutely, the owner of it or a person who has a special property or interest in it, of the thing or of that property or interest, (ii) to pledge it or deposit it as security, (iii) to part with it under a condition with respect to its return that the person who parts with it may be unable to perform, or (iv) to deal with it in such a manner that it cannot be restored in the condition in which it was at the time when it was taken and converted; (b) stealing is committed when the offender moves the thing or causes it to move or to be moved, or begins to cause it to become movable, with intent to steal it; (c) the taking or conversion may be fraudulent, although effected without secrecy or attempt at concealment; and (d) it is immaterial whether the thing converted was taken for the purpose of conversion, or whether it was, at the time of the conversion, in the lawful possession of the person who converts it. When movable inanimate things capable of being stolen (3) Every inanimate thing that is the property of any person and that either is or may be made movable is capable of being stolen as soon as it becomes movable, although it is made movable in order that it may be stolen. R.S., c. N-4, s. 104. Receiving 115 Every person who receives or retains in his possession any property obtained by the commission of any service offence, knowing the property to have been so obtained, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment. R.S., c. N-4, s. 105. Destruction, damage, loss or improper disposal 116 Every person who (a) wilfully destroys or damages, loses by neglect, improperly sells or wastefully expends any public property, non-public property or property of any of Her Majesty’s Forces or of any forces cooperating therewith, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Property Sections 116-117 (b) wilfully destroys, damages or improperly sells any property belonging to another person who is subject to the Code of Service Discipline, or (c) sells, pawns or otherwise disposes of any cross, medal, insignia or other decoration granted by or with the approval of Her Majesty, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 106. Miscellaneous offences 117 Every person who (a) connives at the exaction of an exorbitant price for property purchased or rented by a person supplying property or services to the Canadian Forces, (b) improperly demands or accepts compensation, consideration or personal advantage in respect of the performance of any military duty or in respect of any matter relating to the Department or the Canadian Forces, (c) receives directly or indirectly, whether personally or by or through any member of his family or person under his control, or for his benefit, any gift, loan, promise, compensation or consideration, either in money or otherwise, from any person, for assisting or favouring any person in the transaction of any business relating to any of Her Majesty’s Forces, or to any forces cooperating therewith or to any mess, institute or canteen operated for the use and benefit of members of those forces, (d) demands or accepts compensation, consideration or personal advantage for convoying a vessel entrusted to his care, (e) being in command of a vessel or aircraft, takes or receives on board goods or merchandise that he is not authorized to take or receive on board, or (f) commits any act of a fraudulent nature not particularly specified in sections 73 to 128, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 117; 1998, c. 35, s. 31. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Tribunals Sections 118-118.1 Offences in relation to Tribunals Definition of tribunal 118 (1) For the purposes of this section and section 119, tribunal includes a court martial, a military judge, an officer conducting a summary hearing, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act and any inquiry committee established under regulations. Contempt (2) Every person who (a) being duly summoned or ordered to attend as a witness before a tribunal, fails to attend or to remain in attendance, (b) refuses to take an oath or make a solemn affirmation lawfully required by a tribunal to be taken or made, (c) refuses to produce any document in the power or control of, and lawfully required by a tribunal to be produced by, that person, (d) refuses when a witness to answer any question to which a tribunal may lawfully require an answer, (e) uses insulting or threatening language before, or causes any interruption or disturbance in the proceedings of, a tribunal, or (f) commits any other contempt of a tribunal is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 118; 1998, c. 35, s. 32; 2013, c. 24, ss. 17, 106(E); 2019, c. 15, s. 8. Failure to appear or attend 118.1 Every person who, being duly summoned or ordered to appear before a court martial or a military judge, as an accused, or before an officer conducting a summary hearing, as a person charged with having committed a service infraction, fails, without lawful excuse, the proof of which lies on the person, to appear as summoned or ordered, or to remain in attendance, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. 1998, c. 35, s. 32; 2019, c. 15, s. 9. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Tribunals Sections 119-119.1 False evidence 119 Every person who, when examined on oath or solemn affirmation before a tribunal, knowingly gives false evidence is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment. R.S., 1985, c. N-5, s. 119; 1998, c. 35, s. 32. Offence in Relation to the Sex Offender Information Registration Act Failure to comply with order or obligation 119.1 (1) Every person who, without reasonable excuse, fails to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. Reasonable excuse (2) For greater certainty, a lawful command that prevents a person from complying with an order or obligation is a reasonable excuse. Proof of certain facts by certificate (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Attendance and cross-examination (4) The person named in the certificate may, with the leave of the court martial, require the attendance of the person who signed it for the purpose of cross-examination. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offence in Relation to the Sex Offender Information Registration Act Sections 119.1-120 Notice of intention to produce (5) A certificate is not to be received in evidence unless, before the commencement of the trial, the party who intends to produce it gives the person named in the certificate a copy of it and reasonable notice of their intention to produce it. 2007, c. 5, s. 2; 2010, c. 17, s. 45. Offence in Relation to DNA Identification Failure to comply with order or summons 119.2 (1) Every person who, without reasonable excuse, fails to comply with an order made under subsection 196.14(4) or 196.24(4) of this Act or subsection 487.051(4) or 487.055(3.11) of the Criminal Code, or with a summons referred to in subsection 487.055(4) or 487.091(3) of the Criminal Code, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. For greater certainty (2) For greater certainty, a lawful command that prevents a person from complying with an order or summons is a reasonable excuse. 2007, c. 22, ss. 34, 49. Offences in relation to Billeting Ill-treatment or non-payment of occupant or person on whom billeted 120 Every person who (a) ill-treats, by violence, extortion or making disturbance in billets or otherwise, any occupant of a house in which any person is billeted or of any premises in which accommodation for materiel has been provided, or (b) fails to comply with regulations in respect of payment of the just demands of the person on whom he or any officer or non-commissioned member under his command is or has been billeted or the occupant of premises on which materiel is or has been accommodated, is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 120; R.S., 1985, c. 31 (1st Supp.), s. 60. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences in relation to Enrolment Sections 121-125 Offences in relation to Enrolment Fraudulent enrolment 121 Every person who, having been released from Her Majesty’s Forces by reason of a sentence of a court martial or by reason of misconduct, has afterwards been enrolled in the Canadian Forces without declaring the circumstances of that release is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., 1985, c. N-5, s. 121; 2019, c. 15, s. 46. False answers or false information 122 Every person who knowingly (a) makes a false answer to any question set out in any document required to be completed, or (b) furnishes any false information or false document, in relation to the enrolment of that person is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 112. Assisting unlawful enrolment 123 Every person who is concerned in the enrolment of any other person and who knows or has reasonable grounds to believe that by being enrolled that other person commits an offence under this Act is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 113. Miscellaneous Offences Negligent performance of duties 124 Every person who negligently performs a military duty imposed on that person is guilty of an offence and on conviction is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. R.S., c. N-4, s. 114. Offences in relation to documents 125 Every person who (a) wilfully or negligently makes a false statement or entry in a document made or signed by that person and required for official purposes or who, being aware of the falsity of a statement or entry in a document so required, orders the making or signing thereof, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Miscellaneous Offences Sections 125-128 (b) when signing a document required for official purposes, leaves in blank any material part for which the signature is a voucher, or (c) with intent to injure any person or with intent to deceive, suppresses, defaces, alters or makes away with any document or file kept, made or issued for any military or departmental purpose, is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding three years or to less punishment. R.S., c. N-4, s. 115. Refusing immunization, tests, blood examination or treatment 126 Every person who, on receiving an order to submit to inoculation, re-inoculation, vaccination, re-vaccination, other immunization procedures, immunity tests, blood examination or treatment against any infectious disease, wilfully and without reasonable excuse disobeys that order is guilty of an offence and on conviction is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 116. Injurious or destructive handling of dangerous substances 127 Every person who wilfully or negligently or by neglect of or contrary to regulations, orders or instructions does any act or omits to do anything, in relation to any thing or substance that may be dangerous to life or property, which act or omission causes or is likely to cause loss of life or bodily injury to any person or damage to or destruction of any property, is guilty of an offence and on conviction, if he acted wilfully, is liable to imprisonment for life or to less punishment and, in any other case, is liable to imprisonment for less than two years or to less punishment. R.S., c. N-4, s. 117. Conspiracy 128 Every person who conspires with any other person, whether or not that other person is subject to the Code of Service Discipline, to commit an offence under the Code of Service Discipline is guilty of an offence and on conviction is liable to imprisonment for a term not exceeding seven years or to less punishment. R.S., c. N-4, s. 118. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Conduct to the Prejudice of Good Order and Discipline Section 129 Conduct to the Prejudice of Good Order and Discipline Prejudicing good order or discipline 129 (1) Any act, conduct, disorder or neglect to the prejudice of good order and discipline is an offence and every person convicted thereof is liable to dismissal with disgrace from Her Majesty’s service or to less punishment. Offence and contraventions prejudicial to good order and discipline (2) An act or omission constituting an offence under section 72 or a contravention by any person of (a) any of the provisions of this Act, (b) any regulations, orders or instructions published for the general information and guidance of the Canadian Forces or any part thereof, or (c) any general, garrison, unit, station, standing, local or other orders, is an act, conduct, disorder or neglect to the prejudice of good order and discipline. Attempts to commit offences (3) An attempt to commit any of the offences prescribed in sections 73 to 128 is an act, conduct, disorder or neglect to the prejudice of good order and discipline. Saving provision (4) Nothing in subsection (2) or (3) affects the generality of subsection (1). Not intended to cover offences elsewhere provided for (5) No person may be charged under this section with any offence for which special provision is made in sections 73 to 128 but the conviction of a person so charged is not invalid by reason only of the charge being in contravention of this subsection unless it appears that an injustice has been done to the person charged by reason of the contravention. Officer’s responsibility not affected (6) The responsibility of any officer for the contravention of subsection (5) is not affected by the validity of any conviction on the charge in contravention of that subsection. R.S., c. N-4, s. 119. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences Punishable by Ordinary Law Section 130 Offences Punishable by Ordinary Law Service trial of civil offences 130 (1) An act or omission (a) that takes place in Canada and is punishable under Part VII, the Criminal Code or any other Act of Parliament, or (b) that takes place outside Canada and would, if it had taken place in Canada, be punishable under Part VII, the Criminal Code or any other Act of Parliament, is an offence under this Division and every person convicted thereof is liable to suffer punishment as provided in subsection (2). Punishment (2) Subject to subsection (3), if a court martial convicts a person under subsection (1), it shall, (a) if the conviction was in respect of an offence (i) committed in Canada under Part VII, the Criminal Code or any other Act of Parliament and for which a minimum punishment is prescribed, or (ii) committed outside Canada under section 235 of the Criminal Code, impose a punishment in accordance with the enactment prescribing the minimum punishment for the offence; or (b) in any other case, (i) impose the punishment prescribed for the offence by Part VII, the Criminal Code or that other Act, or (ii) impose dismissal with disgrace from Her Majesty’s service or less punishment. Code of Service Discipline applies (3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under paragraph (2)(a) or subparagraph (2)(b)(i). Saving provision (4) Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 129 Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences Punishable by Ordinary Law Sections 130-132 and to impose the punishment for that offence described in the section prescribing that offence. R.S., 1985, c. N-5, s. 130; 1998, c. 35, ss. 33, 92; 2019, c. 15, s. 10. Reference to Attorney General 131 For the purposes of this Act, the reference in section 320.4 of the Criminal Code to the Attorney General includes the Attorney General of Canada. R.S., 1985, c. N-5, s. 131; R.S., 1985, c. 27 (1st Supp.), s. 187; 2018, c. 21, s. 43. Offences under law applicable outside Canada 132 (1) An act or omission that takes place outside Canada and would, under the law applicable in the place where the act or omission occurred, be an offence if committed by a person subject to that law is an offence under this Division, and every person who is found guilty thereof is liable to suffer punishment as provided in subsection (2). Punishment for offence under law applicable outside Canada (2) Subject to subsection (3), where a court martial finds a person guilty of an offence under subsection (1), the court martial shall impose the punishment in the scale of punishments that it considers appropriate, having regard to the punishment prescribed by the law applicable in the place where the act or omission occurred and the punishment prescribed for the same or a similar offence in this Act, the Criminal Code or any other Act of Parliament. Application of Code of Service Discipline (3) All provisions of the Code of Service Discipline in respect of a punishment of imprisonment for life, for two years or more or for less than two years, and a fine, apply in respect of punishments imposed under subsection (2). Saving provision (4) Nothing in this section is in derogation of the authority conferred by other sections of the Code of Service Discipline to charge, deal with and try a person alleged to have committed any offence set out in sections 73 to 130 and to impose the punishment for that offence described in the section prescribing that offence. Contravention of customs laws (5) Where an act or omission constituting an offence under subsection (1) contravenes the customs laws applicable in the place where the offence was committed, any officer appointed under the regulations for the purposes of this section may seize and detain any goods by means of or in relation to which the officer believes on reasonable grounds that the offence was committed and, if any Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Offences Punishable by Ordinary Law Sections 132-137 person is convicted of the offence under subsection (1), the goods may, in accordance with regulations made by the Governor in Council, be forfeited to Her Majesty and may be disposed of as provided by those regulations. R.S., 1985, c. N-5, s. 132; 1998, c. 35, ss. 34, 92; 2019, c. 15, s. 46. Conviction of Cognate Offence Person charged with desertion 133 (1) A person charged with desertion may be found guilty of attempting to desert or of being absent without leave. Person charged with attempt to desert (2) A person charged with attempting to desert may be found guilty of being absent without leave. R.S., c. N-4, s. 122. Person charged with violent offence against officer 134 (1) A person charged with any one of the offences prescribed in section 84 may be found guilty of any other offence prescribed in that section. Person charged with insubordinate behaviour (2) A person charged with any one of the offences prescribed in section 85 may be found guilty of any other offence prescribed in that section. R.S., c. N-4, s. 122. Conviction of offence in circumstances involving lower punishment 135 A person charged with a service offence may, on failure of proof of an offence having been committed under circumstances involving a higher punishment, be found guilty of the same offence as having been committed under circumstances involving a lower punishment. R.S., c. N-4, s. 122. Powers on service trial of civil offences 136 Where a person is charged with an offence under section 130 and the charge is one on which he might, in the event of trial by a civil court in Canada for that offence, have been found guilty of any other offence, the person may be found guilty of that other offence. R.S., c. N-4, s. 122. Offence charged, attempt proved 137 (1) If the complete commission of an offence charged is not proved but the evidence establishes an attempt to commit the offence, the accused person may be found guilty of the attempt. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Conviction of Cognate Offence Sections 137-139 (2) [Repealed, 2019, c. 15, s. 11] (3) [Repealed, 2019, c. 15, s. 11] R.S., 1985, c. N-5, s. 137; 1992, c. 16, s. 1; 2013, c. 24, s. 18(E); 2019, c. 15, s. 11. Special finding of guilty 138 A court martial may, instead of making a finding of not guilty, make a special finding of guilty if it concludes that (a) the facts proved in respect of an offence being tried by it differ materially from the facts alleged in the statement of particulars but are sufficient to establish the commission of the offence charged; and (b) the difference between the facts proved and the facts alleged in the statement of particulars has not prejudiced the accused person in their defence. If the court martial makes a special finding of guilty, it shall state the differences between the facts proved and the facts alleged in the statement of particulars. R.S., 1985, c. N-5, s. 138; 2019, c. 15, s. 12. Punishments Scale of punishments 139 (1) The following punishments may be imposed in respect of service offences and each of those punishments is a punishment less than every punishment preceding it: (a) imprisonment for life; (b) imprisonment for two years or more; (c) dismissal with disgrace from Her Majesty’s service; (d) imprisonment for less than two years; (e) dismissal from Her Majesty’s service; (f) detention; (g) reduction in rank; (h) forfeiture of seniority; (i) severe reprimand; (j) reprimand; (k) fine; and (l) minor punishments. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Punishments Sections 139-140.4 Definition of less punishment (2) Where a punishment for an offence is specified by the Code of Service Discipline and it is further provided in the alternative that on conviction the offender is liable to less punishment, the expression less punishment means any one or more of the punishments lower in the scale of punishments than the specified punishment. R.S., 1985, c. N-5, s. 139; 1998, c. 35, s. 35. Imprisonment for shorter term 140 Every person who, on conviction of a service offence, is liable to imprisonment for life, other than as a minimum punishment, or for a term of years or other term may be sentenced to imprisonment for a shorter term. R.S., 1985, c. N-5, s. 140; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 36. Dismissal as accompanying punishment 140.1 (1) Where a court martial imposes a punishment of imprisonment for life or for two years or more on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal with disgrace from Her Majesty’s service or a punishment of dismissal from Her Majesty’s service. Dismissal as accompanying punishment (2) Where a court martial imposes a punishment of imprisonment for less than two years on an officer or a noncommissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of dismissal from Her Majesty’s service. 1998, c. 35, s. 36. Reduction in rank as accompanying punishment 140.2 Where a court martial imposes a punishment of imprisonment on an officer or a non-commissioned member, the court martial may in addition, notwithstanding any other provision of this Division, impose a punishment of reduction in rank, that may be (a) in the case of an officer, to the lowest commissioned rank; and (b) in the case of a non-commissioned member, to the lowest rank to which under the regulations the noncommissioned member can be reduced. 1998, c. 35, s. 36. 140.3 [Repealed, 2013, c. 24, s. 19] 140.4 [Repealed, 2013, c. 24, s. 19] Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Punishments Sections 141-143 Dismissal with disgrace 141 (1) If a court martial imposes a punishment of dismissal with disgrace from Her Majesty’s service on an officer or non-commissioned member, it may, in addition, despite any other provision of this Division, impose a punishment of imprisonment for less than two years. Effective date of dismissal (1.1) A punishment of dismissal with disgrace from Her Majesty’s service or dismissal from Her Majesty’s service is deemed to be carried out as of the date on which the release of an officer or a non-commissioned member from the Canadian Forces is effected. Consequences (2) A person on whom a punishment of dismissal with disgrace from Her Majesty’s service has been carried out is not, except in an emergency or unless that punishment is subsequently set aside or altered, eligible to serve Her Majesty again in any military or civil capacity. R.S., 1985, c. N-5, s. 141; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, ss. 37, 92; 2019, c. 15, s. 13(E). Detention 142 (1) The punishment of detention is subject to the following conditions: (a) detention may not exceed ninety days and a person sentenced to detention may not be subject to detention for more than ninety days consecutively by reason of more than one conviction; and (b) no officer may be sentenced to detention. Reduction in rank during detention (2) A non-commissioned member above the rank of private who is sentenced to detention is deemed to be reduced to the rank of private until the sentence of detention is completed. R.S., 1985, c. N-5, s. 142; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 38; 2013, c. 24, s. 20. Reduction in rank 143 (1) The punishment of reduction in rank applies to officers above the rank of second lieutenant and to noncommissioned members above the rank of private. Restrictions (2) The punishment of reduction in rank does not (a) involve reduction to a rank lower than that to which under regulations the offender can be reduced; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Punishments Sections 143-147 (b) in the case of a commissioned officer, involve reduction to a rank lower than commissioned rank. R.S., 1985, c. N-5, s. 143; R.S., 1985, c. 31 (1st Supp.), s. 60. Forfeiture of seniority 144 Where a court martial imposes a punishment of forfeiture of seniority on an officer or non-commissioned member, the court martial shall in passing sentence specify the period for which seniority is to be forfeited. R.S., 1985, c. N-5, s. 144; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39. Fine 145 (1) A fine must be imposed in a stated amount. Terms of payment (2) The terms of payment of a fine are in the discretion of the court martial that imposes the fine. Variation of terms of payment (3) The terms of payment of a fine may be varied by the military judge who imposed the fine or a military judge designated by the Chief Military Judge. R.S., 1985, c. N-5, s. 145; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 39; 2019, c. 15, s. 14; 2019, c. 15, s. 46. Civil enforcement of fines 145.1 (1) If an offender is in default of payment of a fine, the Minister may, in addition to any other method provided by law for recovering the fine, by filing the conviction, enter as a judgment the amount of the fine and costs, if any, in any court in Canada that has jurisdiction to enter a judgment for that amount. Effect of filing order (2) A judgment that is entered under this section is enforceable in the same manner as if it were a judgment obtained by the Minister in civil proceedings. 2013, c. 24, s. 21. Minor punishments 146 Minor punishments shall be such as are prescribed in regulations made by the Governor in Council. R.S., c. N-4, s. 125. 147 [Repealed, 2019, c. 15, s. 15] Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Prohibition Orders Section 147.1 Prohibition Orders Prohibition order 147.1 (1) If a court martial considers it desirable, in the interests of the safety of an offender or of any other person, it shall — in addition to any other punishment that may be imposed for the offence — make an order prohibiting the offender from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition or explosive substance, or all such things, on convicting or discharging absolutely the offender of (a) an offence in the commission of which violence against a person was used, threatened or attempted; (b) an offence that involves, or the subject-matter of which is, a firearm, a cross-bow, a prohibited weapon, a restricted weapon, a prohibited device, any ammunition, any prohibited ammunition or an explosive substance; (c) an offence relating to the contravention of any of sections 5 to 7 of the Controlled Drugs and Substances Act; (c.1) an offence relating to the contravention of any of sections 9 to 14 of the Cannabis Act; or (d) an offence that is punishable under section 130 and that is described in paragraph 109(1)(b) of the Criminal Code. Duration of prohibition order (2) An order made under subsection (1) begins on the day the order is made and ends on the day specified in the order. Application of order (3) Unless it specifies otherwise, an order made under subsection (1) does not prohibit an officer or a non-commissioned member from possessing any thing necessary for the performance of their duties. Notification (4) A court martial that makes an order under subsection (1) shall without delay cause the Registrar of Firearms appointed under section 82 of the Firearms Act to be notified of the order. 1995, c. 39, s. 176; 1996, c. 19, s. 83.1; 2012, c. 1, s. 50; 2013, c. 24, s. 22; 2018, c. 16, ss. 168, 188(E). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Prohibition Orders Sections 147.2-147.5 Requirement to surrender 147.2 A court martial that makes an order under subsection 147.1(1) may, in the order, require the offender against whom the order is made to surrender to a member of the military police or to the offender’s commanding officer (a) any thing the possession of which is prohibited by the order that is in the possession of the offender on the commencement of the order; and (b) every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by the order that is held by the offender on the commencement of the order. The court martial shall specify in the order a reasonable period for surrendering the thing or document, and during that period section 117.01 of the Criminal Code does not apply to the offender. 1995, c. 39, s. 176; 2013, c. 24, s. 23. Forfeiture 147.3 (1) Unless an order made under subsection 147.1(1) specifies otherwise, every thing the possession of which is prohibited by the order that, on the commencement of the order, is in the possession of the person against whom the order is made is forfeited to Her Majesty. Disposal (2) Every thing forfeited to Her Majesty under subsection (1) shall be disposed of or otherwise dealt with as the Minister directs. 1995, c. 39, s. 176. Authorizations revoked or amended 147.4 Every authorization, licence and registration certificate relating to any thing the possession of which is prohibited by an order made under subsection 147.1(1) and issued to a person against whom the order is made is, on the commencement of the order, revoked, or amended, as the case may be, to the extent of the prohibitions in the order. 1995, c. 39, s. 176. Return to owner 147.5 Where the Minister is, on application for an order under this section, satisfied that a person, other than the person against whom an order under subsection 147.1(1) was made, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Prohibition Orders Sections 147.5-147.6 (a) is the owner of any thing that is or may be forfeited to Her Majesty under subsection 147.3(1) and is lawfully entitled to possess it, and (b) had no reasonable grounds to believe that the thing would or might be used in the commission of the offence in respect of which the order was made, the Minister shall order that the thing be returned to the owner or the proceeds of any sale of the thing be paid to that owner, or, if the thing was destroyed, that an amount equal to the value of the thing be paid to the owner. 1995, c. 39, s. 176. Order to Abstain from Communicating If injury or damage feared 147.6 (1) An information may, in accordance with regulations made by the Governor in Council, be laid before a military judge by or on behalf of any victim who fears on reasonable grounds that a person who is subject to the Code of Service Discipline will cause physical or emotional harm to the victim, to the victim’s spouse, to a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, or to the victim’s child or will cause damage to the victim’s property. Parties to appear (2) The military judge who receives the information shall cause the parties to appear before the military judge, either in person or otherwise. Order (3) The military judge may, if satisfied by the evidence that there are reasonable grounds for the victim’s fears, order that the person who is subject to the Code of Service Discipline and who is referred to in the information (a) abstain from communicating, directly or indirectly, with any of the following individuals who are specified in the order: (i) the victim, (ii) the victim’s spouse, (iii) a person who is cohabiting with the victim in a conjugal relationship, having so cohabited for a period of at least one year, (iv) the victim’s child; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Order to Abstain from Communicating Sections 147.6-148 (b) refrain from going to any place specified in the order; or (c) comply with any other condition specified in the order that the military judge considers necessary. Absence of military judge (4) If, for operational reasons, no military judge is available, the information may be laid before a commanding officer and, if it is so laid, that commanding officer has all the powers of a military judge that are set out in subsection (3). Review (5) Every decision of a commanding officer to make or not make an order under subsection (3) must be reviewed as soon as feasible by a military judge. The military judge may, at the conclusion of the review, amend any order that was made and, if none was made, make any order under that subsection. 2019, c. 15, s. 16. Intermittent Sentences Imprisonment or detention 148 (1) A court martial that sentences an offender to imprisonment or detention for a period of 14 days or less may, on application of the offender and having regard to the offender’s age and character, the nature of the offence and the circumstances surrounding its commission, and the availability of appropriate accommodation to ensure compliance with the sentence, order (a) that the sentence be served intermittently at the times specified in the order; and (b) that the offender comply with any conditions prescribed in the order when the offender is not in confinement during the period during which the sentence is served. Application to vary intermittent sentence (2) An offender who is ordered to serve a sentence intermittently may apply to have the sentence served on consecutive days by applying to a military judge after giving notice to the Director of Military Prosecutions. New sentence of imprisonment or detention (3) If a court martial imposes a sentence of imprisonment or detention on an offender who is subject to an intermittent sentence in respect of another offence, the unexpired portion of the intermittent sentence is to be served on consecutive days unless the court martial orders otherwise. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Intermittent Sentences Sections 148-149.2 Hearing into breach of conditions (4) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under paragraph (1)(b) may be made by a military judge. Consequences of breach (5) If a military judge determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the military judge may (a) revoke the order made under subsection (1) and order that the offender serve the sentence on consecutive days; or (b) vary any conditions imposed under paragraph (1)(b) and substitute or add other conditions as the military judge sees fit. R.S., 1985, c. N-5, s. 148; 2013, c. 24, s. 24; 2019, c. 15, s. 63. Incarceration under more than one Sentence Concurrent punishment 149 Where a person is under a sentence imposed by a court martial that includes a punishment involving incarceration and another court martial subsequently passes a new sentence that also includes a punishment involving incarceration, both punishments of incarceration shall, subject to section 745.51 of the Criminal Code, after the date of the pronouncement of the new sentence, run concurrently but the punishment higher in the scale of punishments shall be served first. R.S., 1985, c. N-5, s. 149; 2011, c. 5, s. 7; 2019, c. 15, s. 46. 149.1 [Repealed before coming into force, 2005, c. 22, s. 47] Punishment for Certain Offences Punishment for certain offences 149.2 (1) Notwithstanding anything in this Act, the Criminal Code or any other Act of Parliament, a person convicted of an offence under this Act for which the maximum punishment is imprisonment for five years or more, or an offence punishable under section 130 that is an indictable offence under the Criminal Code or any other Act of Parliament, other than an offence for which a sentence of imprisonment for life is imposed as a minimum punishment, where the act or omission constituting Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 2 Service Offences and Punishments Punishment for Certain Offences Sections 149.2-153 the offence also constitutes a terrorist activity, is liable to imprisonment for life. Offender must be notified (2) Subsection (1) does not apply unless the Director of Military Prosecutions satisfies the court martial that the offender, before making a plea, was notified that the application of that subsection would be sought by reason of the act or omission constituting the offence also constituting a terrorist activity. 2001, c. 41, s. 99. 150 [Repealed, 2013, c. 24, s. 25] 151 [Repealed, 2013, c. 24, s. 25] 152 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 47] DIVISION 3 Arrest and Pre-Trial Custody Interpretation Definitions 153 The definitions in this section apply in this Division. custody review officer, in respect of a person in custody, means (a) the officer who is the person’s commanding officer, or an officer who is designated by that officer; or (b) if it is not practical for an officer referred to in paragraph (a) to act as the custody review officer, the officer who is the commanding officer of the unit or element where the person is in custody or an officer who is designated by that officer. (officier réviseur) designated offence means (a) an offence that is punishable under section 130 that is (i) listed in section 469 of the Criminal Code, (ii) an offence punishable by imprisonment for life under subsection 5(3), 6(3) or 7(2) of the Controlled Drugs and Substances Act, or (iii) an offence of conspiring to commit an offence under any subsection referred to in subparagraph (ii); Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Interpretation Sections 153-155 (b) an offence under this Act where the minimum punishment is imprisonment for life; (c) an offence under this Act for which a punishment higher in the scale of punishments than imprisonment for less than two years may be awarded that is alleged to have been committed while at large after having been released in respect of another offence pursuant to the provisions of this Division or Division 10; (d) an offence under this Act that is a criminal organization offence; or (e) an offence under this Act that is a terrorism offence. (infraction désignée) R.S., 1985, c. N-5, s. 153; R.S., 1985, c. 31 (1st Supp.), s. 47; 1998, c. 35, s. 40; 2001, c. 41, s. 100; 2012, c. 1, s. 48(E); 2013, c. 24, s. 26(F). Authority to Arrest General authority 154 (1) Every person who has committed, is found committing or is believed on reasonable grounds to have committed a service offence, or who is charged with having committed a service offence, may be placed under arrest. Reasonably necessary force (2) Every person authorized to effect arrest under this Division may use such force as is reasonably necessary for that purpose. R.S., 1985, c. N-5, s. 154; R.S., 1985, c. 31 (1st Supp.), s. 48; 1998, c. 35, s. 92. Powers of officers 155 (1) An officer may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of (a) any non-commissioned member; (b) any officer of equal or lower rank; and (c) any officer of higher rank who is engaged in a quarrel, fray or disorder. Powers of non-commissioned members (2) A non-commissioned member may, without a warrant, in the circumstances described in section 154, arrest or order the arrest of (a) any non-commissioned member of lower rank; and (b) any non-commissioned member of equal or higher rank who is engaged in a quarrel, fray or disorder. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Authority to Arrest Sections 155-156 Limitations on power of arrest (2.1) Unless ordered to do so by a superior officer, an officer or non-commissioned member shall not order the arrest of a person, nor arrest a person, without a warrant for an offence that is not a serious offence if: (a) they have reasonable grounds to believe that the public interest may be satisfied without so arresting the person, having regard to all the circumstances including the need to (i) establish the person’s identity, (ii) secure or preserve evidence of or relating to the offence, and (iii) prevent the continuation or repetition of the offence or the commission of another offence; and (b) they have no reasonable grounds to believe that, if the person is not so arrested, the person will fail to attend before a court martial in order to be dealt with according to law. Arrest of persons other than officers or noncommissioned members (3) Every person who is not an officer or non-commissioned member but who was subject to the Code of Service Discipline at the time of the alleged commission by that person of a service offence may, without a warrant, be arrested or ordered to be arrested by such person as any commanding officer may designate for that purpose. R.S., 1985, c. N-5, s. 155; R.S., 1985, c. 31 (1st Supp.), s. 60; 2013, c. 24, s. 27; 2019, c. 15, s. 63. Powers of military police 156 (1) Officers and non-commissioned members who are appointed as members of the military police under regulations made for the purposes of this section may (a) detain or arrest without a warrant any person who is subject to the Code of Service Discipline, regardless of the person’s rank or status, who has committed, is found committing, is believed on reasonable grounds to be about to commit or to have committed a service offence or who is charged with having committed a service offence; and (b) exercise such other powers for carrying out the Code of Service Discipline as are prescribed in regulations made by the Governor in Council. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Authority to Arrest Sections 156-157 Arrest without warrant — limitations (2) A member of the military police shall not arrest a person without a warrant for an offence that is not a serious offence if paragraphs 155(2.1)(a) and (b) apply. R.S., 1985, c. N-5, s. 156; R.S., 1985, c. 31 (1st Supp.), ss. 49, 60; 1998, c. 35, s. 41; 2013, c. 24, s. 28. Issue of warrants 157 (1) Subject to subsection (2), every commanding officer, and every officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing, may by a warrant under his or her hand authorize any person to arrest any person subject to the Code of Service Discipline who (a) has committed a service offence; (b) is believed on reasonable grounds to have committed a service offence; or (c) is charged under this Act with having committed a service offence. Limitation (2) An officer authorized to issue a warrant under this section shall not, unless the officer has certified on the face of the warrant that the exigencies of the service so require, issue a warrant for the arrest of any officer of rank higher than the rank held by the officer so authorized. Limitation (2.1) An officer authorized to issue a warrant under this section shall not issue a warrant for the arrest of any person who is a member of, serving with, or attached or seconded to the same unit of the Canadian Forces as the officer. Contents of warrants (3) In any warrant issued under this section, the offence in respect of which the warrant is issued shall be stated and the names of more persons than one in respect of the same offence, or several offences of the same nature, may be included. Saving provision (4) Nothing in this section shall be deemed to be in derogation of the authority that any person, including an officer or non-commissioned member, may have under other sections of this Act or otherwise under the law of Canada to arrest any other person without a warrant. R.S., 1985, c. N-5, s. 157; R.S., 1985, c. 31 (1st Supp.), ss. 50, 60; 2019, c. 15, s. 17. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Action following Arrest Section 158 Action following Arrest Release from custody 158 (1) A person arrested under this Act shall, as soon as is practicable, be released from custody by the person making the arrest, unless the person making the arrest believes on reasonable grounds that it is necessary that the person under arrest be retained in custody having regard to all the circumstances, including (a) the gravity of the offence alleged to have been committed; (b) the need to establish the identity of the person under arrest; (c) the need to secure or preserve evidence of or relating to the offence alleged to have been committed; (d) the need to ensure that the person under arrest will appear before a court martial or civil court to be dealt with according to law; (e) the need to prevent the continuation or repetition of the offence alleged to have been committed or the commission of any other offence; and (f) the necessity to ensure the safety and security of the person under arrest, any victim of the offence, or any other person. Retention in custody (2) If an arrested person is to be retained in custody, the person shall be placed in service custody or civil custody. Such force as is reasonably necessary for the purpose may be used. Duty to receive into service custody (3) The officer or non-commissioned member in charge of a guard or a guard-room or a member of the military police shall receive and keep a person under arrest who is committed to their custody. Account in writing (4) The person who commits a person under arrest to service custody shall, at the time of committal, deliver to the officer or non-commissioned member into whose custody the person under arrest is committed a signed account in writing setting out why the person under arrest is being committed to custody. R.S., 1985, c. N-5, s. 158; R.S., 1985, c. 31 (1st Supp.), ss. 51, 60; 1998, c. 35, s. 42; 2013, c. 24, s. 29; 2019, c. 15, s. 18. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Action following Arrest Sections 158.1-158.2 Report of custody 158.1 (1) The officer or non-commissioned member into whose custody a person under arrest is committed shall, as soon as practicable, and in any case within twenty-four hours after the arrest of the person committed to custody, deliver a report of custody, in writing, to the custody review officer. Contents (2) The report of custody must set out the name of the person in custody, an account of the offence alleged to have been committed by that person so far as it is known and the name and rank, if any, of the person who committed the person into service custody. Representations concerning release (3) Before the report of custody is delivered to the custody review officer, (a) a copy of the report and the account in writing must be provided to the person in custody; and (b) the person in custody must be given the opportunity to make representations concerning the person’s release from custody. Representations to be reduced to writing (4) Representations concerning release made by or on behalf of the person in custody must be reduced to writing or recorded by any other means. Accompanying documents (5) When the report of custody is delivered, it must be accompanied by the account in writing and any representations made by or on behalf of the person in custody or a statement confirming that the person was given the opportunity to make representations but did not do so. 1998, c. 35, s. 42. Initial Review Review of report of custody 158.2 (1) The custody review officer shall review the report of custody and the accompanying documents as soon as practicable after receiving them and in any case within forty-eight hours after the arrest of the person committed to custody. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Initial Review Sections 158.2-158.6 Duty to release (2) After reviewing the report of custody and the accompanying documents, the custody review officer shall direct that the person committed to custody be released immediately unless the officer believes on reasonable grounds that it is necessary that the person be retained in custody, having regard to all the circumstances, including those set out in subsection 158(1). 1998, c. 35, s. 42. Continuing duty to release 158.3 If, at any time after receiving the report of custody and before the person in custody is brought before a military judge, the custody review officer no longer believes that the grounds to retain the person in custody exist, the custody review officer shall direct that the person be released from custody. 1998, c. 35, s. 42. Duty to retain in custody if designated offence 158.4 Notwithstanding subsection 158.2(2) and section 158.3, if the person in custody is charged with having committed a designated offence, the custody review officer shall direct that the person be retained in custody. 1998, c. 35, s. 42. Duty to review where charge not laid 158.5 If a charge is not laid within seventy-two hours after the person in custody was arrested, the custody review officer shall determine why a charge has not been laid and reconsider whether it remains necessary to retain the person in custody. 1998, c. 35, s. 42. Release with or without conditions 158.6 (1) The custody review officer may direct that the person be released without conditions or that the person be released and, as a condition of release, direct the person to comply with any of the following conditions: (a) remain under military authority; (b) report at specified times to a specified military authority; (c) remain within the confines of a specified defence establishment or at a location within a geographical area; (d) abstain from communicating with any witness or specified person, or refrain from going to any specified place; and (e) comply with such other reasonable conditions as are specified. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Initial Review Sections 158.6-158.7 Consideration of victim’s safety and security (1.1) If the custody review officer directs that the person be released, with or without conditions, the custody review officer shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence. Copy to victim (1.2) The custody review officer shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. Review (2) A direction to release a person with or without conditions may, on application, be reviewed by (a) if the custody review officer is an officer designated by a commanding officer, that commanding officer; or (b) if the custody review officer is a commanding officer, the next superior officer to whom the commanding officer is responsible in matters of discipline. Powers (3) After giving a representative of the Canadian Forces and the released person an opportunity to be heard, the officer conducting the review may make any direction that a custody review officer may make under subsection (1). If he or she makes a direction, subsections (1.1) and (1.2) apply with any necessary modifications. 1998, c. 35, s. 42; 2013, c. 24, s. 30(F); 2019, c. 15, s. 19. Direction — no communication 158.61 If a custody review officer directs that a person be retained in custody, the custody review officer may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction except in accordance with any conditions specified in the direction that the officer considers necessary. 2019, c. 15, s. 20. Review by Military Judge Review of directions 158.7 (1) A military judge may, on application by counsel for the Canadian Forces or by a person released with conditions and after giving counsel and the released person an opportunity to be heard, review any of the following directions and make any direction that a custody review officer may make under subsection 158.6(1): Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Review by Military Judge Sections 158.7-159.1 (a) a direction that was reviewed under subsection 158.6(2); (b) a direction that was made under subsection 158.6(3); and (c) a direction that was made under this section. Conditions (2) A military judge shall not direct that a condition, other than the condition of keeping the peace and being of good behaviour, be imposed unless counsel for the Canadian Forces shows cause why it is necessary that the condition be imposed. Further applications (3) If an application under this section has been heard, another application under this section may not be made with respect to the same person, except with leave of a military judge, before the expiry of 30 days from the day on which a decision was made in respect of the most recent application. 2013, c. 24, s. 31. Hearing by military judge 159 (1) A custody review officer who does not direct the release of a person from custody shall, as soon as practicable, cause the person to be taken before a military judge for the purpose of a hearing to determine whether the person is to be retained in custody. Applicable operational considerations (2) In determining when it is practicable to cause the person to be taken before a military judge, the custody review officer may have regard to the constraints of military operations, including the location of the unit or element where the person is in custody and the circumstances under which it is deployed. R.S., 1985, c. N-5, s. 159; R.S., 1985, c. 31 (1st Supp.), s. 52; 1998, c. 35, s. 42. Onus on Canadian Forces 159.1 When the person retained in custody is taken before a military judge, the military judge shall direct that the person be released from custody unless counsel for the Canadian Forces, or in the absence of counsel a person appointed by the custody review officer, shows cause why the continued retention of the person in custody is justified or why any other direction under this Division should be made. 1998, c. 35, s. 42. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Review by Military Judge Sections 159.2-159.31 Justification for retention in custody 159.2 For the purposes of sections 159.1 and 159.3, the retention of a person in custody is only justified when one or more of the following grounds have been established to the satisfaction of the military judge: (a) custody is necessary to ensure the person’s attendance before a court martial or civil court to be dealt with according to law; (b) custody is necessary for the protection or the safety of the public, having regard to all the circumstances including any substantial likelihood that the person will, if released from custody, commit an offence or interfere with the administration of military justice; and (c) custody is necessary to maintain public trust in the administration of military justice, having regard to the circumstances including the apparent strength of the prosecution’s case, the gravity of the nature of the offence, the circumstances surrounding its commission and the potential for a lengthy term of imprisonment. 1998, c. 35, s. 42; 2013, c. 24, s. 32; 2019, c. 15, s. 21. Onus on person in custody 159.3 (1) Notwithstanding section 159.1, if the person in custody is charged with having committed a designated offence, the military judge shall direct that the person be retained in custody until dealt with according to law, unless the person shows cause why the person’s retention in custody is not justified. Release on undertaking (2) If the person in custody shows cause why the person’s retention in custody is not justified, the military judge shall direct that the person be released from custody on giving any undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate, unless the person in custody shows cause why the giving of an undertaking is not justified. 1998, c. 35, s. 42. Direction — no communication 159.31 If a military judge directs that a person be retained in custody, the military judge may also direct that the person abstain from communicating, directly or indirectly, with any victim, witness or other person specified in the direction, except in accordance with any conditions specified in the direction that the military judge considers necessary. 2019, c. 15, s. 22. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Review by Military Judge Sections 159.4-159.6 Release with or without undertaking 159.4 (1) The military judge may direct that the person be released without conditions or that the person be released on the giving of an undertaking to comply with any of the conditions referred to in section 158.6 that the military judge considers appropriate. Variation of undertaking (2) The undertaking under which a person is released may be varied (a) by direction of a military judge on application with reasonable notice being given; or (b) with the written consent of the person and the Director of Military Prosecutions. 1998, c. 35, s. 42. Hearing may be adjourned 159.5 The military judge may adjourn the hearing on the military judge’s own motion or on application, but the adjournment may not be for more than three clear days except with the consent of the person in custody. 1998, c. 35, s. 42. Alternate means of hearing 159.6 (1) The military judge may direct that the hearing be conducted wholly or in part by the means of a telecommunications device, including by telephone, if the military judge is satisfied that the benefit of a hearing by that device outweighs the potential prejudice to the person in custody of conducting a hearing by that device. Representations and factors to be considered (2) In deciding whether to make the direction, the military judge shall take into account (a) the location of the person in custody; (b) the gravity of the offence; (c) the circumstances under which the unit or element detaining the person in custody is deployed; (d) the availability of counsel for the Canadian Forces and the person in custody; (e) the limitations of available telecommunications devices; (f) the time required to bring the person in custody and the person’s counsel before the military judge; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Review by Military Judge Sections 159.6-159.9 (g) any other matter that the military judge considers relevant. 1998, c. 35, s. 42. Reasons 159.7 (1) The military judge shall include in the minutes of any proceedings under this Division the reasons for any direction. Consideration of victim’s safety and security (2) If the military judge directs that a person be released, with or without conditions, the military judge shall include in the direction a statement that he or she has considered the safety and security of every victim of the alleged offence. Copy to victim (3) The military judge shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. 1998, c. 35, s. 42; 2019, c. 15, s. 23. Duty of Director of Military Prosecutions Review after 90 days 159.8 If the trial of a person who has been retained in custody has not commenced within ninety days after the day that person was last taken before a military judge, the Director of Military Prosecutions shall cause the person to be brought before a military judge to determine whether the continued retention of the person in custody is justified under section 159.2. 1998, c. 35, s. 42. Review by Court Martial Appeal Court Review of direction 159.9 (1) At any time before the commencement of a person’s trial, a judge of the Court Martial Appeal Court may, on application, review any direction of a military judge under this Division to release the person from custody with or without an undertaking or to retain the person in custody. Application of provisions (2) The provisions of this Division apply, with any modifications that the circumstances require, to any review under this section. 1998, c. 35, s. 42. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 3 Arrest and Pre-Trial Custody Direction Cancelled Sections 159.91-161.1 Direction Cancelled Regulations 159.91 A direction to retain a person in custody or impose conditions on their release is cancelled in the circumstances prescribed in regulations made by the Governor in Council. 2013, c. 24, s. 33. DIVISION 4 Commencement of Proceedings Interpretation Definition of commanding officer 160 In this Division, commanding officer, in respect of a person charged with having committed a service offence or a service infraction, means the commanding officer of the person and includes an officer who is empowered by regulations made by the Governor in Council to act as the commanding officer of the person. R.S., 1985, c. N-5, s. 160; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 42; 2019, c. 15, s. 24. Laying of Charge Laying of charge 161 (1) Proceedings against a person who is alleged to have committed a service offence or a service infraction are commenced by the laying of a charge in accordance with regulations made by the Governor in Council. Duty to act expeditiously (2) If the person is retained in custody or released from custody with conditions, a charge must be laid as expeditiously as the circumstances permit. R.S., 1985, c. N-5, s. 161; 1998, c. 35, s. 42; 2013, c. 24, s. 34; 2019, c. 15, s. 24. Referral of charge — service offence 161.1 (1) After a person is charged with having committed a service offence, the charge must be referred, in accordance with regulations made by the Governor in Council, to the Director of Military Prosecutions. Referral of charge — service infraction (2) After a person is charged with having committed a service infraction, the charge must be referred, in accordance with regulations made by the Governor in Council, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 4 Commencement of Proceedings Laying of Charge Sections 161.1-162.4 to an officer who is a commanding officer in respect of the person. 1998, c. 35, s. 42; 2019, c. 15, s. 24. Duty to Act Expeditiously Duty to act expeditiously 162 Charges laid under the Code of Service Discipline shall be dealt with as expeditiously as the circumstances permit. R.S., 1985, c. N-5, s. 162; 1998, c. 35, s. 42; 2008, c. 29, s. 3. 162.1 [Repealed, 2019, c. 15, s. 25] 162.2 [Repealed, 2019, c. 15, s. 25] DIVISION 5 Summary Hearings Interpretation Definitions 162.3 The following definitions apply in this Division. commanding officer, in respect of a person charged with having committed a service infraction, means an officer who is a commanding officer as defined in section 160. (commandant) delegated officer means an officer to whom a commanding officer has, under section 162.94, delegated the power to conduct a summary hearing. (officier délégué) scale of sanctions means the scale of sanctions set out in subsection 162.7. (échelle des sanctions) superior commander means an officer of or above the rank of colonel, or any other officer appointed by the Chief of the Defence Staff as a superior commander. (commandant supérieur) 1998, c. 35, s. 42; 2019, c. 15, s. 25. Service Infractions Summary hearing 162.4 Service infractions may be dealt with only by summary hearing. 2019, c. 15, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Service Infractions Sections 162.5-162.7 Not offence 162.5 A service infraction is not an offence under this Act. 2019, c. 15, s. 25. Prior trial — offence 162.6 (1) If a person has been tried in respect of an offence, the person may not be charged with having committed a service infraction arising from the same facts, regardless of whether the person was found guilty or not guilty of the offence by a court martial, by a civil court or by a court of a foreign state. Prior summary hearing — service infraction (2) If a summary hearing has been conducted in respect of a service infraction that a person is alleged to have committed, the person may be charged, dealt with and tried in respect of an offence arising from the same facts, regardless of whether or not the person was found to have committed the service infraction. Answer or statement — restriction (3) No answer given or statement made by a person at their summary hearing may be used or be receivable against them in any disciplinary, criminal or civil proceeding, other than at a hearing or proceeding in respect of an allegation that they gave the answer or made the statement knowing it to be false. 2019, c. 15, s. 25. Scale of sanctions 162.7 The following sanctions may be imposed in respect of a service infraction, and each is a sanction less than every sanction preceding it: (a) reduction in rank; (b) severe reprimand; (c) reprimand; (d) deprivation of pay, and of any allowance prescribed in regulations made by the Governor in Council, for not more than 18 days; and (e) minor sanctions prescribed in regulations made by the Governor in Council. 2019, c. 15, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Service Infractions Sections 162.8-162.92 Reduction in rank 162.8 (1) The sanction of reduction in rank applies to officers above the rank of second lieutenant and to noncommissioned members above the rank of private. Restrictions (2) The sanction of reduction in rank is not to involve (a) reduction to a rank lower than that to which the person who has committed a service infraction can be reduced under regulations; and (b) in the case of a commissioned officer, reduction to a rank lower than commissioned rank. 2019, c. 15, s. 25. Objectives of sanctions 162.9 The imposition of sanctions is intended to achieve one or more of the following objectives: (a) to promote a habit of obedience to lawful commands and orders; (b) to maintain public trust in the Canadian Forces as a disciplined armed force; (c) to denounce indisciplined conduct; (d) to deter persons from committing service infractions; (e) to assist in rehabilitating persons who have committed service infractions; (f) to promote a sense of responsibility in persons who have committed service infractions. 2019, c. 15, s. 25. Fundamental principle 162.91 Sanctions must be proportionate to the gravity of the service infraction and the degree of responsibility of the person who committed it. 2019, c. 15, s. 25. Other principles 162.92 Sanctions must be imposed in accordance with the following other principles: (a) a sanction should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the commission of the service infraction or the person who committed it, and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Service Infractions Sections 162.92-162.95 aggravating circumstances include evidence establishing that (i) the person, in committing the service infraction, abused their rank or other position of trust or authority, (ii) the service infraction was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, or (iii) the commission of the service infraction resulted in harm to the conduct of a military operation or any military training; (b) a sanction should be similar to sanctions imposed on persons for similar service infractions committed in similar circumstances; and (c) a sanction should be the least severe sanction required to maintain the discipline, efficiency and morale of the Canadian Forces. 2019, c. 15, s. 25. Consideration of indirect consequences 162.93 In determining the sanction to be imposed against a person, a superior commander, commanding officer or delegated officer may take into account any indirect consequences of the finding that the person committed a service infraction, or of the sanction. 2019, c. 15, s. 25. Summary Hearings Delegation 162.94 A commanding officer may, subject to regulations made by the Governor in Council and to the extent that the commanding officer considers appropriate, delegate his or her power to conduct a summary hearing to any officer under his or her command. 2019, c. 15, s. 25. Commanding officer’s obligation 162.95 A commanding officer to whom a charge alleging the commission of a service infraction is referred under subsection 161.1(2) shall, taking into account the conditions set out in section 163, (a) conduct a summary hearing in respect of the charge; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Summary Hearings Sections 162.95-163 (b) decide to not proceed with the charge if, in his or her opinion, it should not be proceeded with; or (c) refer the charge, subject to and in accordance with regulations made by the Governor in Council, to another commanding officer, a superior commander or a delegated officer. 2019, c. 15, s. 25. Jurisdiction 163 (1) A superior commander, commanding officer or delegated officer may conduct a hearing in respect of a charge alleging the commission of a service infraction if all of the following conditions are satisfied: (a) the person charged is an officer who is at least one rank below the rank of the superior commander, commanding officer or delegated officer, or is a non-commissioned member; (b) having regard to the gravity of the facts that gave rise to the charge, the powers of the superior commander, commanding officer or delegated officer to impose a sanction are adequate; (c) there are no reasonable grounds to believe that the person charged is unable on account of mental disorder to understand the nature, object or possible consequences of the proceedings; and (d) having regard to the interests of discipline, efficiency and morale of the Canadian Forces, it would be appropriate to conduct the hearing. Prohibition on conducting hearing (2) A superior commander, commanding officer or delegated officer may not conduct a hearing if he or she (a) carried out or directly supervised the investigation of the service infraction; (b) issued a warrant under section 273.3 in relation to anything referred to in any of paragraphs 273.3(a) to (c) that relates to the service infraction; or (c) laid the charge or caused it to be laid. However, he or she may conduct such a hearing if, having regard to all the circumstances, it is not practicable for any other superior commander, commanding officer or delegated officer to conduct the hearing. R.S., 1985, c. N-5, s. 163; R.S., 1985, c. 31 (1st Supp.), ss. 53, 60; 1991, c. 43, s. 14; 1998, c. 35, s. 42; 2008, c. 29, s. 4; 2013, c. 24, s. 35; 2019, c. 15, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Summary Hearings Sections 163.1-163.3 Sanctions imposed by superior commander 163.1 (1) A superior commander who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the sanctions referred to in section 162.7. Sanctions imposed by commanding officer (2) A commanding officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the sanctions referred to in paragraphs 162.7(c) to (e). Sanctions imposed by delegated officer (3) A delegated officer who finds on a balance of probabilities, at a summary hearing, that a person has committed one or more service infractions, may impose one or more of the following sanctions: (a) a sanction referred to in paragraph 162.7(d) for not more than seven days; (b) minor sanctions referred to in paragraph 162.7(e). 1998, c. 35, s. 42; 2019, c. 15, s. 25. Obligation after referral 163.2 A superior commander, commanding officer or delegated officer to whom a charge is referred under paragraph 162.95(c) or under this section shall, taking into account the conditions set out in section 163, (a) conduct a summary hearing in respect of the charge; (b) decide not to proceed with the charge if, in his or her opinion, it should not be proceeded with; or (c) refer the charge, subject to and in accordance with regulations made by the Governor in Council, to a superior commander, commanding officer or delegated officer. 2019, c. 15, s. 25. Subsequent summary hearing proceedings not precluded 163.3 A decision that a charge should not be proceeded with by summary hearing does not preclude, subject to section 163.4, proceeding with the charge by summary hearing at any subsequent time. 2019, c. 15, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Summary Hearings Sections 163.4-163.7 Limitation period 163.4 A summary hearing in respect of a charge alleging the commission of a service infraction may not be conducted unless it commences within six months after the day on which the service infraction is alleged to have been committed. 2019, c. 15, s. 25. No territorial limitation 163.5 Every person alleged to have committed a service infraction may be charged under the Code of Service Discipline, regardless of whether the alleged service infraction was committed in Canada or outside Canada, and the summary hearing in respect of that charge may be conducted in Canada or outside Canada. 2019, c. 15, s. 25. Review Authorities Chief of the Defence Staff and other military authorities 163.6 (1) The review authorities in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing are the Chief of the Defence Staff and any other military authorities that are prescribed by the Governor in Council in regulations. When authorities may act (2) A review authority in respect of a finding that a person has committed a service infraction and in respect of a sanction imposed by an officer who conducted a summary hearing may act on its own initiative or on application, made in accordance with regulations made by the Governor in Council, of the person found to have committed the service infraction. 2019, c. 15, s. 25. Quashing of Findings Authority to quash 163.7 (1) A review authority may quash a finding, by an officer who conducted a summary hearing, that a person has committed a service infraction. Effect of complete quashing (2) If a finding that a person has committed a service infraction is quashed and no other such finding was made at the summary hearing, every sanction imposed as a result of the quashed finding is also quashed and a new summary hearing may be held in relation to the service Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Quashing of Findings Sections 163.7-163.9 infraction as if no previous summary hearing had been held. Effect of partial quashing (3) In the case where more than one finding has been made that a person has committed a service infraction and a review authority quashes one or more but not all of them, if a sanction imposed is in excess of any that may be imposed in respect of the remaining findings or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate. 2019, c. 15, s. 25. Substitution of Findings Substitution of invalid or unsubstantiated findings 163.8 (1) A review authority may substitute a new finding for any finding that a person has committed a service infraction that was invalidly made or that cannot be supported by the evidence if the new finding could validly have been made on the charge to which the new finding relates and it appears to the review authority that the officer who conducted the summary hearing was satisfied of the facts that establish the service infraction specified or involved in the new finding. Effect on sanction (2) If a new finding is substituted and a sanction imposed in respect of the original finding is in excess of a sanction that may be imposed in respect of the new finding or is, in the opinion of the review authority, unduly severe, the review authority shall substitute for that sanction any new sanction or sanctions that it considers appropriate. 2019, c. 15, s. 25. Substitution of Sanctions Authority to substitute 163.9 (1) A review authority may substitute for any invalid sanction imposed by an officer who conducted a summary hearing any new sanction or sanctions that it considers appropriate. Condition applicable to new sanction (2) If a new sanction is substituted, the new sanction may not be higher in the scale of sanctions than that other sanction. 2019, c. 15, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 5 Summary Hearings Commutation, Mitigation and Remission of Sanctions Sections 163.91-165 Commutation, Mitigation and Remission of Sanctions Authority to commute, mitigate or remit sanctions 163.91 (1) A review authority may commute, mitigate or remit any or all of the sanctions imposed by an officer who conducted a summary hearing. Definitions (2) The following definitions apply in subsection (1). commute means to replace a sanction with another sanction that is lower in the scale of sanctions. (commuer) mitigate means to impose a lesser amount of the same sanction. (mitiger) remit means to exempt a person from the requirement to undergo the whole or any part of a sanction. (remettre) 2019, c. 15, s. 25. 164 [Repealed, 2019, c. 15, s. 25] 164.1 [Repealed, 2019, c. 15, s. 25] 164.2 [Repealed, 2019, c. 15, s. 25] DIVISION 6 Trial by Court Martial Charge must be Preferred Charge must be preferred 165 (1) A person may be tried by court martial only if a charge against the person is preferred by the Director of Military Prosecutions. Meaning of prefer (2) For the purposes of this Act, a charge is preferred when the charge sheet in respect of the charge is signed by the Director of Military Prosecutions, or an officer authorized by the Director of Military Prosecutions to do so, and filed with the Court Martial Administrator. R.S., 1985, c. N-5, s. 165; 1992, c. 16, s. 2; 1998, c. 35, s. 42; 2013, c. 24, s. 37. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Director of Military Prosecutions Sections 165.1-165.12 Director of Military Prosecutions Appointment 165.1 (1) The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Military Prosecutions. Tenure of office and removal (2) The Director of Military Prosecutions holds office during good behaviour for a term of not more than four years. The Minister may remove the Director of Military Prosecutions from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council. Powers of inquiry committee (2.1) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Re-appointment (3) The Director of Military Prosecutions is eligible to be re-appointed on the expiry of a first or subsequent term of office. 1992, c. 16, s. 2; 1998, c. 35, s. 42; 2013, c. 24, s. 38. Duties and functions 165.11 The Director of Military Prosecutions is responsible for the preferring of all charges to be tried by court martial and for the conduct of all prosecutions at courts martial. The Director of Military Prosecutions also acts as counsel for the Minister in respect of appeals when instructed to do so. 1998, c. 35, s. 42. Preferring charges 165.12 (1) When a charge is referred to the Director of Military Prosecutions, the Director of Military Prosecutions may (a) prefer the charge; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Director of Military Prosecutions Sections 165.12-165.16 (b) prefer any other charge that is founded on facts disclosed by evidence in addition to or in substitution for the charge. Irregularity, informality or defect (1.1) The validity of a charge preferred by the Director of Military Prosecutions is not affected by any irregularity, informality or defect in the charge referred to the Director. Withdrawing charges (2) The Director of Military Prosecutions may withdraw a charge that has been preferred, but if a trial by court martial has commenced, the Director of Military Prosecutions may do so only with leave of the court martial. Effect of withdrawing charge (3) Withdrawing a charge does not preclude it from being proceeded with at any subsequent time. Effect of not preferring charge (4) A decision not to prefer a charge does not preclude the charge from being preferred at any subsequent time. 1998, c. 35, s. 42; 2013, c. 24, s. 39. Reasons for not proceeding 165.13 If the Director of Military Prosecutions decides that a charge should not be proceeded with by a trial by court martial, he or she shall communicate the decision and the reasons for it, in writing, to the officer or noncommissioned member who referred the charge to him or her, and to the commanding officer of the accused person. 1998, c. 35, s. 42; 2019, c. 15, s. 26. 165.14 [Repealed, 2008, c. 29, s. 6] Barristers and advocates to assist 165.15 The Director of Military Prosecutions may be assisted and represented, to the extent determined by the Director of Military Prosecutions, by officers who are barristers or advocates with standing at the bar of a province. 1998, c. 35, s. 42. Acting Director of Military Prosecutions 165.16 The powers of the Director of Military Prosecutions may be exercised, and the duties and functions of the Director of Military Prosecutions may be performed, by any officer who is a barrister or advocate with standing at the bar of a province and who is authorized by the Minister. 1998, c. 35, s. 42. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Director of Military Prosecutions Sections 165.17-165.19 Relationship to Judge Advocate General 165.17 (1) The Director of Military Prosecutions acts under the general supervision of the Judge Advocate General. General instructions (2) The Judge Advocate General may issue general instructions or guidelines in writing in respect of prosecutions. The Director of Military Prosecutions shall ensure that they are available to the public. Specific instructions (3) The Judge Advocate General may issue instructions or guidelines in writing in respect of a particular prosecution. Availability to public (4) The Director of Military Prosecutions shall ensure that instructions and guidelines issued under subsection (3) are available to the public. Exception (5) Subsection (4) does not apply where the Director of Military Prosecutions considers that it would not be in the best interests of the administration of military justice for any instruction or guideline, or any part of it, to be available to the public. Copies to Minister (6) The Judge Advocate General shall provide the Minister with a copy of every instruction and guideline made under this section. 1998, c. 35, s. 42. Court Martial Administrator Appointment 165.18 There shall be a person appointed to be the Court Martial Administrator. 1998, c. 35, s. 42. Duties 165.19 (1) The Court Martial Administrator performs the duties specified in sections 165.191 to 165.193 and, if he or she convenes a General Court Martial, shall appoint its members. Summoning of accused person (1.1) The Court Martial Administrator shall summon the accused person to appear at the court martial. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Court Martial Administrator Sections 165.19-165.192 Other duties (2) The Court Martial Administrator performs such other duties as may be specified by this Act or prescribed by the Governor in Council in regulations. Relationship to Chief Military Judge (3) The Court Martial Administrator acts under the general supervision of the Chief Military Judge. 1998, c. 35, s. 42; 2008, c. 29, s. 7; 2013, c. 24, s. 40. Convening General Court Martial 165.191 (1) The Court Martial Administrator shall convene a General Court Martial if any charge preferred against an accused person on a charge sheet is (a) an offence under this Act, other than under section 130 or 132, that is punishable by imprisonment for life; (b) an offence punishable under section 130 that is punishable by imprisonment for life; or (c) an offence punishable under section 130 that is referred to in section 469 of the Criminal Code. Consent to be tried by Standing Court Martial (2) An accused person who is charged with an offence referred to in subsection (1) may, with the written consent of the accused person and that of the Director of Military Prosecutions, be tried by Standing Court Martial. Withdrawal of consent (3) The consent given under subsection (2) may not be withdrawn unless both the accused and the Director of Military Prosecutions agree in writing to the withdrawal. 2008, c. 29, s. 8. Convening Standing Court Martial 165.192 The Court Martial Administrator shall convene a Standing Court Martial if every charge preferred against an accused person on a charge sheet is (a) an offence under this Act, other than under section 130, that is punishable by imprisonment for less than two years or by a punishment that is lower in the scale of punishments; or (b) an offence that is punishable under section 130 and is punishable on summary conviction under any Act of Parliament. 2008, c. 29, s. 8. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Court Martial Administrator Sections 165.192-165.193 Choice of accused 165.193 (1) An accused person may choose to be tried by General Court Martial or Standing Court Martial if a charge is preferred and sections 165.191 and 165.192 do not apply. Notification (2) The Court Martial Administrator shall cause the accused person to be notified in writing that he or she may make a choice under subsection (1). Failure to make choice (3) If the accused person fails to notify the Court Martial Administrator in writing of his or her choice within 14 days after the day on which the accused person is notified under subsection (2), the accused person is deemed to have chosen to be tried by General Court Martial. New choice — as of right (4) The accused person may, not later than 30 days before the date set for the commencement of the trial, make a new choice once as of right, in which case he or she shall notify the Court Martial Administrator in writing of the new choice. New choice — with consent (5) The accused person may also, with the written consent of the Director of Military Prosecutions, make a new choice at any time, in which case he or she shall notify the Court Martial Administrator in writing of the new choice. Two or more accused (6) If charges are preferred jointly and all of the accused persons do not choose — or are not deemed to have chosen — to be tried by the same type of court martial, they must be tried by a General Court Martial. Convening of court martial (7) The Court Martial Administrator shall convene a General Court Martial or Standing Court Martial in accordance with this section. 2008, c. 29, s. 8. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Court Martial Administrator Sections 165.2-165.22 Acting Court Martial Administrator 165.2 The duties and functions of the Court Martial Administrator may be performed by any person authorized by the Court Martial Administrator. 1998, c. 35, s. 42. Military Judges Appointment 165.21 (1) The Governor in Council may appoint any officer who is a barrister or advocate of at least 10 years’ standing at the bar of a province and who has been an officer for at least 10 years to be a military judge. Oath (2) Every military judge shall, before commencing the duties of office, take the following oath of office: I ............. solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.) Removal for cause (3) A military judge holds office during good behaviour and may be removed by the Governor in Council for cause on the recommendation of the Military Judges Inquiry Committee. Ceasing to hold office (4) A military judge ceases to hold office on being released at his or her request from the Canadian Forces or on attaining the age of 60 years. Resignation (5) A military judge may resign from office by giving notice in writing to the Minister. The resignation takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice. 1998, c. 35, s. 42; 2011, c. 22, s. 2; 2013, c. 24, s. 41. Reserve Force Military Judges Panel established 165.22 (1) There is established a Reserve Force Military Judges Panel to which the Governor in Council may name any officer of the reserve force who has been an officer for at least 10 years and who (a) is a barrister or advocate of at least 10 years’ standing at the bar of a province; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Reserve Force Military Judges Sections 165.22-165.222 (b) has been a military judge; (c) has presided at a Standing Court Martial or a Special General Court Martial; or (d) has been a judge advocate at a court martial. Reserve force military judge (2) An officer named to the panel is referred to in this Act as a “reserve force military judge”. Oath (3) Every reserve force military judge shall, before commencing the duties of office, take the following oath of office: I ............. solemnly and sincerely promise and swear (or affirm) that I will impartially, honestly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as a military judge. (And in the case of an oath: So help me God.) 1998, c. 35, s. 42; 2013, c. 24, s. 41. Removal from panel 165.221 (1) The Governor in Council may for cause remove the name of a reserve force military judge from the Reserve Force Military Judges Panel on the recommendation of the Military Judges Inquiry Committee. Automatic removal from panel (2) The name of a reserve force military judge shall be removed from the panel on the judge’s release, at his or her request, from the Canadian Forces or on the judge attaining the age of 60 years. Voluntary removal from panel (3) A reserve force military judge may request that their name be removed from the panel by giving notice in writing to the Minister. The removal takes effect on the day on which the Minister receives the notice or on a later day that may be specified in the notice. 2013, c. 24, s. 41. Chief Military Judge 165.222 (1) The Chief Military Judge may select any reserve force military judge to perform any duties referred to in section 165.23 that may be specified by the Chief Military Judge. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Reserve Force Military Judges Sections 165.222-165.24 Training (2) The Chief Military Judge may request a reserve force military judge to undergo any training that may be specified by the Chief Military Judge. 2013, c. 24, s. 41. Restriction on activities 165.223 A reserve force military judge shall not engage in any business or professional activity that is incompatible with the duties that they may be required to perform under this Act. 2013, c. 24, s. 41. Duties and Immunity of Military Judges Judicial duties and functions 165.23 (1) Military judges shall preside at courts martial and shall perform other judicial duties under this Act that are required to be performed by military judges. Other duties and functions (2) In addition to their judicial duties, military judges shall perform any other duties that the Chief Military Judge may direct, but those other duties may not be incompatible with their judicial duties. Boards of inquiry (3) Military judges may, with the concurrence of the Chief Military Judge, be appointed as a board of inquiry. 1998, c. 35, s. 42. Immunity 165.231 A military judge has the same immunity from liability as a judge of a superior court of criminal jurisdiction. 2013, c. 24, s. 42. Chief Military Judge Chief Military Judge 165.24 (1) The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Chief Military Judge. Rank (2) The Chief Military Judge holds a rank that is not less than colonel. 1998, c. 35, s. 42; 2013, c. 24, s. 43. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Chief Military Judge Sections 165.25-165.3 Duties and functions 165.25 The Chief Military Judge assigns military judges to preside at courts martial and to perform other judicial duties under this Act. 1998, c. 35, s. 42. Delegation 165.26 The Chief Military Judge may authorize any military judge, other than a reserve force military judge, to exercise and perform any of the powers, duties and functions of the Chief Military Judge. 1998, c. 35, s. 42; 2013, c. 24, s. 44. Delegation 165.27 The Chief Military Judge may delegate any of the Chief Military Judge’s duties and functions to a military judge. 1998, c. 35, s. 42. Deputy Chief Military Judge 165.28 The Governor in Council may designate a military judge, other than a reserve force military judge, to be the Deputy Chief Military Judge. 2013, c. 24, s. 45. Power, duties and functions 165.29 In the event that the Chief Military Judge is absent or unable to act or the office of Chief Military Judge is vacant, the Deputy Chief Military Judge shall exercise and perform the powers, duties and functions of the Chief Military Judge that are not otherwise authorized to be exercised or performed by a military judge under section 165.26. 2013, c. 24, s. 45. Rules of practice and procedure 165.3 The Chief Military Judge may, with the Governor in Council’s approval and after consulting with a rules committee established under regulations made by the Governor in Council, make rules governing the following: (a) pre-trial conferences and other preliminary proceedings; (b) the making of applications under section 158.7; (c) the bringing of persons before a military judge under section 159; (d) the scheduling of trials by court martial; (e) the minutes of proceedings of courts martial and other proceedings; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Chief Military Judge Sections 165.3-165.32 (f) documents, exhibits or other things connected with any proceeding, including public access to them; and (g) any other aspects of practice and procedure that are prescribed in regulations made by the Governor in Council. 2013, c. 24, s. 45. Military Judges Inquiry Committee Composition of Committee 165.31 (1) There is established a Military Judges Inquiry Committee to which the Chief Justice of the Court Martial Appeal Court shall appoint three judges of the Court Martial Appeal Court. Chairperson (2) The Chief Justice shall appoint one of the judges to act as Chairperson. Powers of inquiry committee (3) The inquiry committee has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. 2013, c. 24, s. 45. Inquiry required 165.32 (1) The Military Judges Inquiry Committee shall, on receipt of a request in writing made by the Minister, commence an inquiry as to whether a military judge should be removed from office. Other inquiry (2) The inquiry committee may, on receipt of any complaint or allegation in writing made in respect of a military judge, commence an inquiry as to whether the military judge should be removed from office. Examination and recommendation (3) The Chairperson of the inquiry committee may designate a judge appointed to the committee to examine a Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Military Judges Inquiry Committee Section 165.32 complaint or allegation referred to in subsection (2) and to recommend whether an inquiry should be commenced. Notice to military judge (4) The military judge in respect of whom an inquiry is held shall be given reasonable notice of the inquiry’s subject matter and of its time and place and shall be given an opportunity, in person or by counsel, to be heard at the inquiry, to cross-examine witnesses and to adduce evidence on his or her own behalf. Inquiry held in public or private (5) The inquiry committee may hold an inquiry either in public or in private unless the Minister, having regard to the interests of the persons participating in the inquiry and the interests of the public, directs that the inquiry be held in public. Counsel (6) The Chairperson of the inquiry committee may engage on a temporary basis the services of counsel to assist the committee and may, subject to any applicable Treasury Board directives, establish the terms and conditions of the counsel’s engagement and fix their remuneration and expenses. Recommendation to the Governor in Council (7) The inquiry committee may recommend to the Governor in Council that the military judge be removed if, in its opinion, (a) the military judge has become incapacitated or disabled from the due execution of his or her judicial duties by reason of (i) infirmity, (ii) having been guilty of misconduct, (iii) having failed in the due execution of his or her judicial duties, or (iv) having been placed, by his or her conduct or otherwise, in a position incompatible with the due execution of his or her judicial duties; or (b) the military judge does not satisfy the physical and medical fitness standards applicable to officers. Report (8) The inquiry committee shall provide to the Minister a record of each inquiry and a report of its conclusions. If Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Military Judges Inquiry Committee Sections 165.32-165.33 the inquiry was held in public, the inquiry committee shall make its report available to the public. 2013, c. 24, s. 45. Military Judges Compensation Committee Composition of Committee 165.33 (1) There is established a Military Judges Compensation Committee consisting of three part-time members to be appointed by the Governor in Council as follows: (a) one person nominated by the military judges; (b) one person nominated by the Minister; and (c) one person, who shall act as chairperson, nominated by the members who are nominated under paragraphs (a) and (b). Tenure and removal (2) Each member holds office during good behaviour for a term of four years, and may be removed for cause at any time by the Governor in Council. Reappointment (3) A member is eligible to be reappointed for one further term. Absence or incapacity (4) In the event of the absence or incapacity of a member, the Governor in Council may appoint, as a substitute temporary member, a person nominated in accordance with subsection (1). Vacancy (5) If the office of a member becomes vacant during the member’s term, the Governor in Council shall appoint a person nominated in accordance with subsection (1) to hold office for the remainder of the term. Quorum (6) All three members of the compensation committee together constitute a quorum. Remuneration (7) The members of the compensation committee shall be paid the remuneration fixed by the Governor in Council and, subject to any applicable Treasury Board directives, the reasonable travel and living expenses incurred Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Military Judges Compensation Committee Sections 165.33-165.35 by them in the course of their duties while absent from their ordinary place of residence. 2013, c. 24, s. 45. Mandate 165.34 (1) The Military Judges Compensation Committee shall inquire into the adequacy of the remuneration of military judges. Factors to be considered (2) In conducting its inquiry, the compensation committee shall consider (a) the prevailing economic conditions in Canada, including the cost of living, and the overall economic and current financial position of the federal government; (b) the role of financial security of the judiciary in ensuring judicial independence; (c) the need to attract outstanding candidates to the judiciary; and (d) any other objective criteria that the committee considers relevant. Quadrennial inquiry (3) The compensation committee shall commence an inquiry on September 1, 2015, and on September 1 of every fourth year after 2015, and shall submit a report containing its recommendations to the Minister within nine months after the day on which the inquiry commenced. Postponement (4) The compensation committee may, with the consent of the Minister and the military judges, postpone the commencement of a quadrennial inquiry. 2013, c. 24, s. 45. Other inquiries 165.35 (1) The Minister may at any time refer to the Military Judges Compensation Committee for its inquiry the matter, or any aspect of the matter, mentioned in subsection 165.34(1). Report (2) The compensation committee shall submit to the Minister a report containing its recommendations within a period fixed by the Minister after consultation with the compensation committee. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Military Judges Compensation Committee Sections 165.35-167 Continuance of duties (3) A person who ceases to hold office as a member for any reason other than their removal may carry out and complete their duties in respect of a matter that was referred to the compensation committee under subsection (1) before the person ceased to hold office. While completing those duties, the person is deemed to be a member of the compensation committee. 2013, c. 24, s. 45. Extension 165.36 The Governor in Council may, on the request of the Military Judges Compensation Committee, extend the time for the submission of a report. 2013, c. 24, s. 45. Minister’s duties 165.37 (1) Within 30 days after receiving a report, the Minister shall notify the public and facilitate public access to the report in any manner that the Minister considers appropriate. Response (2) The Minister shall respond to a report within six months after receiving it. 2013, c. 24, s. 45. General Courts Martial Jurisdiction 166 A General Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence. R.S., 1985, c. N-5, s. 166; 1998, c. 35, s. 42. Punishment limitation 166.1 A General Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine. 2008, c. 29, s. 9. Composition 167 (1) A General Court Martial is composed of a military judge and a panel of five members. Rank of senior member (2) The senior member of the panel must be an officer of or above the rank of lieutenant-colonel. (3) [Repealed, 2013, c. 24, s. 47] Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial General Courts Martial Sections 167-168 Ranks for trial of brigadier-general or above (4) If the accused person is of or above the rank of brigadier-general, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of colonel. Rank for trial of colonel (5) If the accused person is of the rank of colonel, the senior member of the panel must be an officer of or above the rank of the accused person and the other members of the panel must be of or above the rank of lieutenantcolonel. Rank for trial of lieutenant-colonel or lower-ranked officer (6) If the accused person is an officer of or below the rank of lieutenant-colonel, the members of the panel other than the senior member must be of or above the rank of the accused person. Rank for trial of non-commissioned member (7) If the accused person is a non-commissioned member, the panel is composed of the senior member, one other officer and three non-commissioned members who are of or above both the rank of the accused person and the rank of sergeant. R.S., 1985, c. N-5, s. 167; 1992, c. 16, s. 3; 1998, c. 35, s. 42; 2013, c. 24, s. 47. Ineligibility to serve 168 None of the following persons may sit as a member of the panel of a General Court Martial: (a) an officer or non-commissioned member who is a lawyer or notary; (b) a witness for the prosecution or the accused person; (c) the commanding officer of the accused person; (d) a member of the military police; (e) an officer below the rank of captain; (f) any person who, before the court martial, participated in any investigation respecting the matters on which a charge against the accused person is founded; or (g) an officer or non-commissioned member of any armed force who is attached, seconded or on loan to the Canadian Forces. R.S., 1985, c. N-5, s. 168; 1992, c. 16, s. 4; 1998, c. 35, s. 42; 2013, c. 24, s. 48. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial General Courts Martial Sections 169-179 169 [Repealed, 2008, c. 29, s. 10] 170 [Repealed, 2008, c. 29, s. 10] 171 [Repealed, 2008, c. 29, s. 10] 172 [Repealed, 2008, c. 29, s. 10] Standing Courts Martial Jurisdiction 173 A Standing Court Martial may try any person who is liable to be charged, dealt with and tried on a charge of having committed a service offence. R.S., 1985, c. N-5, s. 173; 1992, c. 16, s. 6; 1998, c. 35, s. 42; 2008, c. 29, s. 11. Composition 174 Every military judge is authorized to preside at a Standing Court Martial, and a military judge who does so constitutes the Standing Court Martial. R.S., 1985, c. N-5, s. 174; 1992, c. 16, s. 6; 1998, c. 35, s. 42. Punishment limitation 175 A Standing Court Martial that tries a person other than an officer or a non-commissioned member may only pass a sentence that includes a punishment of imprisonment or a fine. R.S., 1985, c. N-5, s. 175; 1991, c. 43, s. 16; 1998, c. 35, s. 42; 2008, c. 29, s. 12. 176 [Repealed, 2008, c. 29, s. 12] 177 [Repealed, 2008, c. 29, s. 12] 178 [Repealed, 2008, c. 29, s. 12] Powers Courts martial 179 (1) A court martial has the same powers, rights and privileges — including the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and (d) all other matters necessary or proper for the due exercise of its jurisdiction. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Powers Sections 179-180 Military judges (2) Subsection (1) applies to a military judge performing a judicial duty under this Act other than presiding at a court martial. R.S., 1985, c. N-5, s. 179; R.S., 1985, c. 31 (1st Supp.), s. 56; 1998, c. 35, s. 42; 2013, c. 24, s. 49(E). Admission to Courts Martial and Certain Proceedings Before Military Judges Proceedings public 180 (1) Unless this Act provides otherwise, court martial proceedings, and proceedings before military judges under any of sections 147.6, 148, 158.7, 159, 187, 215.2 and 248.81, must be public and, to the extent that accommodation permits, the public must be admitted to the proceedings. Exception (2) A military judge or, if a court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on the military judge’s own motion, order that the public be excluded during the whole or any part of the proceedings or order that the witness testify behind a screen or other device that would allow the witness not to be seen by members of the public, if the military judge considers that it is necessary in the interests of public safety, public morals, the maintenance of order or the proper administration of military justice, or to prevent injury to international relations, national defence or national security. Factors to be considered (3) In determining whether the order is in the interest of the proper administration of military justice, the military judge shall consider (a) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; (b) the safeguarding of the interests of witnesses under the age of 18 years in all proceedings; (c) the ability of any witness, if the order were not made, to give a full and candid account of the acts complained of; (d) whether any witness needs the order for their security or to protect them from intimidation or retaliation; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Admission to Courts Martial and Certain Proceedings Before Military Judges Sections 180-180.01 (e) the protection of military justice system participants who are involved in the proceedings; (f) whether effective alternatives to the making of the order are available in the circumstances; (g) the salutary and deleterious effects of the order; and (h) any other factor that the military judge considers relevant. No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. Reasons to be stated (5) If a person is charged with an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1 or 155, subsection 160(2) or (3) or section 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code and the prosecutor or the person applies for an order under subsection (2), the military judge shall, if no such order is made, state, by reference to the circumstances of the case, the reasons for not making an order. Witnesses (6) Witnesses are not to be admitted to the proceedings except when under examination or by leave of the military judge. Clearing court (7) For the purpose of any deliberation, the military judge may cause the place where the proceedings are being held to be cleared. R.S., 1985, c. N-5, s. 180; 1992, c. 16, s. 8; 1998, c. 35, s. 43; 2001, c. 41, s. 101; 2013, c. 24, s. 50; 2019, c. 15, s. 27; 2019, c. 15, s. 63. Production of certain records Definition of record 180.01 For the purposes of sections 180.02 to 180.08, record means any form of record that contains personal information for which there is a reasonable expectation of privacy and includes medical, psychiatric, therapeutic, counselling, education, employment, child welfare, adoption and social services records, personal journals and diaries, and records containing personal information the production or disclosure of which is protected by any Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Sections 180.01-180.03 other Act of Parliament or of a provincial legislature, but does not include records made by persons responsible for the investigation or prosecution of the service offence. 2019, c. 15, s. 27. Production of record to accused 180.02 (1) Except in accordance with sections 180.03 to 180.08, no record relating to a complainant or a witness shall be produced to an accused person in any proceedings in respect of any of the following offences or in any proceedings in respect of two or more offences at least one of which is any of the following offences: (a) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 286.1, 286.2 or 286.3 of the Criminal Code; (b) any offence under the Criminal Code, as it read at any time before the day on which this paragraph comes into force, if the conduct alleged involved a violation of the complainant’s sexual integrity and would be an offence referred to in paragraph (a) if it had occurred on or after that day. Application of provisions (2) Section 180.01, this section and sections 180.03 to 180.08 and 303 apply in respect of a record relating to the complainant or a witness that is in the possession or control of any person, including the prosecutor in the proceedings, unless, in the case of a record in the possession or control of the prosecutor, the complainant or witness, as the case may be, has expressly waived the application of those sections. Duty of prosecutor to give notice (3) In the case of a record in respect of which this section applies that is in the possession or control of the prosecutor, the prosecutor shall notify the accused person that the record is in the prosecutor’s possession or control, but, in doing so, the prosecutor shall not disclose the record’s contents. 2019, c. 15, s. 27. Application for production 180.03 (1) An accused person who seeks the production of a record may make an application for its production to a military judge or, if the court martial has been convened, to the military judge assigned to preside at the court martial. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Section 180.03 Form and content of application (2) The application must be made in writing and set out (a) particulars identifying the record that the accused person seeks to have produced and the name of the person who has possession or control of the record; and (b) the grounds on which the accused person relies to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify. Insufficient grounds (3) Any one or more of the following assertions by the accused person are not sufficient on their own to establish that the record is likely relevant to an issue at trial or to the competence of a witness to testify: (a) the record exists; (b) the record relates to medical or psychiatric treatment, therapy or counselling that the complainant or witness has received or is receiving; (c) the record relates to the incident that is the subject matter of the proceedings; (d) the record may disclose a prior inconsistent statement of the complainant or witness; (e) the record may relate to the credibility of the complainant or witness; (f) the record may relate to the reliability of the testimony of the complainant or witness merely because the complainant or witness has received or is receiving psychiatric treatment, therapy or counselling; (g) the record may reveal allegations of sexual abuse of the complainant by a person other than the accused person; (h) the record relates to the sexual activity of the complainant with any person, including the accused person; (i) the record relates to the presence or absence of a recent complaint; (j) the record relates to the complainant’s sexual reputation; (k) the record was made close in time to the complaint or to the activity that forms the subject matter of the charge against the accused person. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Sections 180.03-180.05 Service of application (4) The accused person shall serve the application on the prosecutor, on the person who has possession or control of the record, on the complainant or witness, as the case may be, and on any other person to whom, to the knowledge of the accused person, the record relates, at least 14 days before the hearing referred to in subsection 180.04(1) begins or any shorter interval that the military judge may allow in the interests of military justice. Service on other persons (5) The military judge may, at any time, order that the application be served on any person to whom he or she considers the record may relate. 2019, c. 15, s. 27. Hearing in private 180.04 (1) The military judge shall hold a hearing in private to determine whether to order the person who has possession or control of the record to produce it to the military judge for review. Persons who may appear at hearing (2) The person who has possession or control of the record, the complainant or witness, as the case may be, and any other person to whom the record relates may appear and make submissions at the hearing, but they are not compellable as witnesses at the hearing. Right to counsel (3) The military judge shall, as soon as feasible, inform any person referred to in subsection (2) who participates in the hearing of their right to be represented by counsel. Costs (4) No order for costs may be made against a person referred to in subsection (2) in respect of their participation in the hearing. 2019, c. 15, s. 27. Order to produce record for review 180.05 (1) The military judge may order the person who has possession or control of the record to produce the record or a part of the record to the military judge for review if, after the hearing, the military judge is satisfied that (a) the application was made in accordance with subsections 180.03(2) to (5); (b) the accused person has established that the record is likely relevant to an issue at trial or to the competence of a witness to testify; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Sections 180.05-180.06 (c) the production of the record is necessary in the interests of military justice. Factors to be considered (2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates. In particular, the military judge shall take the following factors into account: (a) the extent to which the record is necessary for the accused person to make a full answer and defence; (b) the probative value of the record; (c) the nature and extent of the reasonable expectation of privacy with respect to the record; (d) whether production of the record is based on a discriminatory belief or bias; (e) the potential prejudice to the personal dignity and right to privacy of any person to whom the record relates; (f) society’s interest in encouraging the reporting of sexual offences; (g) society’s interest in encouraging the obtaining of treatment by complainants of sexual offences; and (h) the effect of the determination on the integrity of the trial process. 2019, c. 15, s. 27. Review of record by military judge 180.06 (1) If the military judge has ordered the production of the record or a part of the record for review, the military judge shall review it in the absence of the parties to determine whether the record or the part of the record should be produced to the accused person. Hearing in private (2) The military judge may hold a hearing in private if he or she considers that it will assist in making the determination. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Sections 180.06-180.07 Provisions re hearing (3) Subsections 180.04(2) to (4) apply in the case of a hearing held under subsection (2). 2019, c. 15, s. 27. Order to produce 180.07 (1) If the military judge is satisfied that the record or a part of the record is likely relevant to an issue at trial or to the competence of a witness to testify and that its production is necessary in the interests of military justice, the military judge may order that the record or the part of the record, as the case may be, be produced to the accused person, subject to any conditions that may be imposed under subsection (3). Factors to be considered (2) In determining whether to make the order, the military judge shall consider the salutary and deleterious effects of the determination on the accused person’s right to make a full answer and defence and on the right to privacy, personal security and equality of the complainant or witness, as the case may be, and of any other person to whom the record relates and, in particular, the military judge shall take the factors specified in paragraphs 180.05(2)(a) to (h) into account. Conditions on production (3) The military judge who orders the production of the record or a part of the record to the accused person, may impose conditions on the production to protect the interests of military justice and, to the greatest extent possible, the privacy, personal security and equality interests of the complainant or witness, as the case may be, and of any other person to whom the record relates, including the following conditions: (a) the record is to be edited as directed by the military judge; (b) a copy of the record, rather than the original, is to be produced; (c) the accused person and counsel for the accused person are not to disclose the contents of the record to any other person, except with the approval of the military judge; (d) the record is to be viewed only at a location specified by the military judge; (e) no copies of the record are to be made or only the number of copies specified by the military judge may be made; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Production of certain records Sections 180.07-181 (f) information regarding any person named in the record, such as their address, telephone number and place of employment, is to be severed from the record. Copy to prosecutor (4) If the military judge orders the production of the record or a part of the record to the accused person, the military judge shall direct that a copy of the record or the part of the record, as the case may be, be provided to the prosecutor, unless the military judge determines that it is not in the interests of military justice to do so. Record not used in other proceedings (5) The record or the part of the record that is produced to the accused person under an order made under subsection (1) must not be used in any other disciplinary, criminal, civil or administrative proceedings. Retention of record by court (6) If the military judge refuses to order the production of the record or a part of the record to the accused person, the record or the part of the record, as the case may be, must, unless the military judge orders otherwise, be kept by the military judge in a sealed package until the later of the expiry of the time for any appeal and the completion of any appeal in the proceedings against the accused person, at which time the record or the part of the record must be returned to the person lawfully entitled to possession or control of it. 2019, c. 15, s. 27. Reasons for decision 180.08 The military judge shall provide reasons in writing for ordering or not ordering the production of the record or a part of the record under subsection 180.05(1) or 180.07(1). 2019, c. 15, s. 27. Rules of Evidence Rules of evidence 181 (1) Subject to this Act, the Governor in Council may make rules of evidence to be applicable at trials by court martial. Publication (2) No rule made under this section is effective until it has been published in the Canada Gazette, and every rule shall be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which it is made. R.S., 1985, c. N-5, s. 181; 2013, c. 24, s. 51. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Rules of Evidence Sections 182-183 Admission of documents and records 182 (1) Documents and records of the classes that are prescribed in rules made under section 181 may be admitted, as evidence of the facts stated in them, at trials by court martial or in any proceedings before civil courts arising out of those trials, and the conditions governing the admissibility of the documents and records — or copies of them — in those classes shall be as prescribed in those rules. Statutory declarations admissible, subject to conditions (2) A court martial may receive, as evidence of the facts stated in them, statutory declarations made in the manner prescribed by the Canada Evidence Act, subject to the following conditions: (a) if the declaration is one that the prosecutor wishes to introduce, a copy shall be served on the accused person at least seven days before the trial; (b) if the declaration is one that the accused person wishes to introduce, a copy shall be served on the prosecutor at least three days before the trial; and (c) at any time before the trial, the party served with a copy of the declaration under paragraph (a) or (b) may notify the opposite party that the party so served will not consent to the declaration being received by the court martial, and in that event the declaration shall not be received. R.S., 1985, c. N-5, s. 182; 2013, c. 24, s. 52. Witnesses at Courts Martial Procurement of attendance of witnesses 183 (1) The commanding officer of an accused person shall take all necessary action to procure the attendance of the witnesses whom the prosecutor and the accused person request to be called and whose attendance can, having regard to the exigencies of the service, reasonably be procured. Exception (1.1) Nothing in subsection (1) requires the procurement of the attendance of any witness, the request for whose attendance is considered by the commanding officer to be frivolous or vexatious. Procurement of attendance in exceptional cases (2) Where a commanding officer considers to be frivolous or vexatious a request by the accused person for the attendance of a witness whose attendance, having regard to the exigencies of the service, can reasonably be Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183-183.1 procured, the attendance of that witness shall be procured if the accused person pays in advance the fees and expenses of the witness in accordance with section 251.2. Reimbursement of accused for fees and expenses (3) Where the evidence of a witness whose attendance is procured under subsection (2) proves to be relevant and material at the trial, the court martial shall order that the accused person be reimbursed in the amount of the fees and expenses paid to the witness. Rights of accused preserved (4) Nothing in this section limits the right of an accused person to procure and produce at the trial, at the expense of the accused person, if the exigencies of the service permit, such witnesses as that person may desire. R.S., 1985, c. N-5, s. 183; 1998, c. 35, s. 44. Support person — witnesses under 18 or with disability 183.1 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who has a mental or physical disability, or on application of such a witness, order that a support person of the witness’s choice be permitted to be present and to be close to the witness while the witness testifies, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Other witnesses (2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that a support person of the witness’s choice be permitted to be present and to be close to the witness while the witness testifies, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. Factors to be considered (3) In determining whether to make an order under subsection (2), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183.1-183.2 (c) the nature of the offence; (d) the nature of any relationship between the witness and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and (g) any other factor that the military judge considers relevant. Witness not to be support person (4) The military judge shall not permit a witness to be a support person unless the military judge is of the opinion that doing so is necessary for the proper administration of military justice. No communication while testifying (5) The military judge may order that the support person and the witness not communicate with each other while the witness testifies. No adverse inference (6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (2). 2019, c. 15, s. 28. Testimony outside courtroom — witnesses under 18 or with disability 183.2 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years or who is able to communicate evidence but may have difficulty doing so by reason of a mental or physical disability, or on application of such a witness, order that the witness testify outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, unless the military judge is of the opinion that the order would interfere with the proper administration of military justice. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Section 183.2 Other witnesses (2) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on application of a witness, order that the witness testify outside the courtroom or behind a screen or other device that would allow the witness not to see the accused person, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. Factors to be considered (3) In determining whether to make an order under subsection (2), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section; (g) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence; (h) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and (i) any other factor that the military judge considers relevant. Same procedure for determination (4) If the military judge is of the opinion that it is necessary for a witness to testify in order to determine whether an order under subsection (2) should be made in respect Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183.2-183.3 of the witness, the military judge shall order that the witness testify in accordance with that subsection. Conditions of exclusion (5) A witness shall not testify outside the courtroom in accordance with an order made under subsection (1) or (2) unless arrangements are made for the accused person, the military judge and, if a General Court Martial has been convened, its panel to watch the testimony of the witness by means of closed-circuit television or otherwise and the accused person is permitted to communicate with counsel while watching the testimony. No adverse inference (6) No adverse inference may be drawn from the fact that an order is, or is not, made under subsection (2). 2019, c. 15, s. 28. Accused not to cross-examine witnesses under 18 183.3 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall, on application of the prosecutor in respect of a witness who is under the age of 18 years, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination. Accused not to cross-examine complainant — certain offences (2) In proceedings against an accused person in respect of an offence punishable under section 130 that is an offence under section 264, 271, 272 or 273 of the Criminal Code, a military judge shall, on application of the prosecutor in respect of a witness who is a victim, or on application of such a witness, order that the accused person not personally cross-examine the witness, unless the military judge is of the opinion that the proper administration of military justice requires the accused person to personally conduct the cross-examination. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183.3-183.4 Other witnesses (3) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness who is not entitled to make an application under subsection (1) or (2), or on application of such a witness, order that the accused person not personally cross-examine the witness, if the military judge is of the opinion that the order would facilitate the giving of a full and candid account by the witness of the acts complained of or would otherwise be in the interest of the proper administration of military justice. If such an order is made, the military judge shall direct the Director of Defence Counsel Services to provide counsel to conduct the cross-examination. Factors to be considered (4) In determining whether to make an order under subsection (3), the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the nature of the offence; (d) the nature of any relationship between the witness and the accused person; (e) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (f) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; and (g) any other factor that the military judge considers relevant. No adverse inference (5) No adverse inference may be drawn from the fact that counsel is, or is not, provided under this section. 2019, c. 15, s. 28. Non-disclosure of witness’s identity 183.4 (1) In proceedings against an accused person in respect of a service offence, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor in respect of a witness, or on Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Section 183.4 application of a witness, make an order directing that any information that could identify the witness not be disclosed in the course of the proceedings, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Hearing may be held (2) The military judge may hold a hearing to determine whether the order should be made, and the hearing may be in private. Factors to be considered (3) In determining whether to make the order, the military judge shall consider (a) the right to a fair and public hearing; (b) the nature of the offence; (c) whether the witness needs the order for their security or to protect them from intimidation or retaliation; (d) whether the order is needed to protect the security of anyone known to the witness; (e) whether the order is needed to protect the identity of a peace officer, as defined in section 2 of the Criminal Code, who has acted, is acting or will be acting in an undercover capacity, or of a person who has acted, is acting or will be acting covertly under the direction of a peace officer as defined in that section; (f) whether the order is needed to protect the witness’s identity if they have had, have or will have responsibilities relating to national security or intelligence; (g) society’s interest in encouraging the reporting of service offences and the participation of victims and witnesses in the military justice process; (h) the importance of the witness’s testimony to the case; (i) whether effective alternatives to the making of the order are available in the circumstances; (j) the salutary and deleterious effects of the order; and (k) any other factor that the military judge considers relevant. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183.4-183.5 No adverse inference (4) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2019, c. 15, s. 28. Order restricting publication — sexual offences 183.5 (1) Subject to subsection (2), a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify a victim or a witness not be published in any document, or broadcast or transmitted in any way, if the proceedings are in respect of (a) any of the following offences: (i) an offence punishable under section 130 that is an offence under section 151, 152, 153, 153.1, 155, 160, 162, 163.1, 170, 171, 171.1, 172, 172.1, 172.2, 173, 210, 211, 213, 271, 272, 273, 279.01, 279.011, 279.02, 279.03, 280, 281, 286.1, 286.2, 286.3, 346 or 347 of the Criminal Code, (ii) any offence under the Criminal Code, as it read at any time before the day on which this subparagraph comes into force, if the conduct alleged would be an offence referred to in subparagraph (i) if it had occurred on or after that day; or (b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in paragraph (a). Mandatory order on application (2) In proceedings in respect of any offence referred to in subsection (1), the military judge shall (a) as soon as feasible, inform the victim and any witness under the age of 18 years of their right to make an application for the order; and (b) on application of the victim, the prosecutor or any such witness, make the order. Victim under 18 — other offences (3) Subject to subsection (4), in proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Sections 183.5-183.6 could identify the victim not be published in any document or broadcast or transmitted in any way. Mandatory order on application (4) In proceedings in respect of a service offence other than an offence referred to in subsection (1), if the victim is under the age of 18 years, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall (a) as soon as feasible, inform the victim of their right to make an application for the order; and (b) on application of the victim or the prosecutor, make the order. Child pornography (5) In proceedings in respect of an offence punishable under section 130 that is an offence under section 163.1 of the Criminal Code, the military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial shall make an order directing that any information that could identify a witness who is under the age of 18 years or any person who is the subject of any representation, written material or recording that constitutes child pornography, as defined in that section 163.1, not be published in any document or broadcast or transmitted in any way. Limitation (6) An order made under this section does not apply in respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community. 2019, c. 15, s. 28. Order restricting publication — victims and witnesses 183.6 (1) Unless an order is made under section 183.5, on application of the prosecutor in respect of a victim or a witness, or on application of a victim or a witness, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the victim or witness not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Military justice system participants (2) On application of the prosecutor in respect of a military justice system participant who is involved in Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Section 183.6 proceedings in respect of an offence referred to in subsection (3) or on application of the military justice system participant themself, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may make an order directing that any information that could identify the military justice system participant not be published in any document or broadcast or transmitted in any way, if the military judge is of the opinion that the order is in the interest of the proper administration of military justice. Offences (3) For the purpose of subsection (2), an offence is any of the following: (a) an offence punishable under section 130 that is an offence under section 423.1, 467.11, 467.111, 467.12 or 467.13 of the Criminal Code or that is a serious offence committed for the benefit of, at the direction of, or in association with a criminal organization; (b) a terrorism offence; (c) an offence punishable under section 130 that is an offence under subsection 16(1) or (2), 17(1), 19(1), 20(1) or 22(1) of the Security of Information Act; (d) an offence punishable under section 130 that is an offence under subsection 21(1) or section 23 of the Security of Information Act and that is committed in relation to an offence referred to in paragraph (c). Limitation (4) An order made under this section does not apply in respect of the disclosure of information if the disclosure is made in the course of the administration of military justice and it is made for a purpose other than to make the information known in the community. Making of application (5) An application for an order under this section must be made in accordance with regulations made by the Governor in Council. Grounds (6) The application must set out the grounds on which the applicant relies to establish that the order is necessary for the proper administration of military justice. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Section 183.6 Hearing may be held (7) The military judge may hold a hearing to determine whether an order under this section should be made, and the hearing may be held in private. Factors to be considered (8) In determining whether to make an order under this section, the military judge shall consider (a) the right to a fair and public hearing; (b) whether there is a real and substantial risk that the victim, witness or military justice system participant would suffer harm if their identity were disclosed; (c) whether the victim, witness or military justice system participant needs the order for their security or to protect them from intimidation or retaliation; (d) society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants; (e) whether effective alternatives are available to protect the identity of the victim, witness or military justice system participant; (f) the salutary and deleterious effects of the order; (g) the impact of the order on the freedom of expression of those affected by it; and (h) any other factor that the military judge considers relevant. Conditions (9) An order made under this section may be subject to any conditions that the military judge thinks fit. Publication prohibited (10) Unless the military judge refuses to make an order under this section, no person shall publish in any document or broadcast or transmit in any way (a) the contents of the application for the order; (b) any evidence taken, information given or submissions made at a hearing held under subsection (7); or (c) any other information that could identify the person to whom the application relates as a victim, witness or military justice system participant in the proceedings. 2019, c. 15, s. 28. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Witnesses at Courts Martial Section 183.7 Security of witnesses 183.7 (1) In proceedings against an accused person, a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial may, on application of the prosecutor or a witness or on his or her own motion, make any order other than one that may be made under section 180, if the military judge is of the opinion that the order is necessary to protect the security of any witness and is otherwise in the interest of the proper administration of military justice. Factors to be considered (2) In determining whether to make the order, the military judge shall consider (a) the witness’s age; (b) the witness’s mental or physical disabilities, if any; (c) the right to a fair and public hearing; (d) the nature of the service offence; (e) whether the witness needs the order to protect them from intimidation or retaliation; (f) whether the order is needed to protect the security of anyone known to the witness; (g) society’s interest in encouraging the reporting of service offences and the participation of victims, witnesses and military justice system participants; (h) the importance of the witness’s testimony to the case; (i) whether effective alternatives to the making of the order are available in the circumstances; (j) the salutary and deleterious effects of the order; and (k) any other factor that the military judge considers relevant. No adverse inference (3) No adverse inference may be drawn from the fact that an order is, or is not, made under this section. 2019, c. 15, s. 28. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Evidence on Commission Sections 184-185 Evidence on Commission Appointment of commissioner to take evidence 184 (1) The Chief Military Judge, or any military judge designated by the Chief Military Judge, may appoint any officer or other qualified person, in this section referred to as a “commissioner”, to take, under oath, the evidence of any person required as a witness at a court martial (a) who is, by reason of physical disability arising out of illness, not likely to be able to attend at the time the trial is held; (b) who is absent from the country in which the trial is held; or (c) whose attendance is not readily obtainable for a good and sufficient reason. Admissibility of commission evidence (2) The document containing the evidence of a witness, taken under subsection (1) and duly certified by the commissioner is admissible in evidence at a trial by court martial to the same extent and subject to the same objections as if the evidence were given by the witness in person at the trial. Power to require personal attendance of witness (3) If, in the opinion of a court martial, a witness whose evidence has been taken on commission should, in the interests of military justice, appear and give evidence before the court martial, and the witness is not too ill to attend the trial and is not outside the country in which the trial is held, the court martial may require the attendance of that witness. Representation, examination and cross-examination before commissioner (4) At any proceedings before a commissioner, the accused person and the prosecutor are entitled to be represented and the persons representing them have the right to examine and cross-examine any witness. R.S., 1985, c. N-5, s. 184; 1998, c. 35, s. 45; 2013, c. 24, s. 53. Copy to accused 185 The accused person shall, at least twenty-four hours before it is admitted at the court martial, be furnished without charge with a copy of the document referred to in subsection 184(2). R.S., c. N-4, s. 161. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Objections Sections 186-188 Objections Objections 186 (1) When a court martial is assembled, the names of the military judge and the members, if any, must be read to the accused person and the prosecutor, who shall then be asked if they object to the constitution of the court martial and, in the event of an objection, the decision as to whether to allow the objection is to be made in accordance with the procedure prescribed in regulations. Replacements (2) The procedure for the replacement of a person in respect of whom an objection has been allowed shall be as prescribed in regulations. R.S., 1985, c. N-5, s. 186; 1998, c. 35, s. 46. Preliminary Proceedings Preliminary proceedings 187 At any time after a charge has been preferred but before the commencement of the trial, any question, matter or objection in respect of the charge may, on application, be heard and determined by a military judge or, if the court martial has been convened, the military judge assigned to preside at the court martial. R.S., 1985, c. N-5, s. 187; 1992, c. 16, s. 9; 1998, c. 35, s. 46; 2008, c. 29, s. 13. Amendment of Charges Amendment if defence not prejudiced 188 (1) Where it appears to a court martial that there is a technical defect in a charge that does not affect the substance of the charge, the court martial, if of the opinion that the conduct of the accused person’s defence will not be prejudiced by an amendment of the charge, shall make the order for the amendment of the charge that it considers necessary to meet the circumstances of the case. Adjournment on amendment of charge (2) Where a charge is amended by a court martial, the court martial shall, if the accused person so requests, adjourn its proceedings for any period that it considers necessary to enable the accused person to meet the charge so amended. Minute of amendment (3) Where a charge is amended by a court martial, a minute of the amendment shall be endorsed on the charge sheet. R.S., 1985, c. N-5, s. 188; 1998, c. 35, s. 46. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Adjournments Sections 189-189.1 Adjournments Adjournment 189 A court martial may adjourn its proceedings whenever the court martial considers adjournment desirable. R.S., 1985, c. N-5, s. 189; 1998, c. 35, s. 46. Pleas Pleas permitted 189.1 (1) An accused person who makes an application under subsection (2) or who, after the commencement of the trial, is called on to plead may plead guilty or not guilty, or any other plea authorized by regulations made by the Governor in Council. Plea of guilty (2) At any time after a court martial is convened but before the commencement of the trial, the military judge assigned to preside at the court martial may, on application, receive the accused person’s plea of guilty in respect of any charge and, if there are no other charges remaining before the court martial to which pleas of not guilty have been recorded, determine the sentence. Conditions for accepting guilty plea (3) The military judge may accept a plea of guilty only if he or she is satisfied that (a) the accused person is making the plea voluntarily; and (b) the accused person (i) understands that the plea is an admission of the essential elements of the service offence, (ii) understands the nature and consequences of the plea, and (iii) understands that the military judge is not bound by any agreement made between the accused person and the prosecutor. Validity of plea (4) The failure of the military judge to fully inquire whether the conditions set out in subsection (3) are met does not affect the validity of the plea. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Pleas Section 189.1 Refusal to plead (5) If an accused person refuses to plead or does not answer directly, he or she is deemed to have made a plea of not guilty. Allowing time (6) An accused person is not entitled as of right to have their trial postponed, but the military judge may, if the military judge considers that the accused person should be allowed further time to plead or prepare for their defence or for any other reason, adjourn the trial to a later time, on any terms that the military judge considers appropriate. Included or other offence (7) Despite any other provision of this Act, if an accused person pleads not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence, the military judge may, with the consent of the prosecutor, accept that plea of guilty and, if the plea is accepted, the military judge shall find the accused person not guilty of the offence charged and find him or her guilty of the offence in respect of which the plea of guilty was accepted and enter those findings in the record of the court martial. Inquiry of court — serious personal injury offence (8) If the accused person is charged with a service offence that is a serious personal injury offence and the accused person and the prosecutor have entered into an agreement under which the accused person will enter a plea of guilty of the service offence charged — or a plea of not guilty of the service offence charged but guilty of any other service offence arising out of the same transaction, whether or not it is an included offence — the military judge shall, after accepting the plea of guilty, inquire of the prosecutor whether reasonable steps were taken to inform the victims of the agreement. Inquiry of court — certain offences (9) If the accused person is charged with a serious offence that is not a serious personal injury offence and the accused person and the prosecutor have entered into an agreement referred to in subsection (8), the military judge shall, after accepting the plea of guilty, inquire of the prosecutor whether any of the victims had advised the prosecutor of their desire to be informed if such an agreement were entered into and, if so, whether Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Pleas Sections 189.1-192 reasonable steps were taken to inform that victim of the agreement. Duty to inform (10) If subsection (8) or (9) applies, and any victim was not informed of the agreement before the plea of guilty was accepted, the prosecutor shall, as soon as feasible, take reasonable steps to inform the victim of the agreement and the acceptance of the plea. Validity of plea (11) Neither the failure of the military judge to inquire of the prosecutor as required under subsection (8) or (9) nor the failure of the prosecutor to take reasonable steps to inform the victims of the agreement affects the validity of the plea. (12) [Repealed, 2019, c. 15, s. 64] 2019, c. 15, s. 29; 2019, c. 15, s. 64. Views Authority for viewing 190 A court martial may view any place, thing or person. R.S., 1985, c. N-5, s. 190; 1991, c. 43, s. 17; 1992, c. 16, s. 10; 1998, c. 35, s. 46. Decisions of General Court Martial Questions of law 191 The military judge presiding at a General Court Martial determines all questions of law or mixed law and fact arising before or after the commencement of the trial. R.S., 1985, c. N-5, s. 191; 1998, c. 35, s. 46; 2008, c. 29, s. 14. 191.1 [Repealed, 2019, c. 15, s. 30] Decision of panel 192 (1) The members of the panel determine the court martial’s finding and its decision in respect of any other matter or question arising after the commencement of the trial that is not a question of law or mixed law and fact. Decision (2) A decision of the panel in respect of a finding of guilty or not guilty, of unfitness to stand trial or of not responsible on account of mental disorder is determined by Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Decisions of General Court Martial Sections 192-194.1 the unanimous vote of its members. A decision in respect of any other matter is determined by a majority vote. R.S., 1985, c. N-5, s. 192; 1992, c. 16, s. 11; 1998, c. 35, s. 46; 2008, c. 29, s. 14. Disagreement of panel 192.1 (1) If the military judge presiding at a General Court Martial is satisfied that the members of the panel are unable to agree on a finding and that further retention of the panel would be useless, the military judge may in his or her discretion discharge the panel. Dissolution of court martial (2) If a panel is discharged under subsection (1), the court martial is dissolved and the accused person may be dealt with as if the trial had never commenced. 2008, c. 29, s. 14. Sentence 193 The military judge presiding at a General Court Martial determines the sentence. R.S., 1985, c. N-5, s. 193; 1998, c. 35, s. 46; 2008, c. 29, s. 14. Similar Offences Similar offences may be considered in imposing sentence 194 (1) A court martial may, on the request of a person who is found guilty and who admits to having committed service offences similar in character to an offence of which the person is found guilty, take those service offences into consideration for the purposes of the sentence as if the person had been charged with, tried for and found guilty of those service offences. Restriction (2) If a court martial takes an admitted service offence into consideration for the purposes of the sentence, the sentence may not include any punishment higher in the scale of punishments than the punishment that might be imposed in respect of any offence of which the person is found guilty. R.S., 1985, c. N-5, s. 194; 1998, c. 35, s. 46. Absconding Accused Accused absconding during court martial 194.1 (1) An accused person who absconds during the course of their trial by court martial, whether or not the person is charged jointly with another person, is deemed to have waived their right to be present at their trial. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Absconding Accused Sections 194.1-195 Continuing or adjourning court martial (2) A military judge presiding at the court martial of an accused person who absconds may (a) continue the trial and proceed to a judgment or verdict and, if the accused person is found guilty, impose a sentence in their absence; or (b) if a warrant is issued under section 249.23, adjourn the trial to await the appearance of the accused person. Continuing court martial (3) A military judge who adjourns a court martial may at any time continue the court martial if he or she is satisfied that it is no longer in the interests of military justice to await the appearance of the accused person. Adverse inference (4) A court martial may draw an inference adverse to the accused person from the fact that the accused person has absconded. Accused not entitled to reopening (5) An accused person who reappears at their trial is not entitled to have any part of the proceedings that were conducted in their absence reopened unless the court martial is satisfied that because of exceptional circumstances it is in the interests of military justice to reopen the proceedings. Counsel for accused person may continue to act (6) Counsel for an accused person who absconds is not deprived, as result of the absconding, of any authority he or she may have to continue to represent the accused person. 2013, c. 24, s. 54. Pronouncement of Findings and Sentence Manner and effective date of pronouncement 195 The finding and sentence of a court martial shall, at the conclusion of the trial of the offender so sentenced, be pronounced in open court to the offender, who shall be under the sentence as of the date of the pronouncement thereof. R.S., c. N-4, s. 170. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Death or Incapacity Section 196 Death or Incapacity Death or incapacity to continue of judge 196 (1) Where the military judge presiding at a court martial dies or is for any reason unable to continue, the proceedings of the court martial are deemed to be adjourned. The proceedings may be continued with another military judge, in this section referred to as the “replacement judge”, assigned by the Chief Military Judge. When finding not pronounced (2) If the court martial has not pronounced its finding before the presiding military judge dies or becomes unable to continue, the replacement judge (a) in the case of a General Court Martial, may order that the court martial (i) continue from the stage at which it was when it was deemed to be adjourned, or (ii) commence again, at the stage immediately following the plea of the accused person, as if no evidence had been introduced; and (b) in the case of a Standing Court Martial, shall commence the court martial again at the stage immediately following the plea of the accused person, as if no evidence had been introduced. Adjudications and evidence (3) In the case of a court martial continued under subparagraph (2)(a)(i), (a) if an adjudication was made before the adjournment but no order was made, the replacement judge shall make any order that is authorized by law and required in the circumstances; and (b) if any evidence was adduced before the adjournment, the evidence is deemed to have been adduced before the replacement judge but, if the prosecutor and the accused so agree, any part of that evidence may be adduced again. When finding pronounced (4) If the court martial pronounced its finding before the presiding military judge died or became unable to continue, the replacement judge shall determine the sentence. R.S., 1985, c. N-5, s. 196; 1998, c. 35, s. 47; 2008, c. 29, s. 15. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6 Trial by Court Martial Death or Incapacity Sections 196.1-196.11 Dissolution 196.1 (1) If, after an accused person has made a plea but before the court martial pronounces its finding, two or more members of the panel die or are for any reason unable to continue to act, the court martial is dissolved. Illness of accused (2) Where, on account of the illness of an accused person, it is impossible to continue the trial of that person, the court martial is dissolved. Unfit to stand trial (3) Where a court martial finds, under subsection 198(2), that an accused person is unfit to stand trial and it completes the proceedings under subsection 200(2), the court martial is dissolved. Effect of dissolution (4) Where a court martial is dissolved pursuant to this section, the accused person may be dealt with as if the trial had never commenced. 1998, c. 35, s. 47; 2008, c. 29, s. 16. DIVISION 6.1 Forensic DNA Analysis Definitions 196.11 The definitions in this section apply in this Division. Commissioner means the Commissioner of the Royal Canadian Mounted Police. (commissaire) designated offence means a primary designated offence or a secondary designated offence. (infraction désignée) DNA means deoxyribonucleic acid. (ADN) DNA profile means the results of forensic DNA analysis. (profil d’identification génétique) forensic DNA analysis (a) in relation to a bodily substance that is taken in execution of a warrant under section 196.12, means forensic DNA analysis of the bodily substance and the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Section 196.11 comparison of the results of that analysis with the results of the analysis of the DNA in the bodily substance referred to in paragraph 196.12(1)(b), and includes any incidental tests associated with that analysis; and (b) in relation to a bodily substance that is provided voluntarily in the course of an investigation of a designated offence or is taken from a person in execution of an order made under section 196.14 or under an authorization granted under section 196.24, or to a bodily substance referred to in paragraph 196.12(1)(b), means forensic DNA analysis of the bodily substance. (analyse génétique) peace officer means (a) a police officer, police constable, bailiff, constable or other person employed for the preservation and maintenance of the public peace or for the service or execution of civil process; or (b) an officer or a non-commissioned member of the Canadian Forces who is (i) a member of the military police, or (ii) employed on duties that the Governor in Council has prescribed in the regulations to be of such a kind as to necessitate that the officer or non-commissioned member performing them has the powers of a peace officer. (agent de la paix) prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire) primary designated offence means (a) an offence within the meaning of paragraphs (a) and (c.02) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; (a.1) an offence within the meaning of any of paragraphs (a.1) to (c.01), (c.03) and (c.1) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; and (b) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit an offence within the meaning of any of paragraphs (a) to (c.03) of the definition primary designated offence in section 487.04 of the Criminal Code that is punishable under section 130. (infraction primaire) Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.11-196.12 secondary designated offence means (a) an offence within the meaning of any of paragraphs (a) to (d.2) of the definition secondary designated offence in section 487.04 of the Criminal Code that is punishable under section 130; (b) an offence under any of the following provisions of this Act: (i) paragraph 77(a) (violence to person bringing materiel to forces), (ii) section 79 (mutiny with violence), (iii) section 84 (striking a superior officer), (iv) paragraph 87(b) (violence while in custody), (v) section 95 (striking a subordinate), (vi) paragraph 107(a) (endangering a person on an aircraft), or (vii) section 127 (handling of dangerous substances); and (c) an attempt to commit or, other than for the purpose of subsection 196.12(1), a conspiracy to commit any offence referred to in paragraph (a) or (b). (infraction secondaire) 2000, c. 10, s. 1; 2005, c. 25, s. 23; 2007, c. 22, ss. 35, 48; 2010, c. 17, s. 46; 2013, c. 24, s. 55; 2014, c. 25, s. 36; 2018, c. 21, s. 44. Information for warrant to take bodily substances for forensic DNA analysis 196.12 (1) A military judge, on ex parte application in the prescribed form, may issue a warrant in the prescribed form authorizing the taking for the purpose of forensic DNA analysis, from a person subject to the Code of Service Discipline, of any number of samples of bodily substances that is reasonably required for that purpose, if the military judge is satisfied by information on oath that it is in the best interests of the administration of military justice to do so and that there are reasonable grounds to believe (a) that a designated offence has been committed; (b) that a bodily substance has been found or obtained (i) at the place where the offence was committed, (ii) on or within the body of the victim of the offence, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.12-196.13 (iii) on anything worn or carried by the victim at the time the offence was committed, or (iv) on or within the body of any person or thing or at any place associated with the commission of the offence; (c) that the person subject to the Code of Service Discipline was a party to the offence; and (d) that forensic DNA analysis of a bodily substance from the person will provide evidence about whether the bodily substance referred to in paragraph (b) was from that person. Criteria (2) In considering whether to issue the warrant, the military judge shall have regard to all relevant matters, including (a) the nature of the offence and the circumstances surrounding its commission; and (b) whether there is (i) a peace officer who is able, by virtue of training or experience, to obtain a bodily substance from the person, or (ii) another person who is able, by virtue of training or experience, to obtain under the direction of a peace officer a bodily substance from the person. 2000, c. 10, s. 1; 2013, c. 24, s. 56. Telewarrants 196.13 (1) If a peace officer believes that it would be impracticable to appear personally before a military judge to apply for a warrant, the peace officer may submit an information on oath to the judge by telephone or other means of telecommunication. Contents of information (2) An information submitted by telephone or other means of telecommunication shall include, in addition to the information described in subsection 196.12(1), (a) a statement of the circumstances that make it impracticable for the peace officer to appear personally before a military judge; and (b) a statement as to any prior application for a warrant under this section. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Section 196.13 Oath in writing (3) If the telecommunication is in written form, a written statement by the peace officer that all matters contained in the information are true to the officer’s knowledge and belief is deemed to be a statement made under oath. Information filed with Court Martial Administrator (4) The military judge shall, as soon as practicable, certify the information as to time and date of receipt, and cause it to be filed with the Court Martial Administrator. If the telecommunication is not in written form, the information that is to be filed is the verbatim record, or a transcription of it, certified by the judge as to its contents and time and date of receipt. Formalities respecting warrant and facsimiles (5) When a military judge issues a warrant by telephone or other means of telecommunication that is not in written form, (a) the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance; (b) the peace officer, on the direction of the judge, shall complete, in duplicate, a facsimile of the warrant in the prescribed form, noting on its face the name of the judge and the time, date and place of issuance; and (c) the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with the Court Martial Administrator. Issuance of warrant — telecommunication in written form (6) When a military judge issues a warrant by a means of telecommunication in written form, (a) the judge shall complete and sign the warrant in the prescribed form, noting on its face the time, date and place of issuance; (b) the judge shall transmit the warrant by the means of telecommunication to the peace officer who submitted the information, and the copy of the warrant received by the peace officer is deemed to be a facsimile within the meaning of paragraph (5)(b); (c) the peace officer shall procure another facsimile of the warrant; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.13-196.14 (d) the judge shall, as soon as practicable after the warrant has been issued, cause the warrant to be filed with Court Martial Administrator. Proof of authorization (7) In any proceeding in which it is material for a court to be satisfied that the taking of samples of a bodily substance was authorized by a warrant issued by telephone or other means of telecommunication, the absence of the information or warrant, signed by the military judge and carrying on its face a notation of the time, date and place of issuance, is, in the absence of evidence to the contrary, proof that the taking of the samples was not authorized. Duplicates and facsimiles acceptable (8) A duplicate or a facsimile of an information or a warrant has the same probative force as the original for the purpose of subsection (7). 2000, c. 10, s. 1. Order — primary designated offences 196.14 (1) A court martial shall make an order in the prescribed form authorizing the taking of the number of samples of bodily substances that is reasonably required for the purpose of forensic DNA analysis from a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a) of the definition primary designated offence in section 196.11 when the person is sentenced. Order — primary designated offences (2) A court martial shall make such an order in the prescribed form in relation to a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a primary designated offence within the meaning of paragraph (a.1) or (b) of the definition primary designated offence in section 196.11 when the person is sentenced. However, the court martial is not required to make the order if it is satisfied that the person has established that the impact of such an order on their privacy and security of the person would be grossly disproportionate to the public interest in the protection of society and the proper administration of military justice, to be achieved through the early detection, arrest and conviction of offenders. Order — persons found not responsible and secondary designated offences (3) A court martial may, on application by the prosecutor and if it is satisfied that it is in the best interests of the administration of military justice to do so, make such an order in the prescribed form in relation to Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.14-196.16 (a) a person who is found not responsible on account of mental disorder for an offence committed at any time, including before June 30, 2000, if that offence is a designated offence when the finding is made; or (b) a person who is found guilty of an offence committed at any time, including before June 30, 2000, if that offence is a secondary designated offence when the person is sentenced. In deciding whether to make the order, the court martial shall consider the nature of the offence and the circumstances surrounding its commission, any previous convictions, any previous finding of not responsible on account of mental disorder for a designated offence and the impact that such an order would have on the person’s privacy and security and shall give reasons for the decision. Order to offender (4) When a court martial makes an order authorizing the taking of samples of bodily substances, it may make an order in the prescribed form to require the person to report at the place, day and time set out in the order and submit to the taking of the samples. 2000, c. 10, s. 1; 2005, c. 25, s. 24; 2007, c. 22, ss. 36, 48; 2019, c. 15, s. 31. 196.15 [Repealed, 2007, c. 22, s. 5] Timing of order 196.16 (1) The court martial may make an order under section 196.14 authorizing the taking of samples of bodily substances either when it imposes a sentence on a person or finds them not responsible on account of mental disorder or at a later date if it adjourns the proceedings after it imposes the sentence or makes the finding. Hearing by new court martial (2) If the court martial does not consider the matter at that time, (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so; (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and (c) for greater certainty, the person who may be made subject to the order continues to be liable to be dealt Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.16-196.17 with under the Code of Service Discipline for the purpose of the hearing. 2000, c. 10, s. 1; 2005, c. 25, s. 25; 2007, c. 22, s. 5; 2008, c. 29, s. 17. Failure to appear 196.161 (1) If a person fails to appear at the place, day and time set out in an order made under subsection 196.14(4) or 196.24(4), a military judge may issue a warrant in the prescribed form for their arrest to allow samples of bodily substances to be taken. Warrant in force (2) The warrant may be executed anywhere in or outside Canada by a peace officer who has jurisdiction in that place or over the person. The warrant remains in force until it is executed. 2005, c. 25, s. 25; 2007, c. 22, s. 5. When collection to take place 196.17 (1) Samples of bodily substances shall be taken as authorized under section 196.14 (a) at the place, day and time set out in an order made under subsection 196.14(4) or as soon as feasible afterwards; or (b) in any other case, on the day on which the order authorizing the taking of the samples is made or as soon as feasible afterwards. When collection to take place (1.1) Samples of bodily substances shall be taken as authorized under section 196.24 (a) at the place, day and time set out in an order made under subsection 196.24(4) or as soon as feasible afterwards; or (b) in any other case, as soon as feasible after the authorization is granted. When collection to take place (1.2) If a person fails to appear as required by an order made under subsection 196.14(4) or 196.24(4), samples of bodily substances shall be taken (a) when the person is arrested under a warrant issued under subsection 196.161(1) or as soon as feasible afterwards; or (b) as soon as feasible after the person appears at the place set out in the order if no warrant is issued. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.17-196.18 Appeal (1.3) Subsections (1) to (1.2) apply even if the order or authorization to take the samples of bodily substances is appealed. Collection of samples (2) A peace officer who is authorized under section 196.14 or 196.24 to take samples of bodily substances may cause the samples to be taken in any place in or outside Canada in which the person who is subject to the order or authorization is located. Who collects samples (3) The samples shall be taken by a peace officer who has jurisdiction over the person or in the place in which the samples are taken — or a person acting under their direction — who is able, by virtue of training or experience, to take them. 2000, c. 10, s. 1; 2005, c. 25, s. 26; 2007, c. 22, s. 37. Report of peace officer 196.18 (1) A peace officer who takes samples of bodily substances from a person or who causes a person who is not a peace officer to take samples under their direction shall, as soon as feasible after the samples are taken, make a written report in the prescribed form and cause the report to be filed with (a) the military judge who issued the warrant under section 196.12 or 196.13 or who granted the authorization under section 196.24, or another military judge; or (b) the Court Martial Administrator, in the case of an order made by a court martial under section 196.14. Contents of report (2) The report shall state the time and date the samples were taken, and describe the bodily substances that were taken. Copy of report (2.1) The peace officer who takes the samples or causes the samples to be taken under their direction at the request of another peace officer shall send a copy of the report to the other peace officer unless that other peace officer had jurisdiction to take the samples. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.18-196.2 Unexecuted telewarrant (3) If a peace officer does not execute a warrant that was issued in accordance with section 196.13, the peace officer must make a report stating the reasons why the warrant was not executed. 2000, c. 10, s. 1; 2007, c. 22, s. 38. No criminal or civil liability 196.19 No peace officer, and no person acting under a peace officer’s direction, incurs any disciplinary, criminal or civil liability for anything necessarily done with reasonable care and skill in the taking of samples of bodily substances in execution of a warrant issued under section 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24. 2000, c. 10, s. 1; 2007, c. 22, s. 39. Investigative procedures 196.2 (1) A peace officer, or a person acting under a peace officer’s direction, is authorized by a warrant issued under section 196.12 or 196.13, an order made under section 196.14 or an authorization granted under section 196.24 to take samples of bodily substances by any of the following means: (a) the plucking of individual hairs, including the root sheath; (b) the taking of buccal swabs by swabbing the lips, tongue and inside cheeks of the mouth to collect epithelial cells; or (c) the taking of blood by pricking the skin surface with a sterile lancet. Terms and conditions (2) The warrant or order shall include any terms and conditions that the military judge or court martial considers advisable to ensure that the taking of the samples is reasonable in the circumstances. Fingerprints (3) A peace officer who is authorized to take samples of bodily substances from a person by an order made under section 196.14 or an authorization granted under section 196.24, or a person acting under their direction, may take fingerprints from the person for the purpose of the DNA Identification Act. 2000, c. 10, s. 1; 2007, c. 22, s. 40. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.21-196.22 Duty to inform 196.21 (1) Before taking samples of bodily substances from a person, or causing samples to be taken under their direction, in execution of a warrant issued under section 196.12 or 196.13 or an order made under section 196.14 or under an authorization granted under section 196.24, a peace officer shall inform the person of (a) the contents of the warrant or order; (b) the nature of the investigative procedures by means of which the samples are to be taken; (c) the purpose of taking the samples; (d) the authority of the peace officer and any person acting under the officer’s direction to use as much force as is reasonably necessary for the purpose of taking the samples; and (e) in the case of samples of bodily substances taken in execution of a warrant, the possibility that the results of forensic DNA analysis may be used in evidence. Detention of person (2) A person from whom samples of bodily substances are to be taken may, for that purpose, be detained for a period that is reasonable in the circumstances and be required to accompany a peace officer. Respect of privacy (3) A peace officer, or any person acting under a peace officer’s direction, who takes samples of bodily substances from a person shall ensure that the person’s privacy is respected in a manner that is reasonable in the circumstances. 2000, c. 10, s. 1; 2007, c. 22, s. 41. Verification 196.22 (1) Before taking samples of bodily substances from a person under an order made under section 196.14 or an authorization granted under section 196.24, a peace officer, or a person acting under their direction, shall verify whether the convicted offenders index of the national DNA data bank, established under the DNA Identification Act, contains the person’s DNA profile. DNA profile in data bank (2) If the person’s DNA profile is in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall not take any bodily substances from the person but shall Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.22-196.23 (a) confirm in writing on the order or authorization that they have been advised that the person’s DNA profile is in the national DNA data bank; and (b) transmit a copy of the order or authorization containing that confirmation and any other information prescribed by regulations made under the DNA Identification Act to the Commissioner. DNA profile not in data bank (3) If the person’s DNA profile is not in the convicted offenders index of the national DNA data bank, the peace officer or person acting under their direction shall execute the order or authorization and transmit to the Commissioner (a) any bodily substances taken; and (b) a copy of the order or authorization and any other information prescribed by regulations made under the DNA Identification Act. 2000, c. 10, s. 1; 2005, c. 25, s. 27; 2007, c. 22, s. 42. Destruction of bodily substances, etc. 196.23 (1) Subject to subsection (2), bodily substances that are taken from a person in execution of a warrant under section 196.12 and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after (a) the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person; (b) the person is finally acquitted of the designated offence and of any other offence in respect of the same transaction; or (c) the expiry of one year after the charge is withdrawn unless during that year the person is again charged with the designated offence or any other offence in respect of the same transaction. Exception (2) A military judge may order that the bodily substances that are taken from a person and the results of forensic DNA analysis not be destroyed during any period that the judge considers appropriate if the judge is satisfied that they might reasonably be required in an investigation or prosecution of the person for another designated offence Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.23-196.24 or of another person for the designated offence or any other offence in respect of the same transaction. Destruction of bodily substances, etc., voluntarily given (3) Bodily substances that are provided voluntarily by a person and the results of forensic DNA analysis shall be destroyed or, in the case of results in electronic form, access to those results shall be permanently removed, without delay after the results of the analysis establish that the bodily substance referred to in paragraph 196.12(1)(b) was not from that person. 2000, c. 10, s. 1. Collection of additional bodily substances 196.24 (1) A military judge may, on ex parte application made in the prescribed form within a reasonable time, authorize, in the prescribed form, the taking from a person, for the purpose of forensic DNA analysis, of any number of additional samples of bodily substances that is reasonably required for that purpose if (a) a DNA profile cannot be derived from the bodily substances that were taken from that person under an order made under section 196.14; or (b) the information or bodily substances required by regulations made under the DNA Identification Act were not transmitted in accordance with the requirements of the regulations or were lost. Reasons (2) The application shall state the reasons why a DNA profile cannot be derived from the bodily substances or why the information or bodily substances were not transmitted in accordance with the regulations or were lost. For greater certainty (3) For greater certainty, the person who may be made subject to the authorization continues to be liable to be dealt with under the Code of Service Discipline for that purpose. Persons not in custody (4) If the military judge authorizes the taking of samples of bodily substances from a person who is not in custody, an order in the prescribed form shall be directed to the person requiring them to report at the place, day and time set out in the order and submit to the taking of the samples. 2000, c. 10, s. 1; 2005, c. 25, s. 28; 2007, c. 22, s. 43. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.241-196.25 Review by Director of Military Prosecutions 196.241 (1) On receipt of a notice from the Commissioner under subsection 5.2(1) of the DNA Identification Act that an order made under section 196.14 or an authorization granted under section 196.24 appears to be defective, the Director of Military Prosecutions shall review the order or authorization and the court record. Clerical error (2) If the Director of Military Prosecutions is of the opinion that the defect is due to a clerical error, the Director shall (a) apply, ex parte, to the military judge who made the order, or to another military judge, to have it corrected; and (b) transmit a copy of the corrected order or authorization, if any, to the Commissioner. Substantive defect (3) If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is not a designated offence, the Director shall inform the Commissioner of that opinion. No defect (4) If the Director of Military Prosecutions is of the opinion that the offence referred to in the order or authorization is a designated offence, the Director shall transmit that opinion, with written reasons, to the Commissioner. 2005, c. 25, s. 29; 2007, c. 22, s. 44. Order denying access to information used to obtain a warrant 196.25 (1) A military judge may, on application made at the time of issuing a warrant, make an order prohibiting access to and the disclosure of any information relating to the warrant on the ground that (a) the ends of justice would be subverted by the disclosure for one of the reasons referred to in subsection (2) or the information might be used for an improper purpose; and (b) the ground referred to in paragraph (a) outweighs in importance the access to the information. Reasons (2) For the purpose of paragraph (1)(a), an order may be made under subsection (1) on the ground that the ends of justice would be subverted by the disclosure Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.1 Forensic DNA Analysis Sections 196.25-196.26 (a) if disclosure of the information would (i) compromise the identity of a confidential informant, (ii) compromise the nature and extent of an ongoing investigation, (iii) endanger a person engaged in particular intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used, or (iv) prejudice the interests of an innocent person; and (b) for any other sufficient reason. Procedure (3) If an order is made under subsection (1), all documents relating to the application shall, subject to any terms and conditions that the military judge considers desirable in the circumstances, including terms and conditions concerning the duration of the prohibition, partial disclosure of a document, deletion of any information or the occurrence of a condition, be placed in a packet and sealed by the military judge immediately on determination of the application, and that packet shall be kept in the custody of the Court Martial Administrator in a place to which the public has no access or in any other place that the judge may authorize and shall not be dealt with except in accordance with the terms and conditions specified in the order or as varied under subsection (4). Application for variance of order (4) An application to terminate the order or vary any of its terms and conditions may be made to the military judge who made the order or to another military judge. 2000, c. 10, s. 1. DIVISION 6.2 Identification of Accused Persons and Offenders Meaning of designated offence 196.26 In this Division, designated offence means an offence under any of the following provisions of this Act: (a) paragraphs 75(a) to (d) (offences related to security); (b) paragraphs 77(a) and (d) to (i) (offences related to operations); Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.2 Identification of Accused Persons and Offenders Section 196.26 (c) section 78 (spying for the enemy); (d) section 79 (mutiny with violence); (e) section 80 (mutiny without violence); (f) paragraphs 81(a) and (b) (offences related to mutiny); (g) section 84 (striking or offering violence to a superior officer); (h) paragraphs 87(a) to (c) (resisting arrest or custody); (i) section 95 (abuse of subordinates); (j) section 100 (setting free without authority or allowing or assisting escape); (k) section 101 (escape from custody); (l) section 101.1 (failure to comply with conditions); (m) section 102 (hindering arrest or confinement or withholding assistance); (n) paragraphs 111(1)(a) and (b) (improper driving of vehicles); (o) section 113 (causing fires); (p) section 114 (stealing); (q) section 115 (receiving); (r) paragraphs 116(a) and (b) (destruction, damage, loss or improper disposal), if the conduct is wilful; (s) paragraphs 117(a) to (d) and (f) (miscellaneous offences), except where the offender unlawfully obtains transportation by fraud; (t) section 118 (offences in relation to tribunals); (u) section 118.1 (failure to appear or attend); (v) section 119 (false evidence); (w) section 124 (negligent performance of duties), if the negligence results in death or bodily harm; (x) section 127 (negligent handling of dangerous substances); (y) section 128 (conspiracy); or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 6.2 Identification of Accused Persons and Offenders Sections 196.26-196.29 (z) section 130 (service trial of civil offences), if the act or omission is punishable under any other Act of Parliament and constitutes an offence under that other Act that is an indictable offence or is deemed to be an indictable offence by paragraph 34(1)(a) of the Interpretation Act. 2002, c. 13, s. 88. Fingerprints and photographs 196.27 (1) Any person who is charged with, or convicted by a court martial of, a designated offence may be fingerprinted or photographed or subjected to any other measurement, process or operation having the object of identifying persons that is approved by order of the Governor in Council under the Identification of Criminals Act. Use of force (2) Such force may be used as is necessary to the effectual carrying out and application of the measurements, processes and operations described in subsection (1). Publication (3) The results of the measurements, processes and operations to which a person has been subjected under subsection (1) may be published for the purpose of affording information to peace officers within the meaning of Division 6.1 and others engaged in the execution or administration of the law. 2002, c. 13, s. 88. No liability for acting under this Division 196.28 No civil or criminal liability shall be incurred by any person for anything lawfully done under this Division or by any person concerned in the publication of results for the purpose of subsection 196.27(3). 2002, c. 13, s. 88. Destruction of fingerprints, photographs, etc. 196.29 Fingerprints, photographs and other measurements that are taken under subsection 196.27(1) from a person who is charged with a designated offence shall be destroyed without delay, on application by the person, if the charge has not been proceeded with in the three years after the charge is laid. 2002, c. 13, s. 88; 2019, c. 15, s. 32. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Sections 197-198 DIVISION 7 Mental Disorder Interpretation Definitions 197 For the purposes of this Division, appropriate province means (a) in respect of a court martial held in Canada, the province in which it is held, or (b) in respect of a court martial held outside Canada, the province with which the Minister makes arrangements for the benefit and welfare of the accused person; (province concernée) assessment means an assessment of the mental condition of the accused person, and any incidental observation or examination of the accused person; (évaluation) disposition means an order made by a court martial under section 201, 202 or 202.16 or a finding made by a court martial under subsection 202.161(4); (décision) medical practitioner means a person who is entitled to practise medicine by the laws of a province; (médecin) Review Board means the Review Board established or designated for a province pursuant to subsection 672.38(1) of the Criminal Code; (commission d’examen) significant threat to the safety of the public means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent. (risque important pour la sécurité du public) R.S., 1985, c. N-5, s. 197; 1991, c. 43, s. 18; 1998, c. 35, s. 92; 2014, c. 6, s. 21. Fitness to Stand Trial Presumption of fitness 198 (1) An accused person is presumed fit to stand trial unless the court martial is satisfied on the balance of probabilities that the accused person is unfit to stand trial. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 198-200 Court directs issue to be tried (2) Subject to section 199, where at any time after the commencement of a trial by court martial the court martial has reasonable grounds to believe that the accused person is unfit to stand trial, the court martial may direct, of its own motion or on application of the accused person or the prosecutor, that the issue of fitness be tried, and a finding shall be made by the court martial as to whether the accused person is unfit to stand trial. Burden of proof (3) An accused person or a prosecutor who makes an application under subsection (2) has the burden of proof that the accused is unfit to stand trial. Order for assessment (4) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether the accused person is unfit to stand trial, the court martial may make an order for an assessment of the accused person. Subsequent proceedings (5) A finding of unfit to stand trial shall not prevent the accused person from being tried subsequently on the same charge where the accused person becomes fit to stand trial. R.S., 1985, c. N-5, s. 198; 1991, c. 43, s. 18. Postponing trial of issue 199 (1) Where the trial of an issue referred to in subsection 198(2) arises before the close of the case for the prosecution, the court martial may postpone directing the trial of the issue until a time not later than the opening of the case for the defence or, on motion of the accused person, such later time as the court martial may direct. Issue not tried (2) Where a court martial postpones directing the trial of an issue pursuant to subsection (1) and the accused person is found not guilty or proceedings are otherwise terminated, the issue shall not be tried. R.S., 1985, c. N-5, s. 199; 1991, c. 43, s. 18. Trial proceeds where accused fit to stand trial 200 (1) Where the finding of a court martial on trial of the issue is that an accused person is fit to stand trial, the court martial shall continue its proceedings as if the issue of fitness had never arisen. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 200-202 Procedure where accused unfit to stand trial (2) Where the finding on trial of the issue is that an accused person is unfit to stand trial, the court martial shall (a) set aside any plea that has been made; and (b) hold a hearing and make a disposition under section 201 in respect of the accused person if it is satisfied that it can readily do so and that a disposition should be made without delay. Order for assessment (3) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under subsection (2) or under section 202, the court martial may make an order for an assessment of the accused person. R.S., 1985, c. N-5, s. 200; 1991, c. 43, s. 18; 2005, c. 22, s. 61(F). Disposition 201 (1) When a court martial makes a disposition by virtue of subsection 200(2), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances: (a) by order, direct that the accused person be released from custody subject to such conditions as the court martial considers appropriate; or (b) by order, direct that the accused person be detained in custody in a hospital or other appropriate place determined by the court martial, subject to such conditions as the court martial considers appropriate. Treatment not a condition (2) No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person. R.S., 1985, c. N-5, s. 201; 1991, c. 43, s. 18; 1997, c. 18, s. 130; 2014, c. 6, s. 22. Treatment disposition 202 (1) Where the finding on trial of the issue is that an accused person is unfit to stand trial and the court martial has not made a disposition under section 201, the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Section 202 court martial may, on application by the prosecutor, by order, direct that treatment of the accused person be carried out for a specified period not exceeding sixty days, subject to such conditions as the court martial considers appropriate, and, where the accused person is not detained in custody, direct that the accused person submit to that treatment by the person or at the place specified in the order. Condition (2) No disposition may be made under this section unless the court martial is satisfied, on the basis of evidence described in subsection (3), that a specific treatment should be administered to the accused person for the purpose of making the accused person fit to stand trial. Evidence required (3) The evidence required by a court martial for the purposes of subsection (2) shall be a statement by a medical practitioner that the practitioner has made an assessment of the accused person and is of the opinion, based on the grounds specified, that (a) the accused person, at the time of the assessment, was unfit to stand trial; (b) the psychiatric treatment and any other related medical treatment specified by the practitioner will likely render the accused person fit to stand trial within a period not exceeding sixty days and that without that treatment the accused person is likely to remain unfit to stand trial; (c) the risk of harm to the accused person from the psychiatric and other related medical treatment specified is not disproportionate to the benefit anticipated to be derived from it; and (d) the psychiatric and other related medical treatment specified is the least restrictive and least intrusive treatment that could, in the circumstances, be specified for the purpose referred to in subsection (2), taking into consideration the opinions stated in paragraphs (b) and (c). Notice (3.1) A court martial shall not make a disposition under this section unless the prosecutor notifies the accused, in writing and as soon as practicable, of the application. Challenge by accused person (4) On receipt of the notice referred to in subsection (3.1), an accused person may challenge an application of the prosecutor under this section, and may adduce any evidence for that purpose. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 202-202.1 Exception (5) A court martial shall not direct, and no direction given pursuant to a disposition made under this section shall include, the performance of psychosurgery or electro-convulsive therapy or any other prohibited treatment prescribed in regulations. Definitions (6) In subsection (5), electro-convulsive therapy and psychosurgery have the meaning assigned by the regulations. Consent of hospital required for treatment (7) A court martial shall not make a disposition under this section without the consent of the person in charge of the hospital or place where the accused person is to be treated or of the person to whom responsibility for the treatment of the accused person is assigned by the court martial. Consent of accused person not required for treatment (8) A court martial may direct that treatment of an accused person be carried out pursuant to a disposition made under this section without the consent of the accused person or a person who, according to the laws of the jurisdiction where the disposition is made, is authorized to consent for the accused person. R.S., 1985, c. N-5, s. 202; 1991, c. 43, s. 18; 1997, c. 18, s. 131. Where Review Board or chairperson sends accused back to court martial 202.1 (1) Where a Review Board or the chairperson of a Review Board, in exercising a power under section 202.25, orders that the accused person be sent back to a court martial for trial of the issue of whether the accused person is fit to stand trial, the Review Board or chairperson shall, immediately after making the order, cause a copy of it to be sent to the Chief Military Judge. Convening court martial (2) On receipt of a copy of the order, the Chief Military Judge shall cause the Court Martial Administrator to convene a court martial to try the issue and make a finding of whether the accused person is fit to stand trial and, where the court martial finds the accused person fit, to try the accused person as if the issue had never arisen. Custody in hospital (3) Notwithstanding the opinion of a Review Board or the chairperson of a Review Board that an accused person is fit to stand trial, the Chief Military Judge or a Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 202.1-202.12 military judge assigned by the Chief Military Judge may, on application, order the accused person to be detained in custody in a hospital or other appropriate place until a court martial makes a finding under subsection (2) if satisfied that there are reasonable grounds to believe that the accused person will become unfit to stand trial unless so detained. Burden and standard of proof (4) In proceedings directed pursuant to subsection (2), the burden of proof that the accused person has subsequently become fit to stand trial is on the party who asserts it, and is discharged by proof on the balance of probabilities. 1991, c. 43, s. 18; 1998, c. 35, s. 49. Accused person to remain in hospital 202.11 Notwithstanding a finding that the accused person is fit to stand trial, the court martial may order an accused person to continue to be detained in custody in a hospital or other appropriate place until the completion of the trial, where the court martial has reasonable grounds to believe that the accused person will become unfit to stand trial unless so detained. 1991, c. 43, s. 18. Prima facie case 202.12 (1) If a finding of unfit to stand trial is made by a court martial in respect of an accused person, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to hold an inquiry and determine whether sufficient admissible evidence can be adduced at that time to put the accused person on trial (a) not later than two years after that finding and every two years thereafter until the accused person is tried or found not guilty in respect of the offence; or (b) at any other time that the Chief Military Judge may order, where the Chief Military Judge is satisfied on the basis of an application and any other written material submitted by the accused person that there is reason to doubt that there is a prima facie case against the accused person. Extension of time for holding inquiry (1.1) Despite paragraph (1)(a), the Chief Military Judge may extend the period for holding an inquiry if he or she is satisfied on the basis of an application by the Director of Military Prosecutions or the accused person that the extension is necessary for the proper administration of military justice. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 202.12-202.121 Where prima facie case not made (2) If, on the completion of an inquiry held pursuant to this section, the court martial is satisfied that sufficient admissible evidence cannot be adduced to put the accused person on trial, the court martial shall find the accused person not guilty of the charge. 1991, c. 43, s. 18; 1993, c. 34, s. 94(F); 1997, c. 18, s. 132; 1998, c. 35, s. 50; 2005, c. 22, ss. 48, 61(F); 2008, c. 29, s. 18; 2013, c. 24, s. 57. Recommendation of Review Board 202.121 (1) The Review Board may, of its own motion, make a recommendation to the Chief Military Judge to cause a court martial to be convened for holding an inquiry to determine whether a stay of proceedings should be ordered in respect of an accused person found unfit to stand trial if (a) the Review Board has held a hearing under section 672.81 or 672.82 of the Criminal Code in respect of the accused person; and (b) on the basis of any relevant information, including disposition information within the meaning of the regulations and an assessment report made under an assessment ordered by the Review Board under paragraph 672.121(a) of the Criminal Code, the Review Board is of the opinion that (i) the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial, and (ii) the accused person does not pose a significant threat to the safety of the public. Notice (2) If the Review Board makes a recommendation referred to in subsection (1), the Review Board shall provide notice to the accused person, the Director of Military Prosecutions, the Chief Military Judge and any other party who, in the opinion of the Review Board, has a substantial interest in protecting the interests of the accused person. Obligation of court martial (3) As soon as practicable after receiving the notice referred to in subsection (2), the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial for the purpose of determining whether an inquiry should be held to determine whether a stay of proceedings should be ordered and to hold, as soon as practicable, the inquiry if the court martial determines that it is appropriate. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Section 202.121 Inquiry may be conducted (4) Subject to the regulations, a court martial having jurisdiction over an accused person may, of its own motion, conduct an inquiry to determine whether a stay of proceedings should be ordered if the court martial is of the opinion, on the basis of any relevant information, that (a) the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial; and (b) the accused person does not pose a significant threat to the safety of the public. Power to order an assessment (5) Subject to the regulations, if a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether a stay of proceedings should be ordered, the court martial may make an order for an assessment of the accused person. Assessment order (6) If the court martial holds an inquiry under subsection (3) or (4), it shall order an assessment of the accused person. Stay (7) The court martial may, on completion of an inquiry under this section, order a stay of proceedings if it is satisfied (a) on the basis of clear information, that the accused person remains unfit to stand trial and is not likely to ever become fit to stand trial; (b) that the accused does not pose a significant threat to the safety of the public; and (c) that a stay is in the interests of the proper administration of military justice. Proper administration of military justice (8) To determine whether a stay of proceedings is in the interests of the proper administration of military justice, the court martial shall consider any submissions of the prosecutor, the accused person and all other parties and the following factors: (a) the nature and seriousness of the alleged offence; (b) the salutary and deleterious effects of the order for a stay of proceedings, including the effect on public confidence in the administration of military justice; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Fitness to Stand Trial Sections 202.121-202.13 (c) the time that has elapsed since the commission of the alleged offence and whether an inquiry has been held under section 202.12 to decide whether sufficient evidence can be adduced to put the accused person on trial; and (d) any other factor that the court martial considers relevant. Effect of stay (9) If a stay of proceedings is ordered by the court martial, any disposition made in respect of the accused person ceases to have effect. If a stay of proceedings is not ordered, the finding of unfit to stand trial and any disposition made in respect of the accused person remain in force, until the Review Board holds a disposition hearing and makes a disposition in respect of the accused person, in exercising a power under section 672.83 of the Criminal Code. 2005, c. 22, s. 49; 2008, c. 29, s. 19; 2013, c. 24, s. 58; 2014, c. 6, s. 23(F). Mental Disorder When Offence Committed Defence of mental disorder 202.13 (1) No accused person shall be held responsible under this Act for a service offence in respect of an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. Presumption (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. Burden of proof (3) The burden of proof that an accused person was suffering from a mental disorder so as to be exempt from responsibility is on the party raising the issue. Assessment order (4) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining whether the accused person was, at Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Mental Disorder When Offence Committed Sections 202.13-202.14 the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from responsibility, the court martial may make an order for an assessment of the accused person. 1991, c. 43, s. 18. Finding of not responsible on account of mental disorder 202.14 (1) If a court martial finds that an accused person committed the act or made the omission that forms the basis of the offence charged but was suffering at the time from a mental disorder so as to be exempt from responsibility, the court martial shall make a finding that the accused person committed the act or made the omission but is not responsible on account of mental disorder. Effects (2) Where a finding of not responsible on account of mental disorder is made, the accused person shall not be found guilty or convicted of the offence, but (a) the accused person may not be tried or tried again in respect of that offence or any other substantially similar offence arising out of the facts that gave rise to that offence; (b) any civil court may take into account the finding in considering any application for judicial interim release or in considering the dispositions to make or sentence to impose against that person for any other offence; (c) any court martial or the Court Martial Appeal Court may consider the finding in considering an application for release pending appeal under Division 10 or in considering the dispositions to make or sentence to impose against that person for any other offence; (d) [Repealed, 1998, c. 35, s. 51] (e) the finding may be considered in making an order under Division 3 in respect of that person; (f) [Repealed, 2019, c. 15, s. 33] (g) the finding does not include a finding or determination respecting civil liability; and (h) the Parole Board of Canada or any provincial parole board may take the finding into account in considering an application by that person for parole or for a record suspension under the Criminal Records Act in respect of any other offence. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Mental Disorder When Offence Committed Sections 202.14-202.16 Finding not previous conviction (3) A finding of not responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act for which a greater punishment is prescribed by reason of previous convictions. 1991, c. 43, s. 18; 1998, c. 35, s. 51; 2005, c. 25, s. 30; 2007, c. 5, s. 3; 2012, c. 1, ss. 152, 160; 2019, c. 15, s. 33; 2019, c. 15, s. 46. Disposition hearing 202.15 (1) Where a court martial makes a finding of not responsible on account of mental disorder in respect of an accused person, the court martial shall hold a hearing and make a disposition under section 202.16, where the court martial is satisfied that it can readily make a disposition in respect of the accused person and that a disposition should be made without delay. Assessment order (2) Subject to regulations, where a court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under this section, the court martial may make an order for an assessment of the accused person. 1991, c. 43, s. 18; 2005, c. 22, s. 61(F). Disposition 202.16 (1) When a court martial makes a disposition by virtue of subsection 202.15(1), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances: (a) by order, direct that the accused person be released from custody without conditions if, in the opinion of the court martial, the accused person is not a significant threat to the safety of the public; (b) by order, direct that the accused person be released from custody subject to such conditions as the court martial considers appropriate; or (c) by order, direct that the accused person be detained in custody in a hospital or other appropriate place determined by the court martial, subject to such conditions as the court martial considers appropriate. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Mental Disorder When Offence Committed Sections 202.16-202.161 Treatment not a condition (2) No order made under subsection (1) shall direct that any psychiatric or other treatment of the accused person be carried out or direct that the accused person submit to such treatment, except that the order may include a condition regarding psychiatric or other treatment where the accused person has consented to the condition and the court martial considers the condition to be reasonable and necessary in the interests of the accused person. 1991, c. 43, s. 18; 1997, c. 18, s. 133; 2014, c. 6, s. 24. High-Risk Accused Application to court martial 202.161 (1) If a court martial makes a finding under subsection 202.14(1) that an accused person is not responsible on account of mental disorder and it has not terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make an application to the court martial for a finding that the accused person is a high-risk accused. Application to Chief Military Judge (2) If the court martial has terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make the application to the Chief Military Judge. On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial. Restriction (3) No application shall be made under subsection (1) or (2) if a disposition has been made to release the accused person from custody without conditions or to discharge the accused person absolutely. Finding (4) The court martial referred to in subsection (1) or (2) may, at the conclusion of a hearing, find the accused person to be a high-risk accused if the accused person has been found not responsible on account of mental disorder for a serious personal injury offence, the accused person was 18 years of age or more at the time of the commission of the offence and (a) the court martial is satisfied that there is a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person; or (b) the court martial is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder High-Risk Accused Sections 202.161-202.162 (5) [Repealed, 2019, c. 15, s. 64] Factors to consider (6) In deciding whether to find that the accused person is a high-risk accused, the court martial shall consider all relevant evidence, including (a) the nature and circumstances of the offence; (b) any pattern of repetitive behaviour of which the offence forms a part; (c) the accused person’s current mental condition; (d) the past and expected course of the accused person’s treatment, including the accused person’s willingness to follow treatment; and (e) the opinions of experts who have examined the accused person. Detention of high-risk accused person (7) If the court martial finds the accused person to be a high-risk accused, the court martial shall make a disposition under paragraph 202.16(1)(c), but the accused person’s detention must not be subject to any condition that would permit the accused person to be absent from the hospital or other appropriate place unless (a) it is appropriate, in the opinion of the person in charge of the hospital or other appropriate place, for the accused person to be absent from the hospital or place for medical reasons or for any purpose that is necessary for the accused person’s treatment, if the accused person is escorted by a person who is authorized by the person in charge of the hospital or place; and (b) a structured plan has been prepared to address any risk related to the accused person’s absence and, as a result, that absence will not present an undue risk to the public. Assessment order (8) Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under this section, the court martial may make an order for an assessment of the accused person. 2014, c. 6, s. 25; 2019, c. 15, s. 64. Referral to court martial for review 202.162 (1) If a Review Board, in exercising a power under section 202.25, decides to refer to a court martial for review under subsection 672.84(1) of the Criminal Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder High-Risk Accused Sections 202.162-202.17 Code a finding that an accused person is a high-risk accused, the Review Board shall, immediately after making the decision, cause a copy of it to be sent to the Chief Military Judge. Convening court martial (2) On receipt of a copy of the decision, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to review the finding. Review of finding by court martial (3) The court martial shall, at the conclusion of a hearing, revoke the finding if the court martial is satisfied that there is not a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person, in which case sections 202.15 and 202.21 apply as if the court martial has made a finding of not responsible on account of mental disorder. Finding not revoked (4) If the court martial does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. Assessment order (5) Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of the accused person is necessary for the purpose of determining whether to revoke the finding, the court martial may make an order for an assessment of the accused person. 2014, c. 6, s. 25. General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Conditions for custody 202.17 (1) An accused person shall not be placed in custody under an assessment order made by a court martial under this Division unless (a) the court martial is satisfied that on the evidence custody is necessary to assess the accused person, or that on the evidence of a medical practitioner custody is desirable to assess the accused person and the accused person consents to custody; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.17-202.18 (b) custody of the accused person is required in respect of any other matter or by virtue of any other provision of this Act or the Criminal Code; or (c) the prosecutor, having been given a reasonable opportunity to do so, shows that the detention of the accused person in custody is justified having regard to all the circumstances, including those set out in paragraphs 158(1)(a) to (e). Report of medical practitioner in writing (2) For the purposes of subparagraph (1)(a), where the prosecutor and the accused person agree, the evidence of a medical practitioner may be in the form of a report in writing. No treatment order on assessment (3) No assessment order made under this Division shall direct that any psychiatric or other treatment of an accused person be carried out or direct that the accused person submit to such treatment. 1991, c. 43, s. 18; 1998, c. 35, ss. 52(E), 92; 2005, c. 22, s. 50. No custody or release orders during assessment 202.18 (1) During the period that an assessment order made by a court martial under this Division is in force, no order may be made for custody or release from custody of the accused person under any provision of Division 3 or for release from detention or imprisonment under any provision of Division 10 in respect of that offence or an included offence. Variation of assessment order (2) Subject to subsection 202.17(1), a court martial may, at any time while an assessment order made by the court martial under this Division is in force, if it is established to the satisfaction of the court martial on a balance of probabilities that it is necessary to do so, vary the terms and conditions respecting the custody or release from custody of the accused person specified in the order in such manner as the court martial considers appropriate in the circumstances. 1991, c. 43, s. 18; 1998, c. 35, ss. 53, 92; 2005, c. 22, s. 51. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.19-202.201 Assessment report 202.19 (1) An assessment order made by a court martial under this Division may require the person who makes the assessment to submit in writing an assessment report on the mental condition of the accused person. Assessment report to be filed with court (2) An assessment report shall be filed with the court martial that ordered it at the place and within the period specified by the court martial. Distribution of assessment report (3) Subject to regulations, where an assessment report is filed pursuant to subsection (2), the court martial shall cause copies of it to be sent to the prosecutor, the accused person and any counsel representing the accused person. Assessment report part of record (4) Subject to regulations, an assessment report shall form part of the record of the proceedings in respect of which it was prepared. 1991, c. 43, s. 18; 2005, c. 22, s. 52. Effective date of disposition 202.2 A disposition made in respect of an accused person under section 201, 202 or 202.16 shall come into force on the day that it is made or on any later day that the court martial specifies in it, and shall remain in force until the Review Board of the appropriate province holds a hearing and makes a disposition under section 672.83 of the Criminal Code. 1991, c. 43, s. 18; 2005, c. 22, s. 53. Procedure at disposition hearing 202.201 (1) A hearing by a court martial to make or review a disposition in respect of an accused person shall be held in accordance with this section and the regulations. Hearing to be informal (2) The hearing may be conducted in as informal a manner as is appropriate in the circumstances. Interested person may be party (3) The court martial may designate as a party any person who has a substantial interest in protecting the accused person’s interests, if the court martial is of the opinion that it is just to do so. Notice of hearing — parties (4) The court martial shall give notice of the hearing to the parties. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Section 202.201 Notice of hearing — victim (5) The court martial shall, at the request of a victim of the offence, give the victim notice of the hearing and of the relevant provisions of this Act. Notice of release from custody and intended place of residence (6) If the accused person is released from custody without conditions under paragraph 202.16(1)(a) or with conditions under paragraph 201(1)(a) or 202.16(1)(b), a notice of the release and the accused person’s intended place of residence shall, at the victim’s request, be given to the victim within the time and in the manner fixed by regulations. Order excluding public (7) If the court martial considers it to be in the accused person’s best interests and not contrary to the public interest, it may order the public or any members of the public to be excluded from the hearing or any part of it. Right to counsel (8) The accused person or any other party has the right to be represented by counsel. Assigning counsel (9) A court martial shall, either before or at the time of the hearing of an accused person who is not represented by counsel, direct that counsel be provided by the Director of Defence Counsel Services if the accused person has been found unfit to stand trial or the interests of military justice require that counsel be provided. Right of accused person to be present (10) Subject to subsection (11), the accused person has the right to be present during the entire hearing. Removal or absence of accused person (11) The court martial may permit the accused person to be absent during the entire hearing or any part of it on any conditions that the court martial considers appropriate. The court martial may also cause the accused person to be removed and barred from re-entry for the entire hearing or any part of it for any of the following reasons: (a) the accused person is interrupting the hearing and it is not feasible to continue it in the accused person’s presence; (b) the court martial is satisfied that the accused person’s presence would likely endanger the life or safety of another person or would seriously impair the treatment or recovery of the accused person; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Section 202.201 (c) the court martial is satisfied that the accused person should not be present for the hearing of evidence, oral or written submissions, or the cross-examination of any witness respecting the existence of grounds for removing the accused person under paragraph (b). Rights of parties at hearing (12) Any party may adduce evidence, make oral or written submissions, call witnesses and cross-examine any witness called by any other party and, on application, cross-examine any person who made an assessment report that was submitted in writing to the court martial. Witnesses (13) A party may not compel the attendance of witnesses, but may request the court martial to do so. Video links (14) If the accused person agrees, the court martial may permit them to appear by closed-circuit television or any other means that allows the court martial and the accused person to engage in simultaneous visual and oral communication, for any part of the hearing, so long as the accused person is given the opportunity to communicate privately with counsel if they are represented by counsel. Determination of mental condition of accused person (15) A court martial that reviews a disposition shall, on receipt of an assessment report, determine if there has been any change in the accused person’s mental condition since the disposition was made or last reviewed that may provide grounds for the accused person’s release from custody under section 202.16. If the court martial determines that there has been such a change, it shall notify every victim of the offence that they may prepare a statement. Victim impact statement (16) For the purpose of making or reviewing a disposition in respect of an accused person, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim. Procedure (17) A victim’s statement must be prepared in the form, and filed in accordance with the procedures, provided for by regulations made by the Governor in Council. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.201-202.202 Presentation of victim statement (18) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to read their statement or to present the statement in any other manner that the court martial considers appropriate. Consideration by court martial (19) Whether or not a statement has been prepared and filed, the court martial may consider any other evidence concerning any victim of the offence for the purpose of making or reviewing the disposition. Copy of statement (20) The Court Martial Administrator shall, as soon as feasible after receiving a victim’s statement, ensure that a copy is provided to the prosecutor and to the accused person or their counsel. Inquiry by court martial (21) As soon as feasible after a finding of not responsible on account of mental disorder is made and before making a disposition, the court martial shall inquire of the prosecutor or a victim of the offence, or any person representing a victim of the offence, whether the victim has been advised that they may prepare a statement. Adjournment (22) On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the hearing to permit a victim to prepare a statement or to present evidence referred to in subsection (19) if it is satisfied that the adjournment would not interfere with the proper administration of military justice. (23) [Repealed, 2019, c. 15, s. 65] 2013, c. 24, s. 59; 2014, c. 6, ss. 26, 32; 2019, c. 15, s. 65. Additional conditions — safety and security 202.202 If a court martial holds a hearing referred to in section 202.201, the court martial shall consider whether it is desirable, in the interests of the safety and security of any person, particularly a victim of or witness to the offence or a justice system participant, to include as a condition of the disposition that the accused (a) abstain from communicating, directly or indirectly, with any victim, witness or other person identified in the disposition, or refrain from going to any place specified in the disposition; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.202-202.21 (b) comply with any other condition specified in the disposition that the court martial considers necessary to ensure the safety and security of those persons. 2014, c. 6, ss. 26, 32. Status quo pending Review Board’s hearing 202.21 (1) Where a court martial makes a finding of unfit to stand trial or not responsible on account of mental disorder in respect of an accused person and does not make a disposition in respect of the accused person under section 201, 202 or 202.16, any order or direction for the custody or release from custody of the accused person that is in force at the time the finding is made continues in force, subject to its terms, until a disposition in respect of the accused person is made by the Review Board. Variation of order (2) Notwithstanding subsection (1), a court martial may, on cause being shown, cancel any order or direction referred to in subsection (1) and make any other order or direction for the custody or release from custody of the accused person that the court martial considers to be appropriate in the circumstances, including an order directing that the accused person be detained in custody in a hospital or other appropriate place pending a disposition in respect of the accused person made by the Review Board. Subsequent court martial order takes precedence (3) Pending a disposition by the Review Board, where a court martial (a) makes a disposition under paragraph 201(1)(b) or 202.16(1)(c) in respect of an accused person, that disposition takes precedence over any prior sentence of imprisonment or detention of the accused person; or (b) imposes a sentence of imprisonment or detention on the accused person, that sentence takes precedence over any prior disposition made under paragraph 201(1)(b) or 202.16(1)(c). Disposition takes precedence over probation order (4) Where a disposition is made under paragraph 201(1)(b) or 202.16(1)(c) and the accused person is convicted or discharged conditionally under the Criminal Code by a civil court in respect of another offence but is not sentenced to a term of imprisonment in respect of that other offence, the disposition shall come into force and, notwithstanding any provision of the Criminal Code, takes precedence over any probation order made in respect of the offence. 1991, c. 43, s. 18; 2005, c. 22, s. 54. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.22-202.23 Procedural irregularities 202.22 (1) Any procedural irregularity in relation to a hearing held by a court martial or Review Board does not affect the validity of the proceedings unless the accused person suffers substantial prejudice thereby. Reasons for disposition and copies to be provided (2) After making a disposition in respect of an accused person under section 201, 202 or 202.16, a court martial shall state its reasons for making the disposition in the record of the proceedings, and shall provide or cause to be provided to the accused person, the prosecutor and the person in charge of the hospital or other appropriate place where the accused person is detained in custody or is to attend pursuant to the disposition a copy of the disposition and those reasons. Transmittal of transcript to Review Board (3) If a court martial holds a hearing under subsection 200(2) or 202.15(1), whether or not it makes a disposition, it shall send without delay to the Review Board of the appropriate province, in original or copied form, a transcript of the hearing, any document or information relating to the hearing and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. Transmittal of transcript to Review Board (3.1) If the court martial does not hold a hearing referred to in subsection (3), it shall send without delay to the Review Board of the appropriate province, following a verdict of unfit to stand trial or not responsible on account of mental disorder, in original or copied form, any transcript of the proceedings in respect of the accused, any document or information relating to the proceedings and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession. Order of committal (4) Where a court martial makes a disposition in respect of an accused person under section 201 or 202.16 directing that the accused person be placed and detained in custody in a hospital or other appropriate place, a committing authority referred to in subsection 219(1) shall issue a committal order in such form as is prescribed by regulation. 1991, c. 43, s. 18; 2005, c. 22, ss. 55, 61(F). Definition of justice 202.23 (1) In this section, justice means a justice as defined in section 2 of the Criminal Code. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Section 202.23 Arrest without warrant for contravention of disposition (2) A member of the military police or any other peace officer within the meaning of the Criminal Code may arrest an accused person without a warrant if he or she has reasonable grounds to believe that the accused person (a) is at large contrary to the terms of a disposition made by a court martial under section 201, 202 or 202.16 or by a Review Board; or (b) has contravened or wilfully failed to comply with the disposition or any condition of a disposition or assessment order, or is about to do so. Accused person released subject to conditions (2.1) The member of the military police or other peace officer who makes an arrest under subsection (2) may release an accused person arrested under that subsection who is subject to a disposition made by a court martial under paragraph 201(1)(a) or 202.16(1)(b), a disposition made by a Review Board under paragraph 672.54(b) of the Criminal Code or an assessment order and deliver the accused person to the place specified in the disposition or assessment order. Continued detention (2.2) The member of the military police or other peace officer shall not release the accused person if he or she has reasonable grounds to believe (a) that it is necessary in the public interest that the accused person be detained in custody having regard to all the circumstances, including the need to (i) establish the identity of the accused person, (ii) establish the terms and conditions of the disposition or assessment order referred to in subsection (2.1), (iii) prevent the commission of an offence, or (iv) prevent the accused person from doing anything referred to in paragraph (2)(a) or (b); or (b) that the accused person is subject to a disposition or an assessment order of a Review Board of another province. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Section 202.23 Accused person brought before justice or commanding officer (2.3) An accused person referred to in subsection (2.1) who is not released or an accused person arrested under subsection (2) who is subject to a disposition of a court martial made under paragraph 201(1)(b), subsection 202(1) or paragraph 202.16(1)(c) or a disposition of a Review Board made under paragraph 672.54(c) of the Criminal Code shall be taken to a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer without unreasonable delay and in any event within a period of twenty-four hours after the arrest. Justice or commanding officer not available (3) If a justice having jurisdiction in the territorial division in which the accused person is arrested or a commanding officer is not available within a period of twenty-four hours after the arrest, the accused person shall be taken before a justice or commanding officer as soon as practicable. Release of accused person (3.1) A justice or commanding officer shall release an accused who is brought before them unless they are satisfied that there are reasonable grounds to believe that the circumstances referred to in paragraph (2)(a) or (b) exist. Notice (3.2) If the justice or commanding officer releases the accused, notice shall be given to the Review Board that made the disposition or to the court martial or Review Board that made the assessment order. Order pending decision of Review Board (4) If a justice or commanding officer before whom an accused person is taken is satisfied that there are reasonable grounds to believe that the circumstances referred to in paragraph (2)(a) or (b) exist, the justice or commanding officer may, pending a hearing of a Review Board with respect to the disposition or a hearing of a court martial or Review Board with respect to the assessment order, make an order that is appropriate in the circumstances in relation to the accused person, including an order that the accused person be delivered to a place that is specified in the disposition or assessment order. If the justice or commanding officer makes an order under this subsection, notice shall be given to the Review Board that made the disposition or to the court martial or Review Board that made the assessment order. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder General Provisions Respecting Assessment Orders, Dispositions and Assessment Reports Sections 202.23-202.24 Powers of Review Board (5) Where a Review Board receives a notice pursuant to subsection (4), it may exercise the powers and shall perform the duties referred to in the Criminal Code in respect of the accused person as if the Review Board were conducting a review of a disposition. 1991, c. 43, s. 18; 2005, c. 22, ss. 56, 61(F); 2013, c. 24, s. 60. Protected Statements Definition of protected statement 202.24 (1) In this section, protected statement means a statement made by the accused person, during the course and for the purposes of an assessment ordered under this Division or treatment directed by a disposition made under section 202, to the person specified in the assessment order or the disposition, or to anyone acting under that person’s direction. Protected statements not admissible against accused (2) No protected statement or reference to a protected statement made by an accused person is admissible in evidence, without the consent of the accused person, in any proceeding before a court, court martial, tribunal, body or person with jurisdiction to compel the production of evidence. Exceptions (3) Notwithstanding subsection (2), evidence of a protected statement is admissible for the purpose of (a) determining whether the accused person is unfit to stand trial; (b) making a disposition or placement decision respecting the accused person; (c) determining under subsection 202.162(3) whether to revoke a finding that an accused person is a highrisk accused; (d) determining whether the balance of the mind of the accused person was disturbed at the time of commission of the alleged offence, where the accused person is a female charged with an offence arising out of the death of her newly-born child; (e) determining whether the accused person was, at the time of the commission of an alleged offence, suffering from automatism or a mental disorder so as to be exempt from responsibility by virtue of subsection 202.13(1), if the accused person puts his or her mental capacity to form the requisite intent into issue or if the prosecutor raises the issue after a finding is made of not responsible on account of mental disorder; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Protected Statements Sections 202.24-202.25 (f) challenging the credibility of an accused person in any proceeding where the testimony of the accused person is inconsistent in a material particular with a protected statement that the accused person made previously; or (g) establishing the perjury of an accused person who is charged with perjury in respect of a statement made in any proceeding. 1991, c. 43, s. 18; 1998, c. 35, s. 92; 2005, c. 22, s. 57; 2014, c. 6, s. 27. Provisions of Criminal Code Applicable Powers of Review Board 202.25 (1) Review Boards and their chairpersons may exercise the powers and shall perform the duties assigned to them under the Criminal Code, with any modifications that the circumstances require and unless the context otherwise requires, in relation to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and in relation to dispositions made under section 201 or 202.16 or subsection 202.161(4), except for the powers and duties referred to in subsections 672.5(8.1) and (8.2) and sections 672.851 and 672.86 to 672.89 of the Criminal Code. Application (1.1) For the application of subsection (1), a reference to the attorney general of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions. References to Attorney General (1.1) For the purpose of subsection (1), a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of the Criminal Code shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 28] References to Attorney General (1.1) For the purpose of subsection (1), a reference to the Attorney General of a province in which a hearing is held under subsection 672.5(3) of the Criminal Code and a reference to the Attorney General in subsections 672.81(1.1) and (1.31) of that Act shall be read as a reference to the Director of Military Prosecutions. [2014, c. 6, s. 32] Application of paragraph 672.121(a) of Criminal Code (2) For the purpose of subsection (1), the reference to subsection 672.851(1) of the Criminal Code in paragraph Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7 Mental Disorder Provisions of Criminal Code Applicable Sections 202.25-203.1 672.121(a) of that Act shall be read as a reference to subsection 202.121(1) of this Act. 1991, c. 43, s. 18; 2005, c. 22, s. 58; 2013, c. 24, s. 61; 2014, c. 6, s. 28; 2014, c. 6, s. 32. Application of ss. 672.67 to 672.71 of Criminal Code to findings 202.26 Sections 672.67 to 672.71 of the Criminal Code apply, with any modifications that the circumstances require, to findings made by courts martial of unfit to stand trial or not responsible on account of mental disorder, and a reference in any of those sections to a Review Board is deemed to be a reference to the Review Board of the appropriate province. 1991, c. 43, s. 18; 1998, c. 35, s. 54; 2005, c. 22, s. 58. DIVISION 7.1 Sentencing 203 [Repealed, 2019, c. 15, s. 65] Purpose and Principles of Sentencing by Courts Martial Fundamental purpose of sentencing 203.1 (1) The fundamental purpose of sentencing is to maintain the discipline, efficiency and morale of the Canadian Forces. Objectives (2) The fundamental purpose of sentencing is to be achieved by imposing just punishments that have one or more of the following objectives: (a) to promote a habit of obedience to lawful commands and orders; (b) to maintain public trust in the Canadian Forces as a disciplined armed force; (c) to denounce unlawful conduct and the harm done to victims or to the community that is caused by unlawful conduct; (d) to deter offenders and other persons from committing offences; (e) to assist in rehabilitating offenders; (f) to assist in reintegrating offenders into military service; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Purpose and Principles of Sentencing by Courts Martial Sections 203.1-203.3 (g) to separate offenders, if necessary, from other officers or non-commissioned members or from society generally; (h) to provide reparations for harm done to victims or to the community; and (i) to promote a sense of responsibility in offenders and an acknowledgment of the harm done to victims or to the community. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Fundamental principle of sentencing 203.2 A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. 2013, c. 24, s. 62. Other sentencing principles 203.3 Sentences must be imposed in accordance with the following other principles: (a) a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, and aggravating circumstances include, but are not restricted to, evidence establishing that (i) the offender, in committing the offence, abused their rank or other position of trust or authority, (ii) the offence was motivated by bias, prejudice or hate based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation, or gender identity or expression, or on any other similar factor, (iii) the offender, in committing the offence, abused their spouse or common-law partner, (iv) the offender, in committing the offence, abused a person under the age of 18 years, (v) the commission of the offence resulted in substantial harm to the conduct of a military operation, (vi) the offence was committed in a theatre of hostilities, (vii) the offence was committed for the benefit of, at the direction of or in association with a criminal organization, or (viii) the offence was a terrorism offence; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Purpose and Principles of Sentencing by Courts Martial Sections 203.3-203.5 (b) a sentence should be similar to sentences imposed on similar offenders for similar offences committed in similar circumstances; (c) an offender should not be deprived of liberty by imprisonment or detention if less restrictive punishments may be appropriate in the circumstances; (c.1) all available punishments, other than imprisonment and detention, that are reasonable in the circumstances and consistent with the harm done to victims or to the community should be considered for all offenders, with particular attention to the circumstances of Aboriginal offenders; (d) a sentence should be the least severe sentence required to maintain the discipline, efficiency and morale of the Canadian Forces; and (e) any indirect consequences of the finding of guilty or the sentence should be taken into consideration. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Abuse of persons under age of 18 203.4 When a court martial imposes a sentence for an offence that involved the abuse of a person under the age of 18 years, it shall give primary consideration to the objectives of denunciation and deterrence of such conduct. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Facts Relevant to the Determination of a Sentence Disputed facts 203.5 (1) If there is a dispute with respect to any fact that is relevant to the determination of a sentence, (a) the court martial shall request that evidence be adduced as to the existence of the fact unless it is satisfied that sufficient evidence was adduced at trial; (b) subject to paragraph (c), the court martial shall be satisfied on a balance of probabilities of the existence of the disputed fact before relying on it in determining the sentence; and (c) the prosecutor shall establish, by proof beyond a reasonable doubt, the existence of any aggravating fact or any previous conviction of the accused person. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Facts Relevant to the Determination of a Sentence Sections 203.5-203.6 Panel (2) In the case of a General Court Martial, the court martial (a) shall accept as proven all facts, express or implied, that are essential to the court martial panel’s finding of guilty; and (b) may find any other relevant fact that was disclosed by evidence at the trial to be proven, or hear evidence presented by either party with respect to that fact. 2013, c. 24, s. 62. Victim Impact Statement Duty to consider victim impact statement 203.6 (1) For the purpose of determining the sentence to be imposed on an offender or whether the offender should be discharged absolutely in respect of any offence, a court martial shall consider the statement of any victim of the offence describing the physical or emotional harm done to, or property damage or economic loss suffered by, the victim as a result of the commission of the offence and the impact of the offence on the victim. Filing of statement (2) The victim’s statement must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) Unless the court martial considers that it would not be in the best interests of the administration of military justice, the court martial shall, at the victim’s request, permit the victim to present the statement by (a) reading it; (b) reading it in the presence and close proximity of any support person of the victim’s choice; (c) subject to subsection 203.7(4), reading it outside the courtroom or behind a screen or other device that would allow the victim not to see the offender; or (d) presenting it in any other manner that the court martial considers appropriate. Evidence concerning victim admissible (4) Whether or not a statement has been prepared and filed in accordance with this section, the court martial may consider any other evidence concerning any victim Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Victim Impact Statement Sections 203.6-203.7 of the offence for the purpose of determining the sentence to be imposed on the offender or determining whether the offender should be discharged absolutely. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Inquiry by court martial 203.7 (1) As soon as feasible after a finding of guilt and in any event before imposing sentence, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victim with an opportunity to prepare a statement referred to in subsection 203.6(1). Adjournment (2) On application of the prosecutor or a victim or on its own motion, the court martial may adjourn the proceedings to permit a victim to prepare a statement or to present evidence in accordance with subsection 203.6(4), if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. Photograph (3) During the presentation (a) the victim may have with them a photograph of themselves taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings; or (b) if the statement is presented by an individual acting on the victim’s behalf, that individual may have with them a photograph of the victim taken before the commission of the offence if it would not, in the opinion of the court martial, disrupt the proceedings. Conditions of exclusion (4) The victim shall not present the statement outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation. Consideration of statement (5) In considering the statement, the court martial shall take into account the portions of the statement that it considers relevant to the determination referred to in subsection 203.6(1) and disregard any other portion. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Military Impact Statement Sections 203.71-203.72 Military Impact Statement Military impact statement 203.71 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made on the behalf of the Canadian Forces describing the harm done to discipline, efficiency or morale as a result of the commission of the offence and the impact of the offence on discipline, efficiency or morale. Filing of statement (2) The statement must be prepared by an officer or noncommissioned member who is authorized to do so by regulations made by the Governor in Council and it must be filed in accordance with regulations made by the Governor in Council. Presentation of statement (3) The court martial shall, at the request of the person who made the statement, permit the person to present the statement by reading it or by presenting it in any other manner that the court martial considers appropriate. Copy of statement (4) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender. 2019, c. 15, s. 63. Community Impact Statement Community impact statement 203.72 (1) When determining the sentence to be imposed on an offender or determining whether the offender should be discharged absolutely in respect of any service offence, the court martial shall consider any statement made by an individual on a community’s behalf, describing the harm or loss suffered by the community as a result of the commission of the offence and the impact of the offence on the community. Filing of statement (2) The statement must be filed in accordance with regulations made by the Governor in Council. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Community Impact Statement Sections 203.72-203.8 Presentation of statement (3) The court martial shall, at the request of the individual who made the statement, permit the individual to present the statement by (a) reading it; (b) reading it in the presence and close proximity of any support person of the individual’s choice; (c) subject to subsection (4), reading it outside the courtroom or behind a screen or other device that would allow the individual not to see the offender; or (d) presenting it in any other manner that the court martial considers appropriate. Conditions of exclusion (4) The individual making the statement shall not present it outside the courtroom unless arrangements are made for the offender and the court martial to watch the presentation by means of closed-circuit television or otherwise and the offender is permitted to communicate with counsel while watching the presentation. Copy of statement (5) The court martial shall, as soon as feasible after a finding of guilt, cause a copy of the statement to be provided to the prosecutor and to the offender or counsel for the offender. 2019, c. 15, s. 63. Absolute Discharge Absolute discharge 203.8 (1) If an accused person pleads guilty to or is found guilty of an offence, other than an offence for which a minimum punishment is prescribed by law or an offence punishable by imprisonment for 14 years or for life, the court martial before which the accused appears may, if it considers it to be in the accused person’s best interests and not contrary to the public interest, instead of convicting the accused person, direct that they be discharged absolutely. Effect of discharge (2) If a court martial directs that an offender be discharged absolutely of an offence, the offender is deemed not to have been convicted of the offence, except that (a) they may appeal from the determination of guilt as if it were a conviction in respect of the offence; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Absolute Discharge Sections 203.8-203.81 (b) the Minister may appeal from the decision not to convict the offender of the offence as if that decision were a finding of not guilty in respect of the offence; and (c) the offender may plead autrefois convict in respect of any subsequent charge relating to the offence. References to section 730 of Criminal Code (3) A reference in any Act of Parliament to a discharge under section 730 of the Criminal Code is deemed to include an absolute discharge under subsection (1). 2013, c. 24, s. 62; 2019, c. 15, s. 63. Restitution Court martial to consider restitution order 203.81 (1) A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely shall consider making a restitution order under section 203.9. Inquiry by court martial (2) As soon as feasible after a finding of guilt and in any event before imposing the sentence or directing that the offender be discharged absolutely, the court martial shall inquire of the prosecutor whether reasonable steps have been taken to provide the victims with an opportunity to indicate whether they are seeking restitution for their losses and damages, the amount of which must be readily ascertainable. Adjournment (3) On application of the prosecutor or on its own motion, the court martial may adjourn the proceedings to permit the victims to indicate whether they are seeking restitution or to establish their losses and damages, if the court martial is satisfied that the adjournment would not interfere with the proper administration of military justice. Form (4) Victims and other persons may indicate whether they are seeking restitution by completing a form prescribed in regulations made by the Governor in Council and by filing it in accordance with the procedures provided for in regulations made by the Governor in Council, and, if they Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Restitution Sections 203.81-203.9 are seeking restitution, shall establish, in the same manner, their losses and damages, the amount of which must be readily ascertainable. Reasons (5) If a victim seeks restitution and the court martial does not make a restitution order, it shall include in the court record a statement of its reasons for not doing so. 2019, c. 15, s. 63. Restitution order 203.9 A court martial that imposes a sentence on an offender or directs that an offender be discharged absolutely may, on application of the Director of Military Prosecutions or on its own motion, in addition to any other measure imposed on the offender, order that the offender make restitution to another person as follows: (a) in the case of damage to, or the loss or destruction of, the property of any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount that is not more than the replacement value of the property as of the date the order is imposed, less the value of any part of the property that is returned to that person as of the date it is returned, if the amount is readily ascertainable; (b) in the case of bodily or psychological harm to any person as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person an amount that is not more than all pecuniary damages incurred as a result of the harm, including loss of income or support, if the amount is readily ascertainable; and (c) in the case of bodily harm or threat of bodily harm to a person — who at the relevant time was the offender’s spouse, common-law partner or child or any other member of the offender’s household — as a result of the commission of the offence or the arrest or attempted arrest of the offender, by paying to the person, independently of any amount ordered to be paid under paragraphs (a) and (b), an amount that is not more than the actual and reasonable expenses incurred by that person, as a result of moving out of the offender’s household, for temporary housing, food, child care and transportation, if the amount is readily ascertainable. 2013, c. 24, s. 62. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Restitution Sections 203.901-203.93 Ability to pay 203.901 The offender’s financial means or ability to pay does not prevent the court martial from making an order under section 203.9. 2019, c. 15, s. 63. Payment under order 203.902 In making an order under section 203.9, the court martial shall require the offender to pay the full amount specified in the order by the day specified in the order, unless the court martial is of the opinion that the amount should be paid in instalments, in which case the court martial shall set out a periodic payment scheme in the order. 2019, c. 15, s. 63. More than one person 203.91 An order under section 203.9 may be made in respect of more than one person, in which case the order must specify the amount that is payable to each person. The order may also specify the order of priority in which those persons are to be paid. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Enforcing restitution order 203.92 (1) An offender who fails to pay an amount that is ordered to be paid in a restitution order by the day specified in the order or who fails to make a periodic payment required under the order is in default of the order, and the person who was to be paid the amount or to whom the periodic payment was to be made, as the case may be, may, by filing the order, enter as a judgment any amount ordered to be paid that remains unpaid under the order in any civil court that has jurisdiction to enter a judgment for that amount, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Moneys found on offender (2) All or any part of an amount that is ordered to be paid in a restitution order may be taken out of moneys found in the possession of the offender at the time of their arrest if the court martial making the order, on being satisfied that ownership of or right to possession of those moneys is not disputed by claimants other than the offender, so directs. 2013, c. 24, s. 62; 2019, c. 15, s. 63. Notice of order 203.93 A court martial that makes a restitution order shall cause notice of the content of the order, or a copy of Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 7.1 Sentencing Restitution Sections 203.93-204 the order, to be given to the person to whom the restitution is ordered to be paid. 2013, c. 24, s. 62; 2019, c. 15, s. 63(E). Civil remedy not affected 203.94 A civil remedy for an act or omission is not affected by reason only that an order of restitution has been made in respect of that act or omission. 2013, c. 24, s. 62. Passing of Sentence Only one sentence to be passed 203.95 Only one sentence shall be passed on an offender at a trial under the Code of Service Discipline and, if the offender is convicted of more than one offence, the sentence is good if any one of the offences would have justified it. 2013, c. 24, s. 62. DIVISION 8 Provisions Applicable to Imprisonment and Detention Computation of Term Commencement of term 204 (1) Subject to subsections (3) and 148(1) and sections 215 to 217, the term of a punishment of imprisonment or detention shall commence on the day on which the court martial pronounces sentence on the offender. Time counted (2) The only time that shall be reckoned toward the completion of a term of a punishment of imprisonment or detention shall be the time that the offender spends in civil custody or service custody while under the sentence in which that punishment is included. Special case (3) Where a punishment referred to in subsection (2) cannot lawfully be carried out by reason of a vessel being at sea or in a port at which there is no suitable place of incarceration, the offender shall as soon as practicable, having regard to the exigencies of the service, be sent to a place where the punishment can lawfully be carried out, and the period of time prior to the date of arrival of the offender at that place shall not be reckoned toward the completion of the term of the punishment. R.S., 1985, c. N-5, s. 204; 1998, c. 35, s. 57; 2013, c. 24, s. 63; 2019, c. 15, s. 46; 2019, c. 15, s. 63. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Service Prisons and Detention Barracks Sections 205-215 Service Prisons and Detention Barracks Service prisons and detention barracks 205 (1) Such places as are designated by the Minister for the purpose shall be service prisons and detention barracks and any hospital or other place for the reception of sick persons to which a person who is a service convict, service prisoner or service detainee has been admitted shall, in so far as relates to that person, be deemed to be part of the place to which that person has been committed. Corrective disciplinary measures for service prisons and detention barracks (2) The nature of and the manner of imposing corrective measures for breach of the regulations, orders and rules applicable in respect of service prisons and detention barracks by a person committed thereto as the result of a sentence passed on that person, and the terms and conditions of remission for good conduct of any part of a punishment involving incarceration, shall be as prescribed in regulations made by the Governor in Council. Limitations (3) Corrective measures referred to in subsection (2) shall not include whipping, paddling or any of the punishments referred to in paragraphs 139(1)(a) to (l) and shall not be so imposed as to increase the duration of any punishment involving a term of incarceration. R.S., c. N-4, s. 177. 206 to 214 [Repealed, 1998, c. 35, s. 59] Suspension of Imprisonment or Detention Suspension of execution of punishment 215 (1) If an offender is sentenced to imprisonment or detention, the execution of the punishment may be suspended by the court martial that imposes the punishment or, if the offender’s sentence is affirmed, is substituted or is imposed on appeal, by the Court Martial Appeal Court. Consideration of victim’s safety and security (1.1) If the court martial or the Court Martial Appeal Court, as the case may be, makes a decision that the execution of the punishment be suspended, it shall include in the decision a statement that it has considered the safety and security of every victim of the offence. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Suspension of Imprisonment or Detention Sections 215-215.2 Copy to victim (1.2) The court martial or the Court Martial Appeal Court, as the case may be, shall, on request by a victim of the offence, cause a copy of the decision to be given to the victim. Conditions (2) In suspending the execution of a punishment, the court martial or the Court Martial Appeal Court, as the case may be, shall impose the following conditions on the offender: (a) to keep the peace and be of good behaviour; (b) to attend any hearing under section 215.2 when ordered to do so by the appropriate person referred to in paragraph 215.2(1)(a) or (b); and (c) in the case of an offender who is not an officer or a non-commissioned member, to notify the Provost Marshal in advance of any change of name or address, and to promptly notify the Provost Marshal of any change of employment or occupation. Other conditions (3) The court martial or the Court Martial Appeal Court may, in addition to the conditions described in subsection (2), impose any reasonable conditions. R.S., 1985, c. N-5, s. 215; 1998, c. 35, s. 60; 2013, c. 24, s. 64; 2019, c. 15, s. 34; 2019, c. 15, s. 63. Varying conditions 215.1 On application by an offender, a condition imposed under subsection 215(3) or varied, added or substituted under this section or section 215.2 may be varied, or another condition may be substituted for that condition, by (a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or (b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court. 2013, c. 24, s. 64; 2019, c. 15, s. 63. Hearing into breach of conditions 215.2 (1) On application by a representative of the Canadian Forces who is a member of a class designated for that purpose by regulations made by the Governor in Council, a determination of whether an offender has breached a condition imposed under section 215 or varied, added or substituted under section 215.1 or this section may be made by Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Suspension of Imprisonment or Detention Sections 215.2-216 (a) a military judge, in the case of a condition imposed, varied, added or substituted by a court martial; or (b) a judge of the Court Martial Appeal Court, in the case of a condition imposed, varied, added or substituted by that Court. Revocation of suspension or changes to conditions (2) If a person referred to in paragraph (1)(a) or (b) determines, after giving the offender and the applicant an opportunity to make representations, that the offender has breached a condition, the person may (a) revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so; or (b) vary any conditions imposed under subsection 215(3) or varied, added or substituted under section 215.1 or this section, or add or substitute other conditions, as the person sees fit. 2013, c. 24, s. 64; 2019, c. 15, s. 63. Non-appearance of accused person 215.3 A person who orders an offender to attend for a hearing under section 215.2 may, if the offender fails to attend as ordered, issue a warrant for the offender’s arrest in the form prescribed in regulations made by the Governor in Council. 2013, c. 24, s. 64. Definition of suspending authority 216 (1) In this section and section 217, suspending authority means any authority prescribed to be a suspending authority in regulations made by the Governor in Council. Suspension of imprisonment or detention (2) A suspending authority may suspend a punishment of imprisonment or detention, whether or not the offender has already been committed to undergo that punishment, if there are imperative reasons relating to military operations or the offender’s welfare. Notification (2.1) A suspending authority that suspends a punishment shall provide written reasons for the suspension to any person prescribed in regulations made by the Governor in Council. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Suspension of Imprisonment or Detention Sections 216-217 Committal after suspension (2.2) A suspending authority may — if the reasons described in subsection (2) no longer apply or if the offender’s conduct is inconsistent with the reasons for which the punishment was suspended — revoke the suspension of a punishment and commit the offender or, if the person is not empowered to commit the offender, direct an authority so empowered to do so. Committing authority may postpone committal (3) Where an offender has been sentenced to imprisonment or detention and suspension of the punishment has been recommended, the authority empowered to commit the offender to a penitentiary, civil prison, service prison or detention barrack, as the case may be, may postpone committal until directions of a suspending authority have been obtained. Mandatory suspension of detention (4) A suspending authority shall suspend a punishment of detention in the circumstances prescribed by the Governor in Council in regulations. R.S., 1985, c. N-5, s. 216; 1998, c. 35, s. 60; 2013, c. 24, s. 65; 2019, c. 15, s. 63. Effect of suspension before committal 216.1 (1) Where a punishment is suspended before committal to undergo the punishment, the offender shall, if in custody, be discharged from custody and the term of the punishment shall not commence until the offender has been ordered to be committed to undergo that punishment. Effect of suspension after committal (2) Where a punishment is suspended after committal to undergo the punishment, the offender shall be discharged from the place in which the offender is incarcerated and the currency of the punishment shall be arrested after the day of that discharge until the offender is again ordered to be committed to undergo that punishment. 1998, c. 35, s. 60. Review and remission 217 (1) If a punishment has been suspended, it may at any time, and shall at intervals of not more than three months, be reviewed by a suspending authority. The suspending authority may, at the time of the review and in accordance with regulations made by the Governor in Council, remit the punishment. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Suspension of Imprisonment or Detention Sections 217-219 Automatic remission of punishments (2) A punishment, except a punishment referred to in subsection (3), that has been suspended shall be deemed to be wholly remitted on the expiration of a period, commencing on the day the suspension was ordered, equal to the term of the punishment less any time during which the offender has been incarcerated following pronouncement of the sentence, unless the punishment has been put into execution prior to the expiration of that period. Automatic remission of detention (3) A punishment of detention that has been suspended is deemed to be wholly remitted on the expiration of one year commencing on the day the suspension was ordered, unless the punishment has been put into execution prior to the expiration of that period. R.S., 1985, c. N-5, s. 217; 1998, c. 35, s. 61; 2013, c. 24, s. 66. 218 [Repealed, 2013, c. 24, s. 67] Committal to Imprisonment or Detention Committing authority 219 (1) The Minister may prescribe or appoint authorities for the purposes of this section and section 220 and, in this section and section 220, an authority prescribed or appointed under this subsection is referred to as a committing authority. Warrants for committal (2) A committal order, in such form as is prescribed in regulations, made by a committing authority is a sufficient warrant for the committal of a service convict, service prisoner or service detainee to any lawful place of confinement. Authority for transfer (3) A committing authority may, by warrant, order that a service convict, service prisoner or service detainee be transferred, from the place to which that convict, prisoner or detainee has been committed to undergo punishment, to any other place in which that punishment may lawfully be put into execution. Custody pending delivery on committal and during transfer (4) A service convict, service prisoner or service detainee, until delivered to the place where that convict, prisoner or detainee is to undergo punishment or while being transferred from one such place to another such place, may be held in any place, either in service custody or in civil custody, or at one time in service custody and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Committal to Imprisonment or Detention Sections 219-221 at another time in civil custody, as occasion may require, and may be transferred from place to place by any mode of conveyance, under such restraint as is necessary for the safe conduct of that convict, prisoner or detainee. R.S., c. N-4, s. 187. Committal of service convicts 220 (1) A service convict whose punishment of imprisonment for life or for two years or more is to be put into execution shall as soon as practicable be committed to a penitentiary to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service convict be committed to a service prison to undergo the punishment or any part of the punishment. Committal when unexpired term less than two years (2) Where a committing authority orders the committal to a penitentiary of a service convict, part of whose punishment has been undergone in a service prison, the service convict may be so committed notwithstanding that the unexpired portion of the term of that punishment is less than two years. Committal of service prisoners (3) A service prisoner whose punishment of imprisonment for less than two years is to be put into execution shall as soon as practicable be committed to a civil prison to undergo punishment according to law, except that a committing authority may, in accordance with regulations made by the Governor in Council, order that a service prisoner be committed to a service prison or detention barrack to undergo the punishment or part thereof. Committal of service detainees (4) A service detainee whose punishment of detention is to be put into execution shall as soon as practicable be committed to a detention barrack to undergo the punishment. R.S., 1985, c. N-5, s. 220; 1998, c. 35, s. 62. Temporary Removal from Incarceration Authority for temporary removal 221 Where the exigencies of the service so require, a service convict, service prisoner or service detainee may, by an order made by a committing authority referred to in section 219 or 220, be removed temporarily from the place to which he has been committed for such period as may be specified in that order but, until returned to that place, any person removed pursuant to this section shall Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Temporary Removal from Incarceration Sections 221-223 be retained in service custody or civil custody, as occasion may require, and no further committal order is necessary on the return of the person to that place. R.S., c. N-4, s. 188. Rules Applicable to Service Convicts and Service Prisoners Rules of penitentiaries and civil prisons to apply 222 (1) A service convict, while undergoing punishment in a penitentiary, or a service prisoner, while undergoing punishment in a civil prison, shall be dealt with in the same manner as other prisoners in the place where that convict or prisoner is undergoing punishment, and all rules applicable in respect of a person sentenced by a civil court to imprisonment in a penitentiary or civil prison, as the case may be, in so far as circumstances permit, apply accordingly. Jurisdiction and discretion of Parole Board of Canada (2) If the punishment of a service convict undergoing punishment in a penitentiary or of a service prisoner undergoing punishment in a civil prison is not suspended under this Act within six months after the date of the committal of that convict or prisoner to that penitentiary or civil prison, the Parole Board of Canada has, subject to Part II of the Corrections and Conditional Release Act, exclusive jurisdiction and absolute discretion to grant, refuse to grant, or revoke the parole of that convict or prisoner. R.S., 1985, c. N-5, s. 222; 1992, c. 20, s. 215; 1998, c. 35, s. 63; 2012, c. 1, s. 160; 2019, c. 15, s. 35. Validity of Documents Legalization and rectification 223 The custody of a service convict, service prisoner or service detainee is not illegal by reason only of informality or error in or in respect of a document containing a warrant, order or direction issued in pursuance of this Act, or by reason only that the document deviates from the prescribed form, and any such document may be amended appropriately at any time by the authority that issued it in the first instance or by any other authority empowered to issue documents of the same nature. R.S., c. N-4, s. 190. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Mental Disorder during Imprisonment or Detention Sections 224-226 Mental Disorder during Imprisonment or Detention Persons in penitentiaries or civil prisons 224 A service convict or service prisoner who, having been released from the Canadian Forces, is suffering from a mental disorder while undergoing punishment in a penitentiary or civil prison shall be treated in the same manner as if the convict or prisoner were a person undergoing a term of imprisonment in the penitentiary or civil prison by virtue of the sentence of a civil court. R.S., 1985, c. N-5, s. 224; 1991, c. 43, s. 20. 225 [Repealed, 1991, c. 43, s. 20] Transfer of Offenders Transfer of offenders 226 (1) A person who has been found guilty of an offence by a civil court in Canada or by a civil or military tribunal of any country other than Canada and sentenced to a term of incarceration may, with the approval of the Chief of the Defence Staff or an officer designated by the Chief of the Defence Staff, be transferred to the custody of the appropriate civil or military authorities of Canada for incarceration under this Act. Imprisonment or detention of offenders transferred (2) A person transferred under subsection (1) may, in lieu of the incarceration to which that person was sentenced, be imprisoned or detained for the term or the remainder of the term of incarceration to which he was sentenced as though that person had been sentenced to that term by a court martial, and the provisions of this Division are applicable in respect of every person so transferred as though the person had been so sentenced. Restriction (3) A person who has been found guilty of an offence by a civil court in Canada shall not, (a) if sentenced by the civil court to a term of less than two years, be transferred under subsection (1) without the consent of the attorney general of the province in which that person is incarcerated; or (b) if sentenced by the civil court to imprisonment for life or a term of two years or more, be transferred under subsection (1) without the consent of the Attorney General of Canada. R.S., 1985, c. N-5, s. 226; 1998, c. 35, ss. 64, 92; 2019, c. 15, s. 46. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Parole Eligibility Section 226.1 Parole Eligibility Sentence of imprisonment for life 226.1 (1) A court martial that imposes a punishment of imprisonment for life shall pronounce the following sentence: (a) in the case of a person who has been convicted of having committed traitorously an offence of misconduct in the presence of an enemy (section 73 or 74), an offence related to security (section 75) or an offence in relation to prisoners of war (section 76), imprisonment for life without eligibility for parole until the person has served 25 years of the sentence; (b) in the case of a person who has been convicted of an offence of high treason or an offence of first degree murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence; (c) in the case of a person who has been convicted of an offence of second degree murder and has previously been convicted of culpable homicide that is murder, imprisonment for life without eligibility for parole until the person has served 25 years of the sentence; (d) in the case of a person who has been convicted of an offence of second degree murder, imprisonment for life without eligibility for parole until the person has served at least 10 years of the sentence or any greater number of years, not being more than 25, that has been substituted under subsection (2); or (e) in the case of a person who has been convicted of any other offence, imprisonment for life with normal eligibility for parole. Provisions of Criminal Code apply (2) Sections 745.1 to 746.1 of the Criminal Code apply, with any modifications that the circumstances require, to a sentence of imprisonment for life that is imposed under this Act, and for that purpose (a) a reference in sections 745.2 to 745.3 of the Criminal Code to a jury shall be read as a reference to the panel of a General Court Martial; and (b) in the case of a conviction that took place outside Canada, a reference in section 745.6 of the Criminal Code to the province in which a conviction took place shall be read as a reference to the province in which Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Parole Eligibility Sections 226.1-226.2 the offender is incarcerated when they make an application under that section. 2013, c. 24, ss. 68, 132. Power of court martial to delay parole 226.2 (1) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction for an offence set out in Schedule I or II to that Act that is punishable under section 130 of this Act, a court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less. Condition (2) The court martial may only make the order if it is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence or the objective of specific or general deterrence requires that the order be made. Criminal organization offences (3) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment for life that is imposed otherwise than as a minimum punishment or a sentence of imprisonment for two years or more on conviction under this Act for a criminal organization offence, the court martial may order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less. Power of court martial to delay parole (4) Despite section 120 of the Corrections and Conditional Release Act, if a person receives a sentence of imprisonment of two years or more, including a sentence of imprisonment for life, on conviction under this Act for a terrorism offence, the court martial shall order that the portion of the sentence that must be served before the person may be released on full parole is one half of the sentence or 10 years, whichever is less, unless the court martial is satisfied, having regard to the circumstances of the commission of the offence and the person’s character and circumstances, that the expression of society’s denunciation of the offence and the objectives of specific or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8 Provisions Applicable to Imprisonment and Detention Parole Eligibility Sections 226.2-227 general deterrence would be adequately served by a period of parole ineligibility determined in accordance with the Corrections and Conditional Release Act. Objectives (5) The paramount objectives that are to guide the court martial under this section are denunciation and specific or general deterrence, with the rehabilitation of the person, in all cases, being subordinate to those paramount objectives. 2013, c. 24, s. 68. DIVISION 8.1 Sex Offender Information Interpretation Definitions 227 The following definitions apply in this Division. crime of a sexual nature means a crime referred to in subsection 3(2) of the Sex Offender Information Registration Act. (crime de nature sexuelle) database has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (banque de données) designated offence means (a) an offence within the meaning of paragraph (a), (c), (c.1), (d) or (d.1) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; (b) an offence within the meaning of paragraph (b) of the definition designated offence in subsection 490.011(1) of the Criminal Code that is punishable under section 130 of this Act; (c) an attempt or conspiracy to commit an offence referred to in paragraph (a); or (d) an attempt or conspiracy to commit an offence referred to in paragraph (b). (infraction désignée) finding of not responsible on account of mental disorder includes a verdict of not criminally responsible on account of mental disorder within the meaning of subsection 672.1(1) of the Criminal Code. (verdict de non-responsabilité pour cause de troubles mentaux) Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Interpretation Sections 227-227.01 officer, or non-commissioned member, of the primary reserve means an officer, or non-commissioned member, of the reserve force (a) who is required, whether on active service or not, to perform military or any other form of duty or training; (b) whose primary duty is not the supervision, administration and training of cadet organizations referred to in section 46; and (c) who is required to undergo annual training. (officier ou militaire du rang de la première réserve) pardon means a conditional pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code that has not been revoked. (pardon) prescribed form means a form prescribed in the regulations made by the Governor in Council. (formulaire réglementaire) record suspension means a record suspension, as defined in subsection 2(1) of the Criminal Records Act, that has not been revoked or ceased to have effect. (suspension du casier) registration centre has the same meaning as in subsection 3(1) of the Sex Offender Information Registration Act. (bureau d’inscription) Review Board means the Review Board established or designated for a province under subsection 672.38(1) of the Criminal Code. (commission d’examen) R.S., 1985, c. N-5, s. 227; 1998, c. 35, s. 65; 2007, c. 5, s. 4; 2012, c. 1, s. 153; 2014, c. 25, s. 37. Order to Comply with the Sex Offender Information Registration Act Order 227.01 (1) When a court martial imposes a sentence on a person for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or finds the person not responsible on account of mental disorder for such an offence, it shall make an order in the prescribed form requiring the person to comply with the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Order to Comply with the Sex Offender Information Registration Act Section 227.01 Sex Offender Information Registration Act for the applicable period specified in section 227.02. Order — if intent established (2) When a court martial imposes a sentence on a person for an offence referred to in paragraph (b) or (d) of the definition designated offence in section 227, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes beyond a reasonable doubt that the person committed the offence with the intent to commit an offence referred to in paragraph (a) or (c) of that definition. Order — if previous offence established (3) When a court martial imposes a sentence on a person for a designated offence in connection with which an order may be made under subsection (1) or (2) or finds the person not responsible on account of mental disorder for such an offence, it shall, on application of the prosecutor, make an order in the prescribed form requiring the person to comply with the Sex Offender Information Registration Act for the applicable period specified in section 227.02 if the prosecutor establishes that (a) the person was, before or after the coming into force of this paragraph, previously convicted of, or found not responsible on account of mental disorder for, an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code; (b) the person was not served with a notice under section 227.08 of this Act or section 490.021 or 490.02903 of the Criminal Code in connection with that offence; and (c) no order was made under subsection (1) or under subsection 490.012(1) of the Criminal Code in connection with that offence. Failure to make order (3.1) If the court martial does not consider the matter under subsection (1) or (3) at that time, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Order to Comply with the Sex Offender Information Registration Act Sections 227.01-227.02 (a) the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to do so; (b) the Court Martial Administrator shall, within 90 days after the day on which the sentence was imposed or the person was found not responsible on account of mental disorder, convene the court martial; and (c) for greater certainty, the person continues to be liable to be dealt with under the Code of Service Discipline for that purpose. Interpretation (4) For the purpose of paragraph (3)(a), a previous conviction includes a conviction for an offence (a) for which a person is given an adult sentence within the meaning of subsection 2(1) of the Youth Criminal Justice Act; or (b) that is made in ordinary court within the meaning of subsection 2(1) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985. (5) and (6) [Repealed, 2010, c. 17, s. 47] 2007, c. 5, s. 4; 2010, c. 17, s. 47; 2014, c. 25, s. 38. Date order begins 227.02 (1) An order made under section 227.01 begins on the day on which it is made. Duration of order (2) An order made under subsection 227.01(1) or (2) (a) ends 10 years after it was made if the maximum term of imprisonment for the offence in connection with which it was made is five years or less; (b) ends 20 years after it was made if the maximum term of imprisonment for the offence is 10 or 14 years; and (c) applies for life if the maximum term of imprisonment for the offence is life. Duration of order (2.1) An order made under subsection 227.01(1) applies for life if the person is convicted of, or found not responsible on account of mental disorder for, more than one offence referred to in paragraph (a) or (c) of the definition designated offence in section 227. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Order to Comply with the Sex Offender Information Registration Act Sections 227.02-227.03 Duration of order (3) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act. Duration of order (4) An order made under subsection 227.01(1) or (2) applies for life if the person is, or was at any time, subject to an order made previously under section 227.01 of this Act or section 490.012 of the Criminal Code. Duration of order (5) An order made under subsection 227.01(3) applies for life. 2007, c. 5, s. 4; 2010, c. 17, s. 48. Application for termination order 227.03 (1) A person who is subject to an order may apply for a termination order (a) if five years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(a); (b) if 10 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(b); or (c) if 20 years have elapsed since the order was made, in the case of an order referred to in paragraph 227.02(2)(c) or subsection 227.02(2.1), (3) or (5). Multiple orders (2) A person who is subject to more than one order made under section 227.01 may apply for a termination order if 20 years have elapsed since the most recent order was made. Pardon or record suspension (3) Despite subsections (1) and (2), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. Scope of application (4) The application shall be in relation to every order that is in effect. If a person is subject to an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act, the application shall also be in relation to that obligation. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Order to Comply with the Sex Offender Information Registration Act Sections 227.03-227.05 Re-application (5) A person whose application is refused may re-apply if five years have elapsed since they made the previous application. They may also re-apply once they receive a pardon or once a record suspension is ordered. However, they may not re-apply under this subsection if an order is made with respect to them under section 227.01 of this Act or section 490.012 of the Criminal Code after the previous application was made. Jurisdiction (6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.015 of the Criminal Code. Court martial (7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue. 2007, c. 5, s. 4; 2008, c. 29, s. 20; 2010, c. 17, s. 49; 2012, c. 1, s. 154. Termination order 227.04 (1) The court martial shall make a termination order if it is satisfied that the person has established that the impact on them of continuing an order or an obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (2) The court martial shall give reasons for the decision. Notice to Provost Marshal (3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision. 2007, c. 5, s. 4; 2010, c. 17, s. 50; 2013, c. 24, s. 107(F). Requirements relating to notice 227.05 (1) When a court martial makes an order under section 227.01, it shall cause (a) the order to be read by or to the person who is subject to it; (b) a copy of the order to be given to that person; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Order to Comply with the Sex Offender Information Registration Act Sections 227.05-227.06 (c) that person to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code; and (d) a copy of the order to be sent to (i) the Review Board that is responsible for making a disposition with respect to that person, if applicable, (ii) the person in charge of the place in which the person who is subject to the order is to serve the custodial portion of a sentence or is to be detained in custody as part of a disposition under Division 7 of this Part, if applicable, and (iii) the Provost Marshal. Notice on disposition by Review Board (2) A Review Board shall cause a copy of the order to be given to the person who is subject to the order when it directs, (a) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(a) of the Criminal Code, that the person be discharged absolutely; or (b) in the exercise of the powers and performance of the duties assigned to it under paragraph 672.54(b) of the Criminal Code, that the person be discharged subject to conditions, unless the conditions restrict the person’s liberty in a manner and to an extent that prevent them from complying with sections 4, 4.1, 4.3 and 6 of the Sex Offender Information Registration Act. Notice before release (3) The person in charge of the place in which the person who is subject to the order is serving the custodial portion of a sentence, or is detained in custody, before their release or discharge shall give them a copy of the order not earlier than 10 days before their release or discharge. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Obligation to comply 227.06 A person who is served with a notice in the prescribed form shall comply with the Sex Offender Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.06-227.08 Information Registration Act for the applicable period specified in section 227.09 of this Act unless an exemption order is made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code. 2007, c. 5, s. 4. Persons who may be served 227.07 (1) The Provost Marshal may serve a person with a notice if, on the day on which this section comes into force, they are subject to a sentence for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 or have not been discharged absolutely or unconditionally released from custody under Division 7 of this Part in connection with such an offence. Exception (2) A notice shall not be served on a person if (a) they may be served with a notice under section 490.021 of the Criminal Code; (b) they have been finally acquitted of, or have received a free pardon granted under Her Majesty’s royal prerogative of mercy or under section 748 of the Criminal Code for, every offence in connection with which the notice may be served on them; or (c) an application has been made for an order under subsection 227.01(3) of this Act or subsection 490.012(3) of the Criminal Code in relation to any offence in connection with which the notice may be served on them. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Period for and method of service 227.08 (1) The notice shall be personally served within one year after the day on which section 227.07 comes into force. Exception (2) If a person is unlawfully at large or is in breach of any terms of their sentence or their discharge or release under Division 7 of this Part, or of any conditions set under this Part, that relate to residence, the notice may be served by registered mail at their last known address. Proof of service (3) An affidavit of the person who served the notice, sworn before a commissioner or other person authorized to take affidavits, is evidence of the service and the notice if it sets out that Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.08-227.09 (a) the person who served the notice has charge of the appropriate records and has knowledge of the facts in the particular case; (b) the notice was personally served on, or mailed to, the person to whom it was directed on a named day; and (c) the person who served the notice identifies a true copy of the notice as an exhibit attached to the affidavit. Requirements relating to notice (4) The person who served the notice shall send a copy of the affidavit and the notice to the Provost Marshal without delay. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Date obligation begins 227.09 (1) The obligation under section 227.06 begins (a) either one year after the day on which the person is served with the notice, or when an exemption order is refused under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code, whichever is later; or (b) when an exemption order is quashed. Date obligation ends (2) The obligation ends when an exemption order is made on an appeal from a decision made under subsection 227.1(4) of this Act or subsection 490.023(2) of the Criminal Code. Duration of obligation (3) If subsection (2) does not apply earlier, the obligation (a) ends 10 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is five years or less; (b) ends 20 years after the person was sentenced, or found not responsible on account of mental disorder, for the offence listed in the notice if the maximum term of imprisonment for the offence is 10 or 14 years; (c) applies for life if the maximum term of imprisonment for the offence listed in the notice is life; or (d) applies for life if, at any time, the person was convicted of, or found not responsible on account of mental disorder for, more than one offence that is referred Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.09-227.1 to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code and if more than one of those offences is listed in the notice. 2007, c. 5, s. 4; 2014, c. 25, s. 39. Application for exemption order 227.1 (1) A person who is not subject to an order under section 227.01 of this Act or section 490.012 of the Criminal Code may apply for an order exempting them from the obligation within one year after they are served with a notice under section 227.08. Jurisdiction (2) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.023 of the Criminal Code. Court martial (3) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue. Exemption order (4) The court martial shall make an exemption order if it is satisfied that the person has established that the impact of the obligation on them, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (5) The court martial shall give reasons for the decision. Removal of information from database (6) If the court martial makes an exemption order, it shall also make an order requiring the Royal Canadian Mounted Police to permanently remove from the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.1-227.12 database all information that relates to the person that was registered in the database on receipt of the notice. 2007, c. 5, s. 4; 2008, c. 29, s. 21; 2010, c. 17, s. 52. Requirements relating to notice 227.11 If the court martial refuses to make an exemption order or if the Court Martial Appeal Court dismisses an appeal from such a decision or quashes an exemption order, it shall cause the Provost Marshal to be notified of the decision and shall cause the person who applied for the order to be informed of sections 4 to 7.1 of the Sex Offender Information Registration Act, section 119.1 of this Act and sections 490.031 and 490.0311 of the Criminal Code. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Application for termination order 227.12 (1) A person who is subject to an obligation under section 227.06 may apply for a termination order unless they are also subject to (a) an obligation under section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act that began later; or (b) an order under section 227.01 of this Act or section 490.012 of the Criminal Code that began later. Time for application (2) A person may apply for a termination order if the following period has elapsed since they were sentenced, or found not responsible on account of mental disorder, for an offence referred to in paragraph (a) or (c) of the definition designated offence in section 227: (a) five years if the maximum term of imprisonment for the offence is five years or less; (b) 10 years if the maximum term of imprisonment for the offence is 10 or 14 years; or (c) 20 years if the maximum term of imprisonment for the offence is life. More than one offence (3) If more than one offence is listed in the notice served under section 227.08, the person may apply for a termination order if 20 years have elapsed since they were sentenced, or found not responsible on account of mental disorder, for the most recent offence referred to in paragraph (a) or (c) of the definition designated offence in section 227 of this Act or in paragraph (a), (c), (c.1), (d), Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.12-227.13 (d.1) or (e) of the definition designated offence in subsection 490.011(1) of the Criminal Code. Pardon or record suspension (4) Despite subsections (2) and (3), a person may apply for a termination order once they receive a pardon or once a record suspension is ordered. Re-application (5) A person whose application is refused may apply again if five years have elapsed since they made the previous application. They may also apply again once they receive a pardon or once a record suspension is ordered. However, they may not apply again if, after the previous application was made, they become subject to an obligation under section 490.019 or 490.02901 of the Criminal Code or under section 36.1 of the International Transfer of Offenders Act or to an order under section 227.01 of this Act or section 490.012 of the Criminal Code. Jurisdiction (6) The application shall be made to the Chief Military Judge if the applicant is subject to the Code of Service Discipline or is an officer, or non-commissioned member, of the primary reserve at the time. In any other case, the application shall be made to a court under section 490.026 of the Criminal Code. Court martial (7) On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to try the issue. 2007, c. 5, s. 4; 2008, c. 29, s. 22; 2010, c. 17, s. 53; 2012, c. 1, s. 155; 2014, c. 25, s. 40. Termination order 227.13 (1) The court martial shall make an order terminating the obligation if it is satisfied that the person has established that the impact on them of continuing the obligation, including on their privacy or liberty, would be grossly disproportionate to the public interest in protecting society through the effective prevention or investigation of crimes of a sexual nature, to be achieved by the registration of information relating to sex offenders under the Sex Offender Information Registration Act. Reasons for decision (2) The court martial shall give reasons for the decision. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Notice and Obligation to Comply with the Sex Offender Information Registration Act — Convictions Before September 12, 2008 Sections 227.13-227.15 Requirements relating to notice (3) If the court martial makes a termination order, it shall cause the Provost Marshal to be notified of the decision. 2007, c. 5, s. 4; 2010, c. 17, s. 54; 2013, c. 24, s. 107(F). Deemed application 227.14 If a person is eligible to apply for both an exemption order under section 227.1 and a termination order under section 227.12 within one year after they are served with a notice under section 227.08, an application within that period for one order is deemed to be an application for both. 2007, c. 5, s. 4. Suspension of Time Limits, Proceedings and Obligations Determination — inability to act for operational reasons 227.15 (1) The Chief of the Defence Staff may determine that a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, for operational reasons, unable to (a) apply for an exemption order under section 227.1 of this Act or section 490.023 of the Criminal Code within the required period; (b) appeal the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1) of this Act — or appeal a decision made under subsection 490.012(2), 490.016(1), 490.023(2), 490.027(1), 490.02905(2), 490.02909(1) or 490.02913(1) of the Criminal Code — within the required period; (c) participate in a proceeding relating to an exemption order referred to in paragraph (a) or in an appeal proceeding referred to in paragraph (b); or (d) comply with section 4, 4.1, 4.3 or 6 of the Sex Offender Information Registration Act within the required period. Effects of determination (2) If the Chief of the Defence Staff makes a determination, the following rules apply: (a) in the case of a determination under paragraph (1)(a), the running of the period during which the person may apply for an exemption order is suspended from the day on which the operational reasons first Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Suspension of Time Limits, Proceedings and Obligations Section 227.15 apply until 45 days after the day on which they cease to apply; (b) in the case of a determination under paragraph (1)(b), the running of the period during which the person may appeal the legality of a decision, or a decision, is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; (c) in the case of a determination under paragraph (1)(c), (i) any proceeding relating to an exemption order is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply, or (ii) an application may be made to appeal the legality of a decision, or a decision, after the day on which the operational reasons first apply, but any appeal proceeding is suspended from the day on which the operational reasons first apply until 45 days after the day on which they cease to apply; and (d) in the case of a determination under paragraph (1)(d), the person’s obligation to comply with the relevant section of the Sex Offender Information Registration Act is suspended from the day on which the operational reasons first apply until 15 days after the day on which they cease to apply. Factors for consideration (2.1) The Chief of the Defence Staff may make a determination only if he or she is of the opinion that the operational reasons clearly outweigh in importance the public interest in applying the provisions of the Act that, but for the determination, would apply in the circumstances. Notice to Minister (2.2) The Chief of the Defence Staff shall notify the Minister before making a determination. Review of operational reasons (2.3) Every 15 days after a determination is made, the Chief of the Defence Staff shall consider whether the operational reasons cease to apply. Notice (3) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Suspension of Time Limits, Proceedings and Obligations Sections 227.15-227.16 Notice (4) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, the date on which the operational reasons first apply and the date on which they cease to apply, and the Provost Marshal shall notify the person without delay. Notice (5) The Provost Marshal shall notify the following persons without delay of a determination made under paragraph (1)(b) or (c), the effect of the determination, the date on which the suspension of the time limit or proceeding first applies and the date on which it ceases to apply: (a) the Minister or counsel instructed by the Minister if the decision in relation to which an appeal may be brought was made under this Act, or the Minister or counsel instructed by the Minister and the Court Martial Administrator if the proceeding was commenced under this Act; or (b) the attorney general of a province or the minister of justice of a territory if the decision in relation to which an appeal may be brought was made, or the proceeding was commenced, in that jurisdiction under the Criminal Code. 2007, c. 5, s. 4; 2010, c. 17, s. 55; 2013, c. 24, s. 107(F). Determination — information relating to an operation 227.16 (1) The Chief of the Defence Staff may determine that the communication, under section 6 of the Sex Offender Information Registration Act, of information that relates to an operation could jeopardize national security, international relations or the security of an operation that is within a class of operations designated by a regulation made under paragraph 227.2(b). Notice (2) The Chief of the Defence Staff shall notify the Minister without delay that a determination has been made under this section. Notice (3) The Chief of the Defence Staff shall notify the Provost Marshal without delay of the determination, and the Provost Marshal shall notify without delay any participant in the operation who is required to comply with section 6 of the Sex Offender Information Registration Act. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Suspension of Time Limits, Proceedings and Obligations Sections 227.16-227.18 Effect of determination (4) A participant in the operation is exempted from the requirement under section 6 of the Sex Offender Information Registration Act to provide the information relating to the operation. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Statutory Instruments Act 227.17 The Statutory Instruments Act does not apply to a determination made by the Chief of the Defence Staff under subsection 227.15(1) or 227.16(1). 2007, c. 5, s. 4. Annual Report 227.171 (1) The Chief of the Defence Staff shall, within 30 days after the end of each year, submit a report to the Minister on the operation of sections 227.15 and 227.16 for that year that includes (a) the number of determinations made under each of paragraphs 227.15(a) to (d) and the duration of the suspension resulting from each determination; and (b) the number of determinations made under subsection 227.16(1) and the number of persons exempted under subsection 227.16(4) as a result of each determination. Tabling in Parliament (2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives the report. 2007, c. 5, s. 4. Disclosure of Information Disclosure 227.18 (1) At the request of the Provost Marshal, the Commissioner of the Royal Canadian Mounted Police or a person authorized by the Commissioner shall disclose information that is registered in the database, or the fact that information is registered in the database, to the Provost Marshal if the disclosure is necessary to enable the Provost Marshal to determine (a) whether a person may be served with a notice under section 227.08; (b) for the purpose of a proceeding under section 227.01 or subsection 227.04(1), 227.1(4) or 227.13(1) or for the purpose of an appeal respecting the legality of a decision made under any of those provisions, whether Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Disclosure of Information Section 227.18 a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is, or was at any time, required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; (c) for the purpose of enabling compliance with the Sex Offender Information Registration Act, whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, is required to comply with an order made under section 227.01 of this Act or section 490.012 of the Criminal Code or with an obligation under section 227.06 of this Act, section 490.019 or 490.02901 of the Criminal Code or section 36.1 of the International Transfer of Offenders Act; or (d) whether a person who is subject to the Code of Service Discipline, or who is an officer, or non-commissioned member, of the primary reserve, may be the subject of a determination under subsection 227.15(1) or 227.16(1). Disclosure by Provost Marshal (2) The Provost Marshal shall disclose the information (a) to a prosecutor if the disclosure is necessary for the purpose of a proceeding for an order under section 227.01, a termination order under subsection 227.04(1) or 227.13(1) or an exemption order under subsection 227.1(4); (b) to the Minister or counsel instructed by the Minister if the disclosure is necessary for the purpose of an appeal respecting the legality of a decision made in a proceeding referred to in paragraph (a); (c) to a person’s commanding officer if the disclosure is necessary to enable the person to comply with the Sex Offender Information Registration Act; or (d) to the Chief of the Defence Staff if the disclosure is necessary for the purpose of a determination under subsection 227.15(1) or 227.16(1). Disclosure in proceedings (3) The prosecutor or the Minister or counsel instructed by the Minister may, if the information is relevant to the proceeding or appeal referred to in paragraph (2)(a) or (b), disclose it to the presiding judge, court or court martial. 2007, c. 5, s. 4; 2010, c. 17, s. 56; 2013, c. 24, s. 107(F). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Disclosure of Information Section 227.19 Disclosure 227.19 (1) If a person, in connection with a proceeding or an appeal other than one referred to in paragraph 227.18(2)(a) or (b), discloses the fact that information relating to them is registered in the database, the Provost Marshal shall request that the Commissioner of the Royal Canadian Mounted Police disclose all of the information relating to the person that is registered in the database. The Commissioner or a person authorized by the Commissioner shall disclose the information to the Provost Marshal without delay. Disclosure by Provost Marshal (2) The Provost Marshal shall disclose the information (a) to the officer conducting the summary hearing and to a person who provides legal advice to the officer with respect to the hearing, in the case of a summary hearing; or (b) to the prosecutor or to the Minister or counsel instructed by the Minister in any other case. (3) [Repealed, 2019, c. 15, s. 36] Disclosure in proceedings (4) The officer who conducted the summary hearing may disclose the information to a review authority, and to a person who provides legal advice to the review authority, with respect to a review of a finding that a person has committed a service infraction or of any sanction imposed by that officer, if the information is relevant to the review. Disclosure in proceedings (5) The prosecutor or the Minister or counsel instructed by the Minister may disclose the information to the presiding judge, court or court martial in the proceeding or appeal or in any subsequent appeal, or to a review authority and to a person who provides legal advice to the review authority with respect to a review of a finding of guilty made or a punishment imposed in the proceeding or appeal, if the information is relevant to the proceeding, appeal or review. Disclosure in proceedings (6) A review authority may disclose the information to another review authority and to a person who provides legal advice to the other review authority with respect to a review by that review authority of a finding of guilty made or punishment imposed in a proceeding or appeal referred to in subsection (1) or in any subsequent appeal, if the information is relevant to the review. 2007, c. 5, s. 4; 2010, c. 17, s. 57; 2013, c. 24, s. 107(F); 2019, c. 15, s. 36. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 8.1 Sex Offender Information Authorizations, Designations and Regulations Sections 227.2-227.21 Authorizations, Designations and Regulations Regulations by Governor in Council 227.2 The Governor in Council may make regulations (a) respecting the means by which designated classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve are required to report under section 4, 4.1 or 4.3, or to provide notification under section 6, of the Sex Offender Information Registration Act to registration centres designated under paragraph (e); (b) designating classes of operations in respect of which a determination may be made under subsection 227.16(1); (c) authorizing persons or classes of persons in or outside Canada to collect information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; (d) authorizing persons or classes of persons in or outside Canada to register information under the Sex Offender Information Registration Act that relates to persons who are subject to the Code of Service Discipline and to officers, or non-commissioned members, of the primary reserve; and (e) designating places or classes of places in or outside Canada as registration centres for the purposes of the Sex Offender Information Registration Act and the area, or classes of persons who are subject to the Code of Service Discipline and officers, or non-commissioned members, of the primary reserve, served by each registration centre. 2007, c. 5, s. 4. Authorization 227.21 The Chief of the Defence Staff, the Provost Marshal, the Chief Military Judge or a commanding officer may authorize a person to communicate or disclose information, or give notice, under this Division on their behalf. 2007, c. 5, s. 4; 2013, c. 24, s. 107(F). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Sections 228-230 DIVISION 9 Appeals General Provisions Definition of legality and illegal 228 For the purposes of this Division, the expressions legality and illegal shall be deemed to relate either to questions of law alone or to questions of mixed law and fact. R.S., 1985, c. N-5, s. 228; 1998, c. 35, s. 92. 229 [Repealed, 1998, c. 35, s. 67] Right to Appeal Appeal by person tried 230 Every person subject to the Code of Service Discipline has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters: (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law; (a.1) the decision to make an order under subsection 745.51(1) of the Criminal Code; (b) the legality of any finding of guilty; (c) the legality of the whole or any part of the sentence; (d) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder; (e) the legality of a disposition made under section 201, 202 or 202.16; (e.1) the legality of a finding made under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding; (f) the legality of a decision made under any of subsections 196.14(1) to (3); (g) the legality of a decision made under subsection 227.01(2); (h) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Right to Appeal Sections 230-230.1 (i) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section; (i.1) the legality of a decision not to make an order under subsection 180.05(1) or of a decision to make or not to make an order under subsection 180.07(1); (j) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or (k) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3). R.S., 1985, c. N-5, s. 230; 1991, c. 43, s. 21; 2000, c. 10, s. 2; 2007, c. 5, s. 5, c. 22, s. 45; 2010, c. 17, s. 58; 2011, c. 5, s. 8; 2013, c. 24, s. 69; 2014, c. 6, s. 29; 2019, c. 15, s. 37; 2019, c. 15, s. 63. Appeal by Minister 230.1 The Minister, or counsel instructed by the Minister for that purpose, has, subject to subsection 232(3), the right to appeal to the Court Martial Appeal Court from a court martial in respect of any of the following matters: (a) with leave of the Court or a judge thereof, the severity of the sentence, unless the sentence is one fixed by law; (a.1) the decision not to make an order under subsection 745.51(1) of the Criminal Code; (b) the legality of any finding of not guilty; (c) the legality of the whole or any part of the sentence; (d) the legality of a decision of a court martial that terminates proceedings on a charge or that in any manner refuses or fails to exercise jurisdiction in respect of a charge; (e) the legality of a finding of unfit to stand trial or not responsible on account of mental disorder; (f) the legality of a disposition made under section 201, 202 or 202.16; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Right to Appeal Sections 230.1-230.2 (f.01) the legality of a decision not to make a finding under subsection 202.161(4) or a decision made under subsection 202.162(3) about revoking such a finding; (f.1) the legality of an order for a stay of proceedings made under subsection 202.121(7); (g) the legality of a decision made under any of subsections 196.14(1) to (3); (h) the legality of a decision made under subsection 227.01(2); (i) the legality of an order made under section 147.1 or 226.2 and, with leave of the Court or a judge of the Court, the reasonableness of any period imposed under section 147.2; (j) the legality of an order made under section 148 and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under that section; (j.1) the legality of a decision to make an order under subsection 180.05(1) or 180.07(1); (k) the legality or, with leave of the Court or a judge of the Court, the severity of a restitution order made under section 203.9 or the legality of an order made under section 249.25; or (l) the legality of a suspension of a sentence of imprisonment or detention and the legality or, with leave of the Court or a judge of the Court, the severity of any condition imposed under subsection 215(3). 1991, c. 43, s. 21; 2000, c. 10, s. 3; 2005, c. 22, s. 59; 2007, c. 5, s. 6, c. 22, s. 46; 2010, c. 17, s. 59; 2011, c. 5, s. 9; 2013, c. 24, s. 70; 2014, c. 6, s. 30; 2019, c. 15, s. 38; 2019, c. 15, s. 63. Appeal from order 230.2 Subject to subsection 232(3), a person who applied for an exemption order under section 227.1 or a termination order under section 227.03 or 227.12 and the Minister or counsel instructed by the Minister have the right to appeal to the Court Martial Appeal Court in respect of the legality of the decision made by the court martial. 2007, c. 5, s. 7. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Right to Appeal Sections 231-233 Other rights preserved 231 The right of any person to appeal from the finding or sentence of a court martial shall be deemed to be in addition to and not in derogation of any rights that the person has under the law of Canada. R.S., c. N-4, s. 198. Entry of Appeals Form 232 (1) An appeal or application for leave to appeal under this Division shall be stated on a form to be known as a Notice of Appeal, which shall contain particulars of the grounds on which the appeal is founded and shall be signed by the appellant. Validity (2) A Notice of Appeal is not invalid by reason only of informality or the fact that it deviates from the prescribed form. Limitation period (3) No appeal or application for leave to appeal under this Division shall be entertained unless the Notice of Appeal is delivered within thirty days after the date on which the court martial terminated its proceedings to the Registry of the Court Martial Appeal Court or, in such circumstances as may be prescribed by the Governor in Council in regulations, to a person prescribed in those regulations. Extension (4) The Court Martial Appeal Court or a judge thereof may at any time extend the time within which a Notice of Appeal must be delivered. Forwarding statement (5) Where a Notice of Appeal is delivered pursuant to subsection (3) to a person prescribed by the Governor in Council in regulations, the person shall forward the Notice of Appeal to the Registry of the Court Martial Appeal Court. R.S., 1985, c. N-5, s. 232; 1991, c. 43, s. 22; 1998, c. 35, s. 92; 2007, c. 5, s. 8(F). Appeals from Dispositions Automatic suspension of certain dispositions 233 (1) Subject to subsection (2), if the disposition appealed from is a disposition made under section 202, the filing of a Notice of Appeal in accordance with section 232 suspends the application of the disposition pending the determination of the appeal. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Appeals from Dispositions Section 233 Discretionary powers respecting suspension of dispositions (2) A judge of the Court Martial Appeal Court may, on application of any party who gives notice to each of the other parties within the time and in the manner prescribed under subsection 244(1), where the judge is satisfied that the mental condition of the accused justifies the taking of such action, (a) by order, direct that the application of a disposition made under section 202 not be suspended pending the determination of the appeal; (a.1) by order, direct that the application of a disposition made under paragraph 202.16(1)(a) be suspended pending the determination of the appeal; (b) by order, direct that the application of a disposition appealed from that was made under section 201 or paragraph 202.16(1)(b) or (c) be suspended pending determination of the appeal; (c) where the application of a disposition is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (b), make such other disposition, other than a disposition under section 202 or paragraph 202.16(1)(a), in respect of the accused as is applicable and appropriate in the circumstances pending the determination of the appeal; and (d) give such directions as the judge thinks necessary for expediting the appeal. Effect of suspension of disposition (3) Where the application of a disposition appealed from is suspended pursuant to subsection (1) or by virtue of an order made under paragraph (2)(b), (a) in the case where no disposition was in force in respect of the accused immediately before the coming into force of the disposition appealed from, any order for the interim release or detention of the accused that is in force immediately prior to the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c), pending the determination of the appeal; and (b) in any other case, the disposition in force immediately before the coming into force of the disposition appealed from continues in force, subject to the making of a disposition under paragraph (2)(c). R.S., 1985, c. N-5, s. 233; 1991, c. 43, s. 22; 2014, c. 6, s. 31. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Court Martial Appeal Court of Canada Section 234 Court Martial Appeal Court of Canada Court established 234 (1) There is hereby established a Court Martial Appeal Court of Canada, which shall hear and determine all appeals referred to it under this Division. Judges (2) The judges of the Court Martial Appeal Court are (a) not fewer than four judges of the Federal Court of Appeal or the Federal Court to be designated by the Governor in Council; and (b) any additional judges of a superior court of criminal jurisdiction who are appointed by the Governor in Council. Deputy judges of the Court (2.1) Subject to subsection (2.2), any former judge of the Court Martial Appeal Court may, at the request of the Chief Justice of that Court made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court. Approval of Governor in Council (2.2) The Governor in Council may approve the making of requests under subsection (2.1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under that subsection. Salary (2.3) A person who acts as a judge under subsection (2.1) shall be paid a salary for the period he or she acts at the rate fixed by the Judges Act for a judge of the Federal Court of Appeal or the Federal Court, other than a Chief Justice, less any amount otherwise payable to him or her under that Act in respect of that period, and shall also be paid the travel allowances that a judge is entitled to be paid under the Judges Act. Giving of judgment after judge ceases to hold office (2.4) If a judge of the Court Martial Appeal Court resigns his or her office or is appointed to another court or otherwise ceases to hold office, he or she may, at the request of the Chief Justice of the Court Martial Appeal Court, at any time within eight weeks after that event give judgment in any cause, action or matter previously tried by or heard before him or her as if he or she had continued in office. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Court Martial Appeal Court of Canada Sections 234-236 Chief Justice (3) The Governor in Council shall designate one of the judges of the Court Martial Appeal Court to be the Chief Justice thereof, who shall preside, when present, at any sittings of the Court and shall, subject to subsection (4), appoint another judge to preside at any sittings of the Court at which the Chief Justice is not present. Absence or incapacity of Chief Justice (4) Where the office of Chief Justice is vacant, or the Chief Justice is absent from Canada or is unable or unwilling to act, his powers shall be exercised and his duties performed by the senior judge who is in Canada and is able and willing to Act. R.S., 1985, c. N-5, s. 234; 1998, c. 35, s. 92; 2002, c. 8, s. 153. Sittings and hearings 235 (1) The Court Martial Appeal Court may sit and hear appeals at any place or places, and the Chief Justice of the Court shall arrange for sittings and hearings as may be required. Hearing of appeals and other matters (2) Every appeal shall be heard by three judges of the Court Martial Appeal Court sitting together, the decision of the majority of whom shall be the decision of the Court, and any other matter before the Court shall be disposed of by the Chief Justice or by such other judge or judges of the Court as the Chief Justice may designate for that purpose. Notification of dissent (3) Where an appeal has been wholly or partially dismissed by the Court Martial Appeal Court and there has been dissent in the Court, the appellant shall forthwith be informed of that dissent. R.S., 1985, c. N-5, s. 235; R.S., 1985, c. 41 (1st Supp.), s. 13. Superior court of record 236 (1) The Court Martial Appeal Court is a superior court of record. Evidence (2) The Court Martial Appeal Court may hear evidence including new evidence, as it may deem expedient and the Court may sit in camera or in public. Staff (3) The officers, clerks and employees appointed to the Courts Administration Service shall perform the duties of their respective offices in relation to the Court Martial Appeal Court. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Court Martial Appeal Court of Canada Sections 236-239 Authorization to execute Chief Justice’s functions (4) The Chief Justice of the Court Martial Appeal Court may authorize any other judges of the Court to exercise or perform any of the powers or functions of the Chief Justice under this section and sections 234 and 235. R.S., 1985, c. N-5, s. 236; 2002, c. 8, s. 154. Expenses 237 A judge of the Court Martial Appeal Court is entitled to be paid travel allowances under the Judges Act as for attendances as judge of the Federal Court or the superior court to which the judge so entitled belongs. R.S., c. N-4, s. 201; R.S., c. 10(2nd Supp.), s. 64; 1984, c. 40, s. 47(F). Disposition of Appeals by Court Martial Appeal Court of Canada Powers on appeal against finding of guilty 238 (1) On the hearing of an appeal respecting the legality of a finding of guilty on any charge, the Court Martial Appeal Court, if it allows the appeal, may set aside the finding and (a) enter a finding of not guilty in respect of the charge; or (b) direct a new trial by court martial on the charge. Effect of setting aside finding of guilty (2) Where the Court Martial Appeal Court has set aside a finding of guilty and no other finding of guilty remains, the whole of the sentence ceases to have force and effect. Sentence where findings partly set aside (3) Where the Court Martial Appeal Court has set aside a finding of guilty but another finding of guilty remains, the Court may, except where it allows an appeal under section 240.1, (a) affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the finding of guilty that remains; or (b) substitute for the sentence imposed by the court martial a sentence that is warranted in law. R.S., 1985, c. N-5, s. 238; 1991, c. 43, s. 23; 1998, c. 35, s. 68; 2008, c. 29, s. 23. Substitution of finding 239 (1) Where an appellant has been found guilty of an offence and the court martial could, on the charge, have found the appellant guilty under section 133, 134 or 136 of some other offence or could have found the appellant guilty of some other offence on any alternative charge Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Disposition of Appeals by Court Martial Appeal Court of Canada Sections 239-239.1 that was laid and, on the actual finding, it appears to the Court Martial Appeal Court that the facts proved the appellant guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the finding of guilty made by the court martial a finding of guilty of that other offence. Sentence on substituted finding (2) On the substitution of a finding of guilty under subsection (1), the Court Martial Appeal Court may, except where it allows an appeal under section 240.1, (a) affirm the sentence imposed by the court martial if the court martial could legally have imposed that sentence on the substituted finding of guilty; or (b) substitute for the sentence imposed by the court martial a sentence that is warranted in law. (3) [Repealed, 1991, c. 43, s. 24] R.S., 1985, c. N-5, s. 239; 1991, c. 43, s. 24; 1998, c. 35, s. 69. Appeal against not guilty finding 239.1 (1) On the hearing of an appeal respecting the legality of a finding of not guilty on any charge, the Court Martial Appeal Court may, where it allows the appeal, set aside the finding and (a) direct a new trial by court martial on that charge; or (b) except if the finding is that of a General Court Martial, enter a finding of guilty with respect to the offence for which, in its opinion, the accused person should have been found guilty but for the illegality and (i) impose the sentence in accordance with subsections (2) and (3), or (ii) remit the matter to the court martial and direct it to impose a sentence in accordance with subsections (2) and (3). Where no other finding of guilty (2) Where the Court Martial Appeal Court has entered a finding of guilty and there is no other finding of guilty, the Court or the court martial shall impose a sentence that is warranted in law. Where another finding of guilty (3) Where the Court Martial Appeal Court has entered a finding of guilty and there is another finding of guilty, the Court or the court martial may Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Disposition of Appeals by Court Martial Appeal Court of Canada Sections 239.1-240.2 (a) affirm the sentence imposed by the court martial, if the court martial could legally have imposed the sentence on all of the findings; or (b) substitute for the sentence imposed by the court martial a sentence that is warranted in law. 1991, c. 43, s. 25; 2008, c. 29, s. 24. Appeal against decision 239.2 On the hearing of an appeal respecting the legality of a decision referred to in paragraph 230.1(d), the Court Martial Appeal Court may, if it allows the appeal, set aside the decision and direct a new trial by court martial on the charge. 1991, c. 43, s. 25; 2008, c. 29, s. 25. Substitution of new sentence where illegal sentence set aside 240 On the hearing of an appeal respecting the legality of a sentence imposed by a court martial, the Court Martial Appeal Court, if it allows the appeal, may substitute for the sentence imposed by the court martial a sentence that is warranted in law. R.S., 1985, c. N-5, s. 240; 1991, c. 43, s. 26; 1998, c. 35, s. 70. Appeal against severity of sentence 240.1 On the hearing of an appeal respecting the severity of a sentence, the Court Martial Appeal Court shall consider the fitness of the sentence and, if it allows the appeal, may, on such evidence as it thinks fit to require or receive, substitute for the sentence imposed by the court martial a sentence that is warranted in law. 1991, c. 43, s. 26. Appeal against finding of unfit or not responsible 240.2 (1) On the hearing of an appeal against a finding of unfit to stand trial or not responsible on account of mental disorder, the Court Martial Appeal Court shall, subject to subsection (2), direct a new trial by court martial if it allows the appeal. Finding after close of case for prosecution (2) Where the finding of unfit to stand trial was made after the close of the case for the prosecution, the Court may, notwithstanding that the finding is proper, allow the appeal, set aside the finding and enter a finding of not guilty on any charge if it is of the opinion that the accused should have been acquitted on the charge at the close of the case for the prosecution. 1991, c. 43, s. 26; 2008, c. 29, s. 26. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Disposition of Appeals by Court Martial Appeal Court of Canada Sections 240.3-240.5 Appeal against disposition 240.3 On the hearing of an appeal respecting the legality of a disposition made under section 201, 202 or 202.16, the Court Martial Appeal Court may, where it allows the appeal, set aside the disposition and (a) make any disposition under section 201 or 202.16 that the court martial could have made; (b) except in the case of a disposition made by a General Court Martial, remit the matter to the court martial for a rehearing, in whole or in part, in accordance with any directions that the Court considers appropriate; or (c) make any other order that justice requires. 1991, c. 43, s. 26; 2008, c. 29, s. 27. Appeal 240.4 (1) The Court Martial Appeal Court may allow an appeal against an order made under subsection 202.121(7) for a stay of proceedings, if the Court Martial Appeal Court is of the opinion that the order is unreasonable or cannot be supported by the evidence. Effect (2) If the Court Martial Appeal Court allows the appeal, it may set aside the order for a stay of proceedings and restore the finding that the accused person is unfit to stand trial and the disposition made in respect of the accused person. 2005, c. 22, s. 60. Appeal against order or decision 240.5 (1) On the hearing of an appeal respecting the legality of a decision made under subsection 227.01(2), 227.04(1), 227.1(4) or 227.13(1), the Court Martial Appeal Court, or another court hearing the appeal, may dismiss the appeal, allow it and order a new hearing, quash the order or make an order that may be made under that provision. Requirements relating to notice (2) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.01(2), it shall cause the requirements set out in section 227.05 to be fulfilled. Requirements relating to notice (3) If the Court Martial Appeal Court or other court makes an order that may be made under subsection 227.04(1) or 227.13(1), it shall cause the Provost Marshal to be notified of the decision. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Disposition of Appeals by Court Martial Appeal Court of Canada Sections 240.5-243 Removal of information from database (4) If the Court Martial Appeal Court or other court makes an exemption order that may be made under subsection 227.1(4), it shall also make the order referred to in subsection 227.1(6). 2007, c. 5, s. 9; 2010, c. 17, s. 60; 2013, c. 24, s. 107(F). Special power to disallow appeal 241 Notwithstanding anything in this Division, the Court Martial Appeal Court may disallow an appeal if, in the opinion of the Court, to be expressed in writing, there has been no substantial miscarriage of justice. R.S., 1985, c. N-5, s. 241; 1998, c. 35, s. 92. New sentence 241.1 Where a new sentence is substituted under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the sentence imposed by the court martial ceases to have effect. 1991, c. 43, s. 27. 241.2 [Repealed, 1998, c. 35, s. 71] New trial 241.3 Where the Court Martial Appeal Court directs a new trial on a charge under section 238, 239.1, 239.2 or 240.2, the accused person shall be tried again as if no trial on that charge had been held. 1991, c. 43, s. 27. Powers to suspend new punishment 242 If a punishment included in a sentence has been dealt with under subsection 238(3), 239(2) or 239.1(3) or section 240 or 240.1, the new punishment is subject to suspension in the same manner and to the same extent as if it had been imposed by the court martial that tried the appellant. R.S., 1985, c. N-5, s. 242; 1991, c. 43, s. 28; 2019, c. 15, s. 39. Appeal deemed abandoned 243 Where a review of a disposition in respect of which an appeal is taken under paragraph 230(e) by any person is commenced under the review provisions of the Criminal Code by that person, the appeal shall be deemed to have been abandoned. R.S., 1985, c. N-5, s. 243; 1991, c. 43, s. 29. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Rules of Appeal Procedure Section 244 Rules of Appeal Procedure Chief Justice may make rules 244 (1) The Chief Justice of the Court Martial Appeal Court may, with the approval of the Governor in Council, make rules respecting (a) the seniority of members of the Court for the purpose of presiding at appeals; (b) the practice and procedure to be observed at hearings; (c) the conduct of appeals; (c.1) the conduct of reviews of directions made under Division 3; (d) the production of the minutes of the proceedings of any court martial in respect of which an appeal is taken; (e) the production of all other documents and records relating to an appeal; (f) the extent to which new evidence may be introduced; (g) the circumstances in which, on the hearing of an appeal, the appellant may attend or appear before the Court; (h) the provision for and the payment of fees of counsel for an appellant or a respondent, other than the Minister; (h.1) the awarding and regulating of costs in the Court in favour of or against appellants and respondents; and (i) the circumstances in which an appeal may be considered to be abandoned for want of prosecution, and the summary disposition by the Court of such appeals and of appeals showing no substantial grounds. Publication (2) No rule made under this section has effect until it has been published in the Canada Gazette. R.S., 1985, c. N-5, s. 244; 1998, c. 35, s. 72. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 9 Appeals Appeal to Supreme Court of Canada Sections 245-246 to 248 Appeal to Supreme Court of Canada Appeal by person tried 245 (1) A person subject to the Code of Service Discipline may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Appeal by Minister (2) The Minister, or counsel instructed by the Minister for that purpose, may appeal to the Supreme Court of Canada against a decision of the Court Martial Appeal Court (a) on any question of law on which a judge of the Court Martial Appeal Court dissents; or (b) on any question of law, if leave to appeal is granted by the Supreme Court of Canada. Hearing and determination by Supreme Court of Canada (3) The Supreme Court of Canada, in respect of the hearing and determination of an appeal under this section, has the same powers, duties and functions as the Court Martial Appeal Court has under this Act, and sections 238 to 242 apply with such adaptations and modifications as the circumstances require. When appeal deemed abandoned (4) An appeal to the Supreme Court of Canada that is not brought on for hearing by the appellant at the session of the Supreme Court of Canada during which the judgment appealed from was pronounced by the Court Martial Appeal Court, or at the next session of the Supreme Court of Canada, shall be deemed to be abandoned, unless otherwise ordered by the Supreme Court of Canada or a judge thereof. R.S., 1985, c. N-5, s. 245; R.S., 1985, c. 34 (3rd Supp.), s. 14; 1997, c. 18, s. 134. 246 to 248 [Repealed, 1998, c. 35, s. 73] Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 10 Release Pending Appeal Sections 248.1-248.3 DIVISION 10 Release Pending Appeal Release by court martial 248.1 Every person sentenced to a period of detention or imprisonment by a court martial has, within twentyfour hours after being so sentenced, the right to apply to that court martial or, in any circumstances that may be provided for by regulations made by the Governor in Council, to a military judge, for a direction that the person be released from detention or imprisonment until the expiration of the time to appeal referred to in subsection 232(3) and, if there is an appeal, until the determination of the appeal. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 74. Release by judge of the CMAC 248.2 Every person sentenced to a period of detention or imprisonment by a court martial who appeals under Division 9 has the right, if the person has not applied under section 248.1, to apply to a judge of the Court Martial Appeal Court or, in any circumstances that may be provided for by regulations made by the Governor in Council, to a military judge, for a direction that the person be released from detention or imprisonment until the determination of the appeal. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 74. Court may direct release 248.3 (1) On hearing an application to be released from detention or imprisonment, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released as provided for in sections 248.1 and 248.2 if the person establishes (a) in the case of an application under section 248.1, (i) that the person intends to appeal, (ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment, (iii) that the person will surrender himself into custody when directed to do so, and (iv) that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces; or (b) in the case of an application under section 248.2, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 10 Release Pending Appeal Sections 248.3-248.5 (i) that the appeal is not frivolous, (ii) if the appeal is against sentence only, that it would cause unnecessary hardship if the person were placed or retained in detention or imprisonment, (iii) that the person will surrender himself into custody when directed to do so, and (iv) that the person’s detention or imprisonment is not necessary in the interest of the public or the Canadian Forces. Consideration of victim’s safety and security (2) If the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, directs that the person be released, the court martial, military judge or judge shall include in the direction a statement that the safety and security of every victim of the alleged offence has been considered. Copy to victim (3) The court martial, military judge or judge, as the case may be, shall, on request by a victim of the alleged offence, cause a copy of the direction to be given to the victim. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 75; 2019, c. 15, s. 40. Right of representative of Canadian Forces 248.4 On the hearing of an application to be released, counsel acting on behalf of the Canadian Forces shall be permitted to make representations if counsel so wishes after representations by or on behalf of the person making the application. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 76(F). Undertaking if application granted 248.5 If an application for release is granted, the court martial, the military judge or the judge of the Court Martial Appeal Court, as the case may be, may direct that the person making the application be released on giving an undertaking to (a) remain under military authority; (b) surrender himself or herself into custody when directed to do so; and (c) comply with any other reasonable conditions that are stipulated. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 77. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 10 Release Pending Appeal Sections 248.6-248.81 Release from detention or imprisonment 248.6 Where a person is directed to be released from detention or imprisonment pursuant to this Division, the person in whose custody that person is shall forthwith release that person on his giving the undertaking referred to in section 248.5. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 92. Return to duty 248.7 An officer or non-commissioned member who is released from detention or imprisonment pursuant to this Division shall be returned to duty unless the Chief of the Defence Staff, or an officer designated by the Chief of the Defence Staff, otherwise directs. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 92. Review of conditions 248.8 (1) The conditions of an undertaking referred to in section 248.5 may, on application by the person who gave the undertaking or by counsel for the Canadian Forces, be reviewed by the Court Martial Appeal Court and that Court may (a) confirm the conditions; (b) vary the conditions; or (c) substitute such other conditions as it sees fit. New undertaking (2) Where the conditions of an undertaking referred to in section 248.5 have been varied or substituted pursuant to subsection (1), the person who gave the undertaking shall forthwith be placed in custody unless the person gives an undertaking to comply with such varied or substituted conditions. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, s. 78(F). Breach of undertaking 248.81 (1) Where, on application by counsel for the Canadian Forces, an authority referred to in subsection (2) is satisfied, on cause being shown, that an undertaking given by a person under section 248.5 has been breached or is likely to be breached, that authority may (a) cancel the direction that authorized the person to be released and direct that the person be detained in custody; or (b) direct that the person may remain at liberty on his giving a new undertaking in accordance with section 248.5. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 10 Release Pending Appeal Sections 248.81-248.9 Determination of authority (2) The authority to whom an application under subsection (1) may be made is (a) where the undertaking was given in respect of a direction made pursuant to an application under section 248.1, a military judge; or (b) subject to subsection (3), where the undertaking was given in respect of a direction made pursuant to an application under section 248.2, a judge of the Court Martial Appeal Court. (c) [Repealed, 1998, c. 35, s. 79] Exception (3) In the circumstances provided for in regulations made by the Governor in Council, the authority to whom an application under subsection (1) may be made in respect of a direction made pursuant to an application under section 248.2 is a military judge. Right to make representations (4) The person referred to in subsection (1) has the right to be present at the hearing of the application referred to in that subsection and the right to make representations at that hearing. R.S., 1985, c. 31 (1st Supp.), s. 57; 1993, c. 34, s. 95(F); 1998, c. 35, s. 79. Rules 248.82 The Chief Justice of the Court Martial Appeal Court, with the approval of the Governor in Council, may make rules respecting applications under sections 248.2, 248.8 and 248.81. R.S., 1985, c. 31 (1st Supp.), s. 57. Appeal to CMAC 248.9 (1) The following persons, namely, (a) a person whose application to be released from detention or imprisonment pursuant to this Division is refused, and (b) a person who is the subject of an order under section 248.81 may appeal that decision or order to the Court Martial Appeal Court. Idem (2) The Canadian Forces may appeal any direction under this Division that a person be released from detention or imprisonment or any order under section 248.81. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 10 Release Pending Appeal Sections 248.9-249.1 Grounds may be considered (3) When hearing an appeal under this section, the Court Martial Appeal Court may, in all cases where an appeal has been filed, take into consideration the grounds of appeal. Application of provisions (4) The provisions of this Division apply, with such modifications as the circumstances require, to any appeal under this section. R.S., 1985, c. 31 (1st Supp.), s. 57; 1998, c. 35, ss. 80, 92. Surrender into custody 248.91 A person released pending appeal under this Division may surrender himself or herself into custody at any time to serve a sentence of detention or imprisonment imposed on the person. 1998, c. 35, s. 81. DIVISION 11 Petition for New Trial Right to petition on new evidence 249 (1) Every person who has been tried and found guilty by a court martial has a right, on grounds of new evidence discovered subsequent to the trial, to petition the Minister for a new trial. Reference to CMAC for determination (2) The Minister may refer a petition to the Court Martial Appeal Court for a hearing and determination by that Court as if it were an appeal by the petitioner. Reference to CMAC for opinion (3) The Minister may refer a petition or any question relating to a petition to the Court Martial Appeal Court for its opinion, and that Court shall furnish its opinion accordingly. New trial (4) If the Minister is of the opinion that a petition should be granted, the Minister may order a new trial and the petitioner may be tried again as if no trial had been held. R.S., 1985, c. N-5, s. 249; 1998, c. 35, s. 82; 2019, c. 15, s. 41. Royal prerogative 249.1 Nothing in this Division in any manner limits or affects Her Majesty’s royal prerogative of mercy. 1998, c. 35, s. 82; 2019, c. 15, s. 41. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 11 Petition for New Trial Sections 249.11-249.18 249.11 [Repealed, 2019, c. 15, s. 41] 249.12 [Repealed, 2019, c. 15, s. 41] 249.13 [Repealed, 2019, c. 15, s. 41] 249.14 [Repealed, 2019, c. 15, s. 41] 249.15 [Repealed, 2019, c. 15, s. 41] 249.16 [Repealed, 2019, c. 15, s. 41] DIVISION 12 Miscellaneous Provisions Right to be Represented Right to be represented 249.17 A person who is liable to be charged, dealt with and tried under the Code of Service Discipline has the right to be represented in the circumstances and in the manner prescribed in regulations made by the Governor in Council. 1998, c. 35, s. 82. Defence Counsel Services Appointment 249.18 (1) The Minister may appoint an officer who is a barrister or advocate with at least ten years standing at the bar of a province to be the Director of Defence Counsel Services. Tenure of office (2) The Director of Defence Counsel Services holds office during good behaviour for a term of not more than four years. The Minister may remove the Director of Defence Counsel Services from office for cause on the recommendation of an inquiry committee established under regulations made by the Governor in Council. Powers of inquiry committee (2.1) An inquiry committee has the same powers, rights and privileges — other than the power to punish for contempt — as are vested in a superior court of criminal jurisdiction with respect to (a) the attendance, swearing and examination of witnesses; (b) the production and inspection of documents; (c) the enforcement of its orders; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 12 Miscellaneous Provisions Defence Counsel Services Sections 249.18-249.21 (d) all other matters necessary or proper for the due exercise of its jurisdiction. Re-appointment (3) The Director of Defence Counsel Services is eligible to be re-appointed on the expiration of a first or subsequent term of office. 1998, c. 35, s. 82; 2013, c. 24, s. 71. Duties and functions 249.19 The Director of Defence Counsel Services provides, and supervises and directs the provision of, legal services prescribed in regulations made by the Governor in Council to persons who are liable to be charged, dealt with and tried under the Code of Service Discipline. 1998, c. 35, s. 82. Relationship to Judge Advocate General 249.2 (1) The Director of Defence Counsel Services acts under the general supervision of the Judge Advocate General. General instructions (2) The Judge Advocate General may issue general instructions or guidelines in writing in respect of defence counsel services. Instructions must be public (3) The Director of Defence Counsel Services shall ensure that the general instructions and guidelines are available to the public. 1998, c. 35, s. 82. Barristers and advocates to assist 249.21 (1) The Director of Defence Counsel Services may be assisted by persons who are barristers or advocates with standing at the bar of a province. Counsel (2) The Director of Defence Counsel Services may engage on a temporary basis the services of counsel to assist the Director of Defence Counsel Services. Remuneration (3) The Director of Defence Counsel Services may, subject to any applicable Treasury Board directives, establish the terms and conditions of engagement and fix the remuneration and expenses of counsel engaged under subsection (2). 1998, c. 35, s. 82; 2013, c. 24, s. 72(F). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 12 Miscellaneous Provisions Witnesses at Courts Martial and before Commissioners Sections 249.22-249.24 Witnesses at Courts Martial and before Commissioners Summonses to witnesses 249.22 (1) Every person required to give evidence before a court martial may be summoned by a military judge, the Court Martial Administrator or the court martial. Summonses to witnesses (2) Every person required to give evidence before a commissioner taking evidence under this Act may be summoned by a military judge, the Court Martial Administrator or the commissioner. Production of documents (3) A person summoned under this section may be required to bring and produce at the court martial or before the commissioner taking evidence under this Act any documents in the possession or under the control of the person that relate to the matters in issue. 1998, c. 35, s. 82. Warrant for Arrest on NonAppearance of Accused Non-appearance of accused 249.23 Where an accused person has been duly summoned or ordered to appear before a court martial, the court martial may issue a warrant in the form prescribed in regulations made by the Governor in Council for the arrest of the accused person if the accused person (a) fails to appear as summoned or ordered; or (b) having appeared before the court martial, fails to attend before the court martial as required. 1998, c. 35, s. 82. Effect of New Punishment Force and effect 249.24 If a new punishment is substituted for a punishment imposed by a court martial, the new punishment has force and effect as if it had been imposed by the court martial in the first instance and the provisions of the Code of Service Discipline apply accordingly. However, if the new punishment involves incarceration, the term of the new punishment is to be reckoned from the date of substitution. 1998, c. 35, s. 82; 2019, c. 15, s. 42. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 12 Miscellaneous Provisions Restitution of Property Sections 249.25-249.26 Restitution of Property Restitution of property 249.25 (1) A court martial that finds a person guilty of an offence shall order that any property obtained by the commission of the offence be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled. Restitution where no conviction, but offence committed (2) Where an accused person is tried for an offence but is not convicted and it appears to the court martial that an offence has been committed, the court martial may order that any property obtained by the commission of the offence shall be restored to the person apparently entitled to it if, at the time of the trial, the property is before the court martial or has been detained so that it can be immediately restored under the order to the person so entitled. Exceptions (3) An order shall not be made in respect of (a) property to which an innocent purchaser for value has acquired lawful title; (b) a valuable security that has been paid or discharged in good faith by a person who was liable to pay or discharge it; or (c) a negotiable instrument that has, in good faith, been taken or received by transfer or delivery for valuable consideration by a person who had no notice and no reasonable cause to suspect that an offence had been committed. Execution of order for restitution (4) An order made under this section shall be executed by the persons by whom the process of the court martial is ordinarily executed. 1998, c. 35, s. 82; 2013, c. 24, s. 74; 2019, c. 15, s. 46; 2019, c. 15, s. 63. Reference to Ranks Reference to ranks 249.26 Every reference in this Part to the rank of an officer or non-commissioned member includes a person Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART III Code of Service Discipline DIVISION 12 Miscellaneous Provisions Reference to Ranks Sections 249.26-250 who holds any equivalent relative rank, whether that person is attached, seconded or on loan to the Canadian Forces. 1998, c. 35, s. 82. Criminal Record Convictions for certain offences 249.27 (1) A person who is convicted of any of the following offences, or who has been convicted of any of them before the coming into force of this section, has not been convicted of a criminal offence: (a) an offence described in section 85, 86, 87, 89, 90, 91, 95, 96, 97, 99, 101, 101.1, 102, 103, 108, 109, 112, 116, 117, 118, 118.1, 120, 121, 122, 123, 126 or 129 for which the offender is sentenced to one or more of the following punishments: (i) a severe reprimand, (ii) a reprimand, (iii) a fine not exceeding basic pay for one month, or (iv) a minor punishment; (b) an offence under section 130 that constitutes a contravention within the meaning of the Contraventions Act. Criminal Records Act (2) An offence referred to in paragraph (1)(a) or (b) does not constitute an offence for the purposes of the Criminal Records Act. 2013, c. 24, s. 75; 2019, c. 15, s. 63. PART IV Complaints About or by Military Police Interpretation Definitions 250 The definitions in this section apply in this Part. Chairperson means the Chairperson of the Complaints Commission. (président) Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police Interpretation Sections 250-250.1 Complaints Commission means the Military Police Complaints Commission established by subsection 250.1(1). (Commission) conduct complaint means a complaint about the conduct of a member of the military police made under subsection 250.18(1). (plainte pour inconduite) interference complaint means a complaint about interference with a military police investigation made under subsection 250.19(1). (plainte pour ingérence) military police [Repealed, 2013, c. 24, s. 76] Provost Marshal [Repealed, 2007, c. 5, s. 10] R.S., 1985, c. N-5, s. 250; 1998, c. 35, s. 82; 2007, c. 5, s. 10; 2013, c. 24, s. 76. DIVISION 1 Military Police Complaints Commission Establishment and Organization Commission established 250.1 (1) There is established a commission, called the Military Police Complaints Commission, consisting of a Chairperson and not more than four other members to be appointed by the Governor in Council. Full- or part-time (2) Each member holds office as a full-time or a parttime member. Tenure of office and removal (3) Each member holds office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council for cause. Re-appointment (4) A member is eligible to be re-appointed on the expiration of a first or subsequent term of office. Duties of full-time members (5) Full-time members shall devote the whole of their time to the performance of their duties under this Act. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 1 Military Police Complaints Commission Establishment and Organization Section 250.1 Conflict of interest — part-time members (6) Part-time members may not accept or hold any office or employment during their term of office that is inconsistent with their duties under this Act. Eligibility (7) An officer, a non-commissioned member or an employee of the Department is not eligible to be a member of the Complaints Commission. Remuneration (8) The members are entitled to be paid for their services the remuneration and allowances fixed by the Governor in Council. Travel and living expenses (9) The members are entitled to be paid reasonable travel and living expenses incurred by them in the course of their duties while absent from their ordinary place of work, if full-time members, or their ordinary place of residence, if part-time members, subject to any applicable Treasury Board directives. Status of members (10) The members are deemed (a) to be employed in the public service for the purposes of the Public Service Superannuation Act; (b) to be employees for the purposes of the Government Employees Compensation Act; and (c) to be employed in the federal public administration for the purposes of any regulations made pursuant to section 9 of the Aeronautics Act. Oath of office (11) Every member shall, before commencing the duties of office, take the following oath of office: I, ............. , do solemnly swear (or affirm) that I will faithfully and honestly fulfil my duties as a member of the Military Police Complaints Commission in conformity with the requirements of the National Defence Act, and of all rules and instructions under that Act applicable to the Military Police Complaints Commission, and that I will not disclose or make known to any person not legally entitled to it any knowledge or information obtained by me by reason of my office. (And in the case of an oath: So help me God.) 1998, c. 35, s. 82; 2003, c. 22, ss. 224(E), 225(E); 2010, c. 12, s. 1755; 2013, c. 24, s. 77(F). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 1 Military Police Complaints Commission Chairperson Sections 250.11-250.13 Chairperson Chief executive officer 250.11 (1) The Chairperson is the chief executive officer of the Complaints Commission and has supervision over and direction of its work and staff. Absence or incapacity (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Minister may authorize any member of the Complaints Commission to exercise the powers and perform the duties and functions of the Chairperson. Delegation (3) The Chairperson may delegate to a member of the Complaints Commission any of the Chairperson’s powers, duties or functions under this Act, except the power to delegate under this subsection and the duty to submit an annual report under subsection 250.17(1). 1998, c. 35, s. 82. Head Office Head Office 250.12 The head office of the Complaints Commission shall be at the place in Canada designated by the Governor in Council. 1998, c. 35, s. 82. Staff Staff 250.13 (1) The employees that are necessary for the proper conduct of the work of the Complaints Commission shall be appointed in accordance with the Public Service Employment Act. Experts (2) The Complaints Commission may, with the approval of the Treasury Board, engage on a temporary basis the services of counsel and other persons having technical or specialized knowledge to assist the Complaints Commission in its work, establish the terms and conditions of their engagement and fix and pay their remuneration and expenses. 1998, c. 35, s. 82. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 1 Military Police Complaints Commission Duty to Act Expeditiously Sections 250.14-250.17 Duty to Act Expeditiously Duty to act expeditiously 250.14 The Complaints Commission shall deal with all matters before it as informally and expeditiously as the circumstances and the considerations of fairness permit. 1998, c. 35, s. 82. Rules Rules 250.15 The Chairperson may make rules respecting (a) the manner of dealing with matters and business before the Complaints Commission, including the conduct of investigations and hearings by the Complaints Commission; (b) the apportionment of the work of the Complaints Commission among its members and the assignment of members to review complaints; and (c) the performance of the duties and functions of the Complaints Commission. 1998, c. 35, s. 82. Immunity Protection of members 250.16 No criminal or civil proceedings lie against any member of the Complaints Commission, or against any person acting on behalf of the Complaints Commission, for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the Complaints Commission. 1998, c. 35, s. 82. Annual Report Annual Report 250.17 (1) The Chairperson shall, within three months after the end of each year, submit to the Minister a report of the Complaints Commission’s activities during that year and its recommendations, if any. Tabling in Parliament (2) The Minister shall have a copy of the report laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it. 1998, c. 35, s. 82. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints Sections 250.18-250.19 DIVISION 2 Complaints SUBDIVISION 1 Right to Complain Conduct Complaints Complaints about military police 250.18 (1) Any person, including any officer or noncommissioned member, may make a complaint under this Division about the conduct of a member of the military police in the performance of any of the policing duties or functions that are prescribed for the purposes of this section in regulations made by the Governor in Council. Complainant need not be affected (2) A conduct complaint may be made whether or not the complainant is affected by the subject-matter of the complaint. No penalty for complaint (3) A person may not be penalized for exercising the right to make a conduct complaint so long as the complaint is made in good faith. 1998, c. 35, s. 82; 2013, c. 24, s. 78. Interference Complaints Complaints by military police 250.19 (1) Any member of the military police who conducts or supervises a military police investigation, or who has done so, and who believes on reasonable grounds that any officer or non-commissioned member or any senior official of the Department has improperly interfered with the investigation may make a complaint about that person under this Division. Improper interference (2) For the purposes of this section, improper interference with an investigation includes intimidation and abuse of authority. No penalty for complaint (3) A person may not be penalized for exercising the right to make an interference complaint so long as the complaint is made in good faith. 1998, c. 35, s. 82; 2013, c. 24, s. 79. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints SUBDIVISION 1 Right to Complain Sections 250.2-250.22 Time Limit Time limit 250.2 No complaint may be made more than one year after the event giving rise to the complaint unless the Chairperson, at the request of the complainant, decides that it is reasonable in the circumstances to extend the time. 1998, c. 35, s. 82. To Whom Complaint May be Made To whom complaint may be made 250.21 (1) A conduct complaint or an interference complaint may be made, either orally or in writing, to the Chairperson, the Judge Advocate General or the Provost Marshal. A conduct complaint may also be made to any member of the military police. Acknowledgement and notice of complaint (2) The person who receives a complaint shall (a) if the complaint is not in writing, put it in writing; (b) ensure that an acknowledgement of its receipt is sent as soon as practicable to the complainant; and (c) ensure that notice of the complaint is sent as soon as practicable (i) in the case of a conduct complaint, to the Chairperson and the Provost Marshal, (ii) in the case of an interference complaint concerning an officer or a non-commissioned member, to the Chairperson, the Chief of the Defence Staff, the Judge Advocate General and the Provost Marshal, and (iii) in the case of an interference complaint concerning a senior official of the Department, to the Chairperson, the Deputy Minister, the Judge Advocate General and the Provost Marshal. 1998, c. 35, s. 82; 2013, c. 24, ss. 80(F), 107(F). Notice to subject of conduct complaint 250.22 As soon as practicable after receiving or being notified of a conduct complaint, the Provost Marshal shall send a written notice of the substance of the complaint to the person whose conduct is the subject of the complaint unless, in the Provost Marshal’s opinion, to do so might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, s. 81(F). Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints SUBDIVISION 1 Right to Complain Sections 250.23-250.261 Notice to subject of interference complaint 250.23 As soon as practicable after receiving or being notified of an interference complaint, the Chairperson shall send a written notice of the substance of the complaint to the person who is the subject of the complaint unless, in the Chairperson’s opinion, to do so might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, s. 108(F). Withdrawal of Complaint Withdrawal 250.24 (1) A complainant may withdraw a complaint by sending a written notice to the Chairperson. Notice of withdrawal (2) The Chairperson shall send a notice in writing of the withdrawal to the Provost Marshal and the person who was the subject of the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 82(F). Record of Complaints Record of complaints 250.25 The Provost Marshal shall establish and maintain a record of all complaints received under this Division and, on request, make available any information contained in that record to the Complaints Commission. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Subdivision 2 Disposal of Conduct Complaints Provost Marshal responsible 250.26 (1) The Provost Marshal is responsible for dealing with conduct complaints. Complaint about Provost Marshal (2) If a conduct complaint is about the conduct of the Provost Marshal, the Chief of the Defence Staff is responsible for dealing with the complaint and has all the powers and duties of the Provost Marshal under this Division. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Deadline for resolving or disposing of complaint 250.261 The Provost Marshal shall resolve or dispose of a conduct complaint — other than a complaint that results in an investigation of an alleged criminal or service offence — within one year after receiving or being notified of it. 2013, c. 24, s. 83. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints Subdivision 2 Section 250.27 Informal resolution 250.27 (1) On receiving or being notified of a conduct complaint, the Provost Marshal shall consider whether it can be disposed of informally and, with the consent of the complainant and the person who is the subject of the complaint, the Provost Marshal may attempt to resolve it informally. Restriction (2) Subsection (1) does not apply if the complaint is of a type prescribed in regulations made by the Governor in Council. Statements not admissible (3) No answer given or statement made by the complainant or the person who is the subject of the complaint in the course of attempting to resolve a complaint informally may be used in any disciplinary, criminal, civil or administrative proceedings, other than a hearing or proceeding in respect of an allegation that, with intent to mislead, the complainant or the person who is the subject of the complaint gave an answer or made a statement knowing it to be false. Right to refuse or end informal resolution (4) The Provost Marshal may direct that no attempt at informal resolution be started or that an attempt be ended if, in the opinion of the Provost Marshal, (a) the complaint is frivolous, vexatious or made in bad faith; or (b) the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament. Notice (5) If a direction is made under subsection (4), the Provost Marshal shall send to the complainant and the person who is the subject of the complaint a notice in writing setting out (a) the direction and the reasons why it was made; and (b) the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the direction. Record of informal resolution (6) If a conduct complaint is resolved informally, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints Subdivision 2 Sections 250.27-250.29 (a) the details of its resolution must be set out in writing; (b) the complainant and the person who is the subject of the complaint must give their written agreement to the resolution of the complaint; and (c) the Provost Marshal must notify the Chairperson of the resolution of the complaint. 1998, c. 35, s. 82; 2013, c. 24, ss. 84(F), 107(F), 108(F). Duty to investigate 250.28 (1) Subject to any attempts at informal resolution, the Provost Marshal shall investigate a conduct complaint as soon as practicable. Right to refuse or end investigation (2) The Provost Marshal may direct that no investigation of a conduct complaint be started or that an investigation be ended if, in the opinion of the Provost Marshal, (a) the complaint is frivolous, vexatious or made in bad faith; (b) the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament; or (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable. Notice (3) If a direction is made under subsection (2), the Provost Marshal shall send to the complainant and, if the person who is the subject of the complaint was notified of the complaint under section 250.22, to that person, a notice in writing setting out (a) the direction and the reasons why it was made; and (b) the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the direction. 1998, c. 35, s. 82; 2013, c. 24, ss. 85(F), 107(F). Report on investigation 250.29 On the completion of an investigation into a conduct complaint, the Provost Marshal shall send to the complainant, the person who is the subject of the complaint and the Chairperson a report setting out (a) a summary of the complaint; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints Subdivision 2 Sections 250.29-250.31 (b) the findings of the investigation; (c) a summary of any action that has been or will be taken with respect to disposition of the complaint; and (d) the right of the complainant to refer the complaint to the Complaints Commission for review if the complainant is not satisfied with the disposition of the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 86(F). Status reports 250.3 (1) Within sixty days after receiving or being notified of a conduct complaint, the Provost Marshal shall, if the complaint has not been resolved or disposed of before that time, and then each thirty days afterwards until the complaint is dealt with, send to the following persons a report on the status of the complaint: (a) the complainant; (b) the person who is the subject of the complaint; and (c) the Chairperson. Six-month report (2) If a conduct complaint has not been resolved or disposed of within six months, the Provost Marshal shall in each report sent after that period explain why not. Exception (3) No report shall be sent to the person who is the subject of a conduct complaint if, in the opinion of the Provost Marshal, sending the report might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, ss. 87(F), 108(F). Review by Complaints Commission Reference to Complaints Commission 250.31 (1) A complainant who is dissatisfied with a direction under subsection 250.27(4) or 250.28(2) in respect of a conduct complaint or the disposition of a conduct complaint as set out in a report under section 250.29 may refer the complaint in writing to the Complaints Commission for review. Information to be provided (2) If a complainant refers a complaint to the Complaints Commission under subsection (1), (a) the Chairperson shall send to the Provost Marshal a copy of the complaint; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints Subdivision 2 Sections 250.31-250.34 (b) the Provost Marshal shall provide the Chairperson with a copy of the notice sent under subsection 250.27(5) or 250.28(3), or of the report sent under section 250.29, in respect of the complaint and all information and materials relevant to the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Review by Chairperson 250.32 (1) The Chairperson shall review the complaint to which a request for review relates as soon as practicable after receiving the request. Chairperson may investigate (2) In conducting a review of a complaint, the Chairperson may investigate any matter relating to the complaint. Report (3) At the completion of the review, the Chairperson shall send a report to the Minister, the Chief of the Defence Staff and the Provost Marshal setting out the Chairperson’s findings and recommendations with respect to the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Status reports 250.33 (1) Within sixty days after a complaint is referred to the Commission for a review, the Chairperson shall, if the review has not been completed, and then each thirty days afterwards until it is completed, send a report on the status of the complaint to the complainant and the person who is the subject of the complaint. Six-month report (2) If the review has not been completed within six months, the Chairperson shall in each report sent after that period explain why not. Exception (3) No report shall be sent to the person who is the subject of a conduct complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, s. 108(F). SUBDIVISION 3 Disposal of Interference Complaints Responsibility 250.34 (1) The Chairperson is responsible for dealing with interference complaints. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints SUBDIVISION 3 Disposal of Interference Complaints Sections 250.34-250.36 Investigation may be by Provost Marshal (2) If the Chairperson considers it appropriate to do so, the Chairperson may ask the Provost Marshal to investigate an interference complaint. Reasons for refusal (3) If the Provost Marshal does not consent to investigate, the Provost Marshal shall notify the Chairperson in writing of the reason why the consent was not given. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Duty to investigate 250.35 (1) The Chairperson or the Provost Marshal, as the case may be, shall investigate an interference complaint as soon as practicable. Right to refuse or end investigation (2) The Chairperson may direct that no investigation of an interference complaint be started or that an investigation be ended if, in the Chairperson’s opinion, (a) the complaint is frivolous, vexatious or made in bad faith; (b) the complaint is one that could more appropriately be dealt with according to a procedure provided under another Part of this Act or under any other Act of Parliament; or (c) having regard to all the circumstances, investigation or further investigation is not necessary or reasonably practicable. Notice (3) If the Chairperson makes a direction, the Chairperson shall send to the complainant, the person who is the subject of the complaint, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a notice in writing setting out the direction and the reasons why it was made. 1998, c. 35, s. 82; 2013, c. 24, ss. 88(F), 107(F). Report on investigation 250.36 On the completion of an investigation into an interference complaint, the Chairperson shall prepare and send a report setting out a summary of the complaint and the Chairperson’s findings and recommendations to (a) the Minister; (b) the Chief of the Defence Staff, in the case of a complaint against an officer or a non-commissioned member; Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 2 Complaints SUBDIVISION 3 Disposal of Interference Complaints Sections 250.36-250.38 (c) the Deputy Minister, in the case of a complaint against a senior official of the Department; (d) the Judge Advocate General; and (e) the Provost Marshal. 1998, c. 35, s. 82; 2013, c. 24, ss. 89(F), 107(F). Status reports 250.37 (1) Within sixty days after being notified of an interference complaint, the Chairperson shall, if the complaint has not been resolved, disposed of or otherwise dealt with before that time, and then each thirty days afterwards until the complaint is dealt with, send a report on the status of the complaint to (a) the complainant; (b) the person who is the subject of the complaint; (c) the Judge Advocate General; and (d) the Provost Marshal. Six-month report (2) If a complaint has not been dealt with within six months, the Chairperson shall in each report sent after that period explain why not. Exception (3) No report shall be sent to the person who is the subject of a complaint if, in the Chairperson’s opinion, sending the report might adversely affect or hinder any investigation under this Act. 1998, c. 35, s. 82; 2013, c. 24, ss. 107(F), 108(F). DIVISION 3 Investigations and Hearings by Complaints Commission Public interest 250.38 (1) If at any time the Chairperson considers it advisable in the public interest, the Chairperson may cause the Complaints Commission to conduct an investigation and, if warranted, to hold a hearing into a conduct complaint or an interference complaint. Withdrawn complaint (2) The Chairperson may cause an investigation to be held in respect of a complaint even if it has been withdrawn. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 3 Investigations and Hearings by Complaints Commission Sections 250.38-250.4 Notice (3) If the Chairperson decides to cause an investigation to be held, the Chairperson shall send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal. Exception (4) No notice shall be sent to the person who is the subject of the complaint if, in the Chairperson’s opinion, sending the notice might adversely affect or hinder any investigation under this Act. Duties suspended (5) If the Chairperson acts in respect of a conduct complaint under subsection (1), the Provost Marshal is not required to investigate, report on or otherwise deal with the complaint until the Provost Marshal receives a report under section 250.53 with respect to the complaint. 1998, c. 35, s. 82; 2013, c. 24, ss. 90(F), 107(F), 108(F). Report on investigation 250.39 On completion of an investigation under subsection 250.38(1), the Chairperson shall prepare and send to the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint, unless the Chairperson has caused, or intends to cause, a hearing to be held to inquire into the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). Assignment of members to conduct hearing 250.4 (1) If the Chairperson decides to cause a hearing to be held, the Chairperson shall (a) assign one or more members of the Complaints Commission to conduct the hearing; and (b) send a notice in writing of the decision and the reasons for the decision to the complainant, the person who is the subject of the complaint, the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 3 Investigations and Hearings by Complaints Commission Sections 250.4-250.42 Deeming (2) For the purposes of this Part, the member or members of the Complaints Commission who conduct a hearing are deemed to be the Complaints Commission. 1998, c. 35, s. 82; 2013, c. 24, s. 91(F). Powers 250.41 (1) When conducting a hearing, the Complaints Commission has, in relation to the complaint before it, power (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath and to produce any documents and things under their control that it considers necessary to the full investigation and consideration of matters before it; (b) to administer oaths; and (c) to receive and accept any evidence and information that it sees fit, whether admissible in a court of law or not. Restriction (2) Notwithstanding subsection (1), the Complaints Commission may not receive or accept (a) any evidence or other information that would be inadmissible in a court of law by reason of any privilege under the law of evidence; (b) any answer given or statement made before a board of inquiry or summary investigation; (c) any answer or statement that tends to criminate the witness or subject the witness to any proceeding or penalty and that was in response to a question at a hearing under this Division into another complaint; (d) any answer given or statement made before a court of law or tribunal; or (e) any answer given or statement made while attempting to resolve a conduct complaint informally under subsection 250.27(1). 1998, c. 35, s. 82. Hearing in public 250.42 A hearing is to be held in public, except that the Complaints Commission may order the hearing or any part of the hearing to be held in private if it is of the opinion that during the course of the hearing any of the following information will likely be disclosed: Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 3 Investigations and Hearings by Complaints Commission Sections 250.42-250.45 (a) information that, if disclosed, could reasonably be expected to be injurious to the defence of Canada or any state allied or associated with Canada or the detection, prevention or suppression of subversive or hostile activities; (b) information that, if disclosed, could reasonably be expected to be injurious to the administration of justice, including law enforcement; and (c) information affecting a person’s privacy or security interest, if that interest outweighs the public’s interest in the information. 1998, c. 35, s. 82; 2015, c. 3, s. 134(F). Notice of hearing 250.43 (1) As soon as practicable before the commencement of a hearing, the Complaints Commission shall serve a notice in writing of the time and place appointed for the hearing on the complainant and the person who is the subject of the complaint. Convenience to be considered (2) If a person on whom a notice is served wishes to appear before the Complaints Commission, the Complaints Commission must consider the convenience of that person in fixing the time and the place for the hearing. Delay of hearing (3) If the complaint relates to conduct that is also the subject of disciplinary or criminal proceedings before a court or tribunal of first instance, the hearing may not take place until the disciplinary or criminal proceedings are completed. 1998, c. 35, s. 82; 2013, c. 24, s. 92(F). Rights of persons interested 250.44 The Complaints Commission shall afford a full and ample opportunity, in person or by counsel, to present evidence, to cross-examine witnesses and to make representations at the hearing to (a) the complainant and the person who is the subject of the complaint, if they wish to appear; and (b) any other person who satisfies the Complaints Commission that the person has a substantial and direct interest in the hearing. 1998, c. 35, s. 82; 2013, c. 24, s. 93(F). Witness not excused from testifying 250.45 (1) In a hearing, no witness shall be excused from answering any question relating to the complaint before the Complaints Commission when required to do so by the Complaints Commission on the ground that the Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 3 Investigations and Hearings by Complaints Commission Sections 250.45-250.49 answer to the question may tend to criminate the witness or subject the witness to any proceeding or penalty. Answer not receivable (2) No answer given or statement made by a witness in response to a question described in subsection (1) may be used or receivable against the witness in any disciplinary, criminal, administrative or civil proceeding, other than a hearing or proceeding in respect of an allegation that the witness gave the answer or made the statement knowing it to be false. 1998, c. 35, s. 82. Expenses 250.46 Travel and living expenses incurred in appearing before the Complaints Commission shall, in the discretion of the Complaints Commission, be paid in accordance with applicable Treasury Board directives, to the complainant and to the person who is the subject of the complaint, and to their counsel, if the Complaints Commission holds a hearing at a place in Canada that is not their ordinary place of residence. 1998, c. 35, s. 82; 2013, c. 24, s. 108(F). Return of documents, etc. 250.47 Documents and things presented to the Complaints Commission at a hearing shall, on request, be returned to the person who presented them within a reasonable time after completion of the Complaints Commission’s report on the complaint. 1998, c. 35, s. 82. Report 250.48 On completion of a hearing, the Complaints Commission shall prepare and send to the Minister, the Chief of the Defence Staff or the Deputy Minister, as the case may be, the Judge Advocate General and the Provost Marshal a report in writing setting out its findings and recommendations with respect to the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 107(F). DIVISION 4 Review and Final Report Review — conduct complaint 250.49 (1) On receipt of a report under subsection 250.32(3) or section 250.39 or 250.48 in respect of a conduct complaint, the Provost Marshal shall review the complaint in light of the findings and recommendations set out in the report. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 4 Review and Final Report Sections 250.49-250.53 Exception (2) If the Provost Marshal is the subject of the complaint, the review shall be conducted by the Chief of the Defence Staff. 1998, c. 35, s. 82; 2013, c. 24, ss. 94(F), 107(F). Review — interference complaint 250.5 (1) On receipt of a report under section 250.36, 250.39 or 250.48 in respect of an interference complaint, the complaint shall be reviewed in light of the findings and recommendations set out in the report by (a) the Chief of the Defence Staff, if the person who is the subject of the complaint is an officer or a noncommissioned member; and (b) the Deputy Minister, if the person who is the subject of the complaint is a senior official of the Department. Exception (2) If the Chief of the Defence Staff or the Deputy Minister is the subject of the complaint, the review shall be conducted by the Minister. 1998, c. 35, s. 82; 2013, c. 24, s. 95(F). Notice of action 250.51 (1) The person who reviews a report under section 250.49 or 250.5 shall notify in writing the Minister and the Chairperson of any action that has been or will be taken with respect to the complaint. Reasons (2) If the person decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice. 1998, c. 35, s. 82. Notice of action 250.52 (1) If the Minister reviews a report by reason of subsection 250.5(2), the Minister shall notify the Chairperson in writing of any action that has been or will be taken with respect to the complaint. Reasons (2) If the Minister decides not to act on any findings or recommendations set out in the report, the reasons for not so acting must be included in the notice. 1998, c. 35, s. 82. Final report by Chairperson 250.53 (1) After receiving and considering a notice sent under section 250.51 or 250.52, the Chairperson shall Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART IV Complaints About or by Military Police DIVISION 4 Review and Final Report Sections 250.53-251.1 prepare a final report in writing setting out the Chairperson’s findings and recommendations with respect to the complaint. Recipients of report (2) A copy of the final report shall be sent to the Minister, the Deputy Minister, the Chief of the Defence Staff, the Judge Advocate General, the Provost Marshal, the complainant, the person who is the subject of the complaint and all persons who have satisfied the Complaints Commission that they have a substantial and direct interest in the complaint. 1998, c. 35, s. 82; 2013, c. 24, s. 96(F). PART V Miscellaneous Provisions Having General Application Oaths Oaths 251 At summary hearings and courts martial, and at proceedings before a military judge, board of inquiry or commissioner taking evidence under this Act, an oath must be taken by or administered to the following persons in the manner and in the forms prescribed in regulations made by the Governor in Council: (a) the officer conducting the summary hearing; (b) the judge presiding at the court martial; (c) each member of the panel of the court martial; (d) each member of the board of inquiry; (e) the commissioner; (f) court reporters; (g) interpreters; and (h) subject to section 16 of the Canada Evidence Act, witnesses. R.S., 1985, c. N-5, s. 251; 1998, c. 35, s. 82; 2019, c. 15, s. 43. Solemn affirmation instead of oath 251.1 (1) A person who is required to take an oath under this Act may, instead of taking an oath, make a solemn affirmation. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Oaths Sections 251.1-252 Effect (2) A solemn affirmation has the same force and effect as an oath. Prosecutions under the Criminal Code (3) An oath or a solemn affirmation under this Act has, in respect of any prosecution under the Criminal Code, the same force and effect as an oath taken before a civil court. 1998, c. 35, s. 82. Witness Fees and Allowances Witness fees and allowances 251.2 A person, other than an officer or non-commissioned member or an officer or employee of the Department, summoned or attending to give evidence before a court martial, the Grievances Committee, the Military Judges Inquiry Committee, the Military Police Complaints Commission, a board of inquiry, a commissioner taking evidence under this Act or any inquiry committee established under the regulations is entitled in the discretion of that body to receive the like fees and allowances for so doing as if summoned to attend before the Federal Court. 1998, c. 35, s. 82; 2013, c. 24, ss. 97, 106(E). Disposal by Civil Authorities of Deserters and Absentees without Leave Definition of justice 252 (1) For the purposes of this section and sections 253 and 254, justice means a justice as defined in the Criminal Code. Powers of arrest on reasonable grounds (2) Any peace officer who on reasonable grounds believes or, if no peace officer is immediately available, any officer or non-commissioned member who believes on reasonable grounds that a person is a deserter or an absentee without leave may apprehend that person and forthwith bring the person before a justice. Issue of warrant (3) A justice, if satisfied by evidence on oath that a deserter or an absentee without leave is, or is believed on reasonable grounds to be, within the jurisdiction of that justice, may issue a warrant authorizing the deserter or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Disposal by Civil Authorities of Deserters and Absentees without Leave Sections 252-253 absentee without leave to be apprehended and brought forthwith before that or any other justice. Justice’s power to examine into case (4) Where a person is brought before a justice charged with being a deserter or absentee without leave under this Act, the justice may examine into the case in like manner as if that person were brought before the justice accused of an indictable offence. R.S., 1985, c. N-5, s. 252; R.S., 1985, c. 31 (1st Supp.), s. 58. Disposal of person brought before justice 253 (1) A justice, if satisfied either by evidence on oath or by the admission of a person brought before the justice under section 252 that the person is a deserter or absentee without leave, shall cause him to be delivered into service custody in such manner as the justice may deem most expedient and, until the person can be so delivered, the justice may cause the person to be held in civil custody for such time as appears to the justice reasonably necessary for the purpose of delivering the person into service custody. Verification of admission (2) Where a person has admitted to being a deserter or absentee without leave and evidence of the truth or falsehood of the admission is not then forthcoming, the justice before whom the person is brought shall remand him for the purpose of obtaining information respecting the truth or falsehood of the admission and, for that purpose, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe. Remands (3) A justice before whom a person is brought under section 252 may from time to time remand him for a period not exceeding eight days on each appearance before the justice, but the whole period during which a person is so remanded shall not be longer than appears to the justice reasonably necessary for the purpose of obtaining the information referred to in subsection (2). Report following disposal (4) Where a justice before whom a person is brought under section 252 causes him to be delivered into service custody or to be held in civil custody, the justice shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe. R.S., c. N-4, s. 214. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Disposal by Civil Authorities of Deserters and Absentees without Leave Sections 254-256 Delivery by constable into service custody 254 (1) Where a person surrenders himself to a constable and admits desertion or absence without leave, the constable in charge of the police station to which the person is brought shall forthwith inquire into the case and, if from the admission it appears to the constable on inquiring into the case that the person is a deserter or absentee without leave, the constable may cause the person to be delivered into service custody, without bringing the person before a justice. Report where person delivered into service custody (2) Where a constable causes a person to be delivered into service custody pursuant to subsection (1), the constable shall transmit a report, which shall contain the particulars and be in the form prescribed by the Minister, to such authorities of the Canadian Forces as the Minister may prescribe. R.S., c. N-4, s. 214. Certificate of Civil Courts Transmission of certificate where person tried civilly 255 Where any person subject to the Code of Service Discipline has at any time been tried by a civil court, the clerk of that court or other authority having custody of the records of the court shall, if required by any officer of the Canadian Forces, transmit to that officer a certificate setting out the offence for which that person was tried, together with the judgment or order of the court thereon, and shall be allowed for that certificate the fee authorized by law. R.S., c. N-4, s. 215. Duties respecting Incarceration Execution of warrants 256 (1) Every warden, governor, jailer, commanding officer, commandant or other keeper of a penitentiary, civil prison, service prison or detention barrack shall take cognizance of any warrant of committal purporting to be signed by a committing authority referred to in section 219 or 220, shall receive and detain, according to the exigency of that warrant, the person referred to therein and delivered into the custody of that warden, governor, jailer, commanding officer, commandant or other keeper, as the case may be, and shall confine that person until discharged or delivered over in due course of law. (2) [Repealed, 1991, c. 43, s. 30] R.S., 1985, c. N-5, s. 256; 1991, c. 43, s. 30. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Manoeuvres Sections 257-261 Manoeuvres Authorization by Minister 257 (1) For the purpose of training the Canadian Forces, the Minister may authorize the execution of military exercises or movements, referred to in this section as “manoeuvres”, over and on such parts of Canada and during such periods as are specified. Notice (2) Notice of manoeuvres shall, by appropriate publication, be given to the inhabitants of any area concerned. Powers (3) Units and other elements of the Canadian Forces may execute manoeuvres on and pass over such areas as are specified under subsection (1), stop or control all traffic thereover whether by water, land or air, draw water from such sources as are available, and do all things reasonably necessary for the execution of the manoeuvres. Interference (4) Any person who wilfully obstructs or interferes with manoeuvres authorized under this section and any animal, vehicle, vessel or aircraft under the person’s control may be forcibly removed by any constable or by any officer, or by any non-commissioned member on the order of any officer. Bar of action (5) No action lies by reason only of the execution of manoeuvres authorized under this section. R.S., 1985, c. N-5, s. 257; R.S., 1985, c. 31 (1st Supp.), s. 60. 258 and 259 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 74] Compensation 260 Any person who suffers loss, damage or injury by reason of the exercise of any of the powers conferred by section 257 shall be compensated from the Consolidated Revenue Fund. R.S., 1985, c. N-5, s. 260; R.S., 1985, c. 22 (4th Supp.), s. 74. Exemption from Tolls Duties or tolls on roads, bridges, etc. 261 (1) No duties or tolls, otherwise payable by law in respect of the use of any pier, wharf, quay, landing-place, Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Exemption from Tolls Sections 261-264 highway, road, right-of-way, bridge or canal, shall be paid by or demanded from any unit or other element of the Canadian Forces or any officer or non-commissioned member when on duty or any person under escort or in respect of the movement of any materiel, except that the Minister may authorize payment of duties and tolls in respect of that use. Exception (2) Nothing in this section affects the liability for payment of duties or tolls lawfully demandable in respect of any vehicles or vessels other than those belonging to or in the service of Her Majesty. R.S., 1985, c. N-5, s. 261; R.S., 1985, c. 31 (1st Supp.), s. 60. Ships in Convoy Master of merchant ship to obey convoying officer 262 Every master or other person in command of a merchant or other vessel under the convoy of any of Her Majesty’s Canadian ships shall obey the directions of the commanding officer of the convoy or the directions of the commanding officer of any of Her Majesty’s Canadian ships in all matters relating to the navigation or security of the convoy and shall take such precautions for avoiding the enemy as may be directed by any such commanding officer and, if the master or other person fails to obey the directions, that commanding officer may compel obedience by force of arms, without being liable for any loss of life or property that may result from the use of that force. R.S., c. N-4, s. 222. Salvage Crown may claim for salvage services 263 Where salvage services are rendered by or with the aid of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces, Her Majesty may claim salvage for those services and has the same rights and remedies in respect of those services as any other salvor would have had if the vessel or aircraft had belonged to that other salvor. R.S., c. N-4, s. 223. Consent of Minister to salvage claim 264 (1) No claim for salvage services by the commander or crew or part of the crew of a vessel or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces shall be finally adjudicated on unless Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Salvage Sections 264-267 the consent of the Minister to the prosecution of the claim is proved. Time for giving consent (2) For the purpose of this section, the consent of the Minister may be given at any time before final adjudication. Evidence of consent (3) Any document purporting to give the consent of the Minister for the purpose of this section is evidence of that consent. Claim dismissed if no consent (4) Where a claim for salvage services is prosecuted and the consent of the Minister is not proved, the claim shall be dismissed with costs. R.S., c. N-4, s. 223. Minister may accept offers of settlement 265 (1) The Minister may, on the recommendation of the Attorney General of Canada, accept, on behalf of Her Majesty and the commander and crew or part of the crew, offers of settlement made with respect to claims for salvage services rendered by vessels or aircraft belonging to or in the service of Her Majesty and used in the Canadian Forces. Distribution (2) The proceeds of any settlement made under subsection (1) shall be distributed in such manner as the Governor in Council may prescribe. R.S., c. N-4, s. 223. 266 [Repealed, 2001, c. 26, s. 311] Limitation or Prescription Periods, Liability and Exemptions Restriction of execution against officers and noncommissioned members 267 No judgment or order given or made against an officer or non-commissioned member by any court in Canada shall be enforced by the levying of execution on any arms, ammunition, equipment, instruments or clothing used by that officer or non-commissioned member for military purposes. R.S., 1985, c. N-5, s. 267; R.S., 1985, c. 31 (1st Supp.), s. 60. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Limitation or Prescription Periods, Liability and Exemptions Sections 268-270 Exemption from jury service 268 Every officer and non-commissioned member of the reserve force on active service and every officer and noncommissioned member of the regular force and special force is exempt from serving on a jury. R.S., 1985, c. N-5, s. 268; R.S., 1985, c. 31 (1st Supp.), s. 60. Limitation or prescription period 269 (1) Unless an action or other proceeding is commenced within two years after the day on which the act, neglect or default complained of occurred, no action or other proceeding lies against Her Majesty or any person for (a) an act done in pursuance or execution or intended execution of this Act or any regulations or military or departmental duty or authority; (b) any neglect or default in the execution of this Act or any regulations or military or departmental duty or authority; or (c) an act or any neglect or default that is incidental to an act, neglect or default described in paragraph (a) or (b). Prosecutions (1.1) A prosecution in respect of an offence — other than an offence under this Act, the Geneva Conventions Act or the Crimes Against Humanity and War Crimes Act — relating to an act, neglect or default described in subsection (1) may not be commenced after six months from the day on which the act, neglect or default occurred. Saving provision (2) Nothing in subsection (1) is in bar of proceedings against any person under the Code of Service Discipline. R.S., 1985, c. N-5, s. 269; 2013, c. 24, s. 99. Actions barred 270 No action or other proceeding lies against any officer or non-commissioned member in respect of anything done or omitted by the officer or non-commissioned member in the execution of his duty under the Code of Service Discipline, unless the officer or non-commissioned member acted, or omitted to act, maliciously and without reasonable and probable cause. R.S., 1985, c. N-5, s. 270; R.S., 1985, c. 31 (1st Supp.), s. 60. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Compensation Sections 271-273 Compensation Compensation to certain public service employees 271 (1) Compensation may, to such extent, in such manner and to such persons as the Governor in Council may by regulation prescribe, be paid in respect of disability or death resulting from injury or disease or aggravation thereof incurred by any person while (a) employed in the federal public administration, (b) employed under the direction of any part of the federal public administration, or (c) engaged, with or without remuneration, in an advisory, supervisory or consultative capacity in or on behalf of the federal public administration, and performing any function in relation to the Canadian Forces or any forces cooperating with the Canadian Forces, if the injury or disease or aggravation thereof arose out of or was directly connected with the performance of that function. Restriction (2) No compensation shall be paid under subsection (1) in respect of any disability or death for which a pension is paid or payable by virtue of any of the provisions of the Pension Act. R.S., 1985, c. N-5, s. 271; 1998, c. 35, s. 83; 2003, c. 22, s. 224(E). Dependants Arrest of dependants 272 The dependants, as defined by regulation, of officers and non-commissioned members on service or active service in any place out of Canada who are alleged to have committed an offence under the laws applicable in that place may be arrested by a member of the military police and may be handed over to the appropriate authorities of that place. R.S., 1985, c. N-5, s. 272; R.S., 1985, c. 31 (1st Supp.), s. 60; 2013, c. 24, s. 100. Jurisdiction of Civil Courts Offences committed outside Canada 273 Where a person subject to the Code of Service Discipline does any act or omits to do anything while outside Canada which, if done or omitted in Canada by that person, would be an offence punishable by a civil court, that offence is within the competence of, and may be tried and punished by, a civil court having jurisdiction in respect of such an offence in the place in Canada where Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Jurisdiction of Civil Courts Sections 273-273.2 that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred. R.S., c. N-4, s. 231. Inspections Regulations 273.1 The Governor in Council may make regulations (a) authorizing the inspection, in accordance with the custom or practice of the service, of any person or thing in, on or about (i) any defence establishment, work for defence or materiel, or (ii) any quarters under the control of the Canadian Forces or the Department; and (b) respecting the access to, exclusion from and safety and conduct of persons in, on or about any defence establishment, work for defence or materiel, including, without restricting the generality of the foregoing, regulations (i) respecting the inspection of persons and property entering, exiting or on any such place or materiel, and (ii) requiring any person, as a condition of being given access to that place or materiel, to submit, on demand, to a search of the person and the person’s personal or movable property while entering or exiting that place or materiel or any restricted area within that place or materiel. R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 84. Searches Searches 273.2 Except as provided for by regulations made pursuant to section 273.1, the following, namely, (a) quarters under the control of the Canadian Forces or the Department and occupied for residential purposes by any person subject to the Code of Service Discipline either alone or with that person’s dependants, as well as any locker or storage space located in those quarters and exclusively used by that person or those dependants for personal purposes, and (b) the personal or movable property of any person subject to the Code of Service Discipline located in, on Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Searches Sections 273.2-273.5 or about any defence establishment, work for defence or materiel, may be searched only if a warrant for that purpose has been issued or the search is otherwise authorized by law. R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 85. Warrant by commanding officer 273.3 Subject to sections 273.4 and 273.5, a commanding officer who is satisfied by information on oath that there is in any quarters, locker, storage space or personal or movable property referred to in section 273.2 (a) anything on or in respect of which any offence against this Act has been or is believed on reasonable grounds to have been committed, (b) anything that there are reasonable grounds to believe will afford evidence with respect to the commission of an offence against this Act, or (c) anything that there are reasonable grounds to believe is intended to be used for the purpose of committing any offence against the person for which a person may be arrested without warrant, may issue a warrant authorizing any officer or non-commissioned member named in the warrant, assisted by such other officers and non-commissioned members as are necessary, or a peace officer, to search the quarters, locker, storage space or personal or movable property for any such thing, and to seize and carry it before that commanding officer. R.S., 1985, c. 31 (1st Supp.), s. 59; 1998, c. 35, s. 86. Investigating commanding officer 273.4 The commanding officer who carries out or directly supervises the investigation of any matter may issue a warrant pursuant to section 273.3 in relation to that investigation only if that commanding officer believes on reasonable grounds that (a) the conditions for the issuance of the warrant exist; and (b) no other commanding officer is readily available to determine whether the warrant should be issued. R.S., 1985, c. 31 (1st Supp.), s. 59. Military police 273.5 Section 273.3 does not apply to a commanding officer of a military police unit. R.S., 1985, c. 31 (1st Supp.), s. 59. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Public Service Sections 273.6-273.601 Public Service Public service 273.6 (1) Subject to subsection (2), the Governor in Council or the Minister may authorize the Canadian Forces to perform any duty involving public service. Law enforcement assistance (2) The Governor in Council, or the Minister on the request of the Minister of Public Safety and Emergency Preparedness or any other Minister, may issue directions authorizing the Canadian Forces to provide assistance in respect of any law enforcement matter if the Governor in Council or the Minister, as the case may be, considers that (a) the assistance is in the national interest; and (b) the matter cannot be effectively dealt with except with the assistance of the Canadian Forces. Exception (3) Subsection (2) does not apply in respect of assistance that is of a minor nature and limited to logistical, technical or administrative support. Restriction (4) The authority of the Minister under this section is subject to any directions issued by the Governor in Council. 1998, c. 35, s. 87; 2005, c. 10, s. 34. Independent Review Review 273.601 (1) The Minister shall cause an independent review of the following provisions, and their operation, to be undertaken: (a) sections 18.3 to 18.6; (b) sections 29 to 29.28; (c) Parts III and IV; and (d) sections 251, 251.2, 256, 270, 272, 273 to 273.5 and 302. Report to Parliament (2) The Minister shall cause a report of a review to be laid before each House of Parliament within seven years after the day on which this section comes into force, and Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART V Miscellaneous Provisions Having General Application Independent Review Sections 273.601-275 within every seven-year period after the tabling of a report under this subsection. Amending legislation (3) However, if an Act of Parliament amends this Act based on an independent review, the next report shall be tabled within seven years after the day on which the amending Act is assented to. 2013, c. 24, s. 101. PART V.1 [Repealed, 2019, c. 13, s. 84] 273.61 [Repealed, 2019, c. 13, s. 84] 273.62 [Repealed, 2019, c. 13, s. 84] 273.63 [Repealed, 2019, c. 13, s. 68] 273.64 [Repealed, 2019, c. 13, s. 84] 273.65 [Repealed, 2019, c. 13, s. 84] 273.66 [Repealed, 2019, c. 13, s. 84] 273.67 [Repealed, 2019, c. 13, s. 84] 273.68 [Repealed, 2019, c. 13, s. 84] 273.69 [Repealed, 2019, c. 13, s. 84] 273.7 [Repealed, 2019, c. 13, s. 84] PART VI Aid of the Civil Power Definition of attorney general 274 For the purposes of this Part, attorney general means the attorney general of any province, the acting attorney general of a province or any minister of a government of a province who performs for the time being the duties of a provincial attorney general. R.S., c. N-4, s. 232. Riot or disturbance 275 The Canadian Forces, any unit or other element thereof and any officer or non-commissioned member, with materiel, are liable to be called out for service in aid of the civil power in any case in which a riot or disturbance of the peace, beyond the powers of the civil authorities to suppress, prevent or deal with and requiring that Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VI Aid of the Civil Power Sections 275-279 service, occurs or is, in the opinion of an attorney general, considered as likely to occur. R.S., 1985, c. N-5, s. 275; R.S., 1985, c. 31 (1st Supp.), s. 60. Exception in case of certain reserves 276 Nothing in this Part shall be deemed to impose liability to serve in aid of the civil power, without his consent, on an officer or non-commissioned member of the reserve force who is, by virtue of the terms of his enrolment, liable to perform duty on active service only. R.S., 1985, c. N-5, s. 276; R.S., 1985, c. 31 (1st Supp.), s. 60. Attorney general of province may requisition aid 277 Where a riot or disturbance occurs or is considered as likely to occur, the attorney general of the province in which the place where the riot or disturbance occurs or is considered as likely to occur is situated, on the initiative of the attorney general or on the receipt of notification from a judge of a superior, county or district court having jurisdiction in the place that the services of the Canadian Forces are required in aid of the civil power, may, by requisition in writing addressed to the Chief of the Defence Staff, require the Canadian Forces, or such part thereof as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate considers necessary, to be called out on service in aid of the civil power. R.S., c. N-4, s. 235. Call out of Canadian Forces 278 On receiving a requisition in writing made by an attorney general under section 277, the Chief of the Defence Staff, or such officer as the Chief of the Defence Staff may designate, shall, subject to such directions as the Minister considers appropriate in the circumstances and in consultation with that attorney general and the attorney general of any other province that may be affected, call out such part of the Canadian Forces as the Chief of the Defence Staff or that officer considers necessary for the purpose of suppressing or preventing any actual riot or disturbance or any riot or disturbance that is considered as likely to occur. R.S., 1985, c. N-5, s. 278; 2004, c. 15, s. 79. Form of requisition 279 A requisition of an attorney general under this Part may be in the following form, or to the like effect, and the form may, subject to section 280, be varied to suit the facts of the case: Province of To Wit Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VI Aid of the Civil Power Sections 279-280 Whereas information has been received by me from responsible persons (or a notification has been received by me from a judge of a (superior) (county) (district) court having jurisdiction in .............. ) that a riot or disturbance of the peace beyond the powers of the civil authorities to suppress (or to prevent or to deal with) and requiring the aid of the Canadian Forces to that end has occurred and is in progress (or is considered as likely to occur) at .............. ; And whereas it has been made to appear to my satisfaction that the Canadian Forces are required in aid of the civil power; Now therefore I, .............. , the Attorney General of .............. , under and by virtue of the powers conferred by the National Defence Act, do hereby require you to call out the Canadian Forces or such part thereof as you consider necessary for the purpose of suppressing (or preventing or dealing with) the riot or disturbance. Dated at ........... , this ...... day of ........... , 19.... . Attorney General R.S., 1985, c. N-5, s. 279; R.S., 1985, c. 22 (4th Supp.), s. 75. What requisition must state 280 (1) In a requisition made under this Part, it shall be stated that (a) information has been received by the attorney general from responsible persons, or a notification has been received by the attorney general from a judge, that a riot or disturbance beyond the powers of the civil authorities to suppress or to prevent or to deal with, as the case may be, has occurred or is considered as likely to occur and that the Canadian Forces are required in aid of the civil power; and (b) it has been made to appear to the satisfaction of the attorney general that the Canadian Forces are so required. (2) [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 76] Province bound by statements, undertakings and promises in requisition (3) Every statement of fact contained in a requisition made under this Part is conclusive and binding on the province on behalf of which the requisition is made, and every undertaking or promise in the requisition is binding on the province and not open to question or dispute by reason of alleged incompetence or lack of authority on the part of the attorney general or for any other reason. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VI Aid of the Civil Power Sections 280-285 Statement not open to dispute (4) A statement of fact contained in a requisition made under this Part is not open to dispute by the Chief of the Defence Staff. R.S., 1985, c. N-5, s. 280; R.S., 1985, c. 22 (4th Supp.), s. 76. Inquiry and report by attorney general 281 Where a requisition is made under this Part, the attorney general of the province concerned shall, within seven days after the making of the requisition, cause an inquiry to be made into the circumstances that occasioned the calling out of the Canadian Forces or any part thereof, and the attorney general shall send a report on the circumstances to such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council for the purpose of this section. R.S., 1985, c. N-5, s. 281; 1995, c. 11, s. 44. When officers and non-commissioned members have powers of constables 282 Officers and non-commissioned members when called out for service in aid of the civil power shall, without further authority or appointment and without taking oath of office, be held to have, in addition to their powers and duties as officers and non-commissioned members, all of the powers and duties of constables, so long as they remain so called out, but they shall act only as a military body and are individually liable to obey the orders of their superior officers. R.S., 1985, c. N-5, s. 282; R.S., 1985, c. 31 (1st Supp.), s. 60. Duration, increase and diminution of aid of civil power 283 The Canadian Forces or any part thereof called out in aid of the civil power shall remain on duty, in such strength as the Chief of the Defence Staff or such officer as the Chief of the Defence Staff may designate deems necessary or orders, until notification that the Canadian Forces are no longer required in aid of the civil power is received from the attorney general of the province concerned and, from time to time as in the opinion of the Chief of the Defence Staff the exigencies of the situation require, the Chief of the Defence Staff may increase or diminish the number of officers and non-commissioned members called out. R.S., 1985, c. N-5, s. 283; R.S., 1985, c. 31 (1st Supp.), s. 60. 284 [Repealed, R.S., 1985, c. 22 (4th Supp.), s. 77] Advances 285 The moneys required to meet the expenses and costs occasioned by the calling out of the Canadian Forces as provided for in this Part and for the services rendered by them shall be paid out of the Consolidated Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VI Aid of the Civil Power Sections 285-288 Revenue Fund by the authority of the Governor in Council. R.S., 1985, c. N-5, s. 285; R.S., 1985, c. 22 (4th Supp.), s. 77. PART VII Offences Triable by Civil Courts Application Liability to civil trial 286 (1) Subject to subsection (2), every person, including an officer or non-commissioned member, is liable to be tried in a civil court in respect of any offence prescribed in this Part. Special provision (2) No charge against an officer or non-commissioned member in respect of any offence prescribed in this Part shall, if the complainant is any other officer or non-commissioned member, be tried by a civil court unless the consent thereto in writing of the commanding officer of the accused officer or non-commissioned member has first been obtained. R.S., 1985, c. N-5, s. 286; R.S., 1985, c. 31 (1st Supp.), s. 60. Limitation period 287 No prosecution in a civil court shall be commenced against a person in respect of an offence prescribed in this Part, other than any of the offences referred to in section 298, except within six months after the date of commission of the offence charged. R.S., c. N-4, s. 244. Offences Breach of regulations respecting defence establishments, works and materiel 288 Every person who contravenes regulations respecting the access to, exclusion from, and safety and conduct of any persons in, on or about any defence establishment, work for defence or materiel is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., c. N-4, s. 245. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 289-291 False answer on enrolment 289 Every person who appears before another person for the purpose of being enrolled and knowingly makes a false answer to any question relating to the enrolment put by or by direction of that other person to the person appearing for that purpose is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., c. N-4, s. 246. False medical certificate 290 Every medical practitioner who signs a false medical certificate or other document in respect of (a) the examination of a person for the purpose of enrolment, (b) the service or release of an officer or non-commissioned member, or (c) the disability or alleged disability of a person, purported to have arisen or to have been contracted during, in the course of, or as a result of the service of that person as an officer or non-commissioned member, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., 1985, c. N-5, s. 290; R.S., 1985, c. 31 (1st Supp.), s. 60. Unlawful usage in advertising, trade or service 291 (1) Every person who uses (a) the words “Canadian Forces” or “Canadian Armed Forces” or the name of any component, unit or other element thereof or any abbreviation thereof or any words or letters likely to be mistaken therefor, (b) any picture or other representation of a member of the Canadian Forces, or (c) any uniform, mark, badge or insignia in use in the Canadian Forces, in any advertising or in any trade or service, having been requested in writing by the Minister to cease that usage, is guilty of an offence punishable on summary conviction. Minister’s consent required for prosecution (2) No proceedings in respect of an offence under this section shall be instituted without the consent of the Minister. R.S., c. N-4, s. 248. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 292-296 Personation 292 Every person who falsely personates any other person in respect of any duty, act or thing required to be performed or done under this Act by that other person is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., c. N-4, s. 249. False representation of desertion 293 Every person who falsely represents himself to any military or civil authority to be a deserter from Her Majesty’s Forces is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., c. N-4, s. 250. Failure to attend parade 294 (1) Every officer or non-commissioned member of the reserve force who without lawful excuse neglects or refuses to attend any parade or training at the place and hour appointed therefor is guilty of an offence and liable on summary conviction for each offence, if an officer, to a fine not exceeding fifty dollars and, if a non-commissioned member, to a fine not exceeding twenty-five dollars. Each absence an offence (2) Absence from any parade or training referred to in subsection (1) is, in respect of each day on which the absence occurs, a separate offence. R.S., 1985, c. N-5, s. 294; R.S., 1985, c. 31 (1st Supp.), s. 60. Neglecting personal equipment 295 Every officer or non-commissioned member of the reserve force who fails to keep in proper order any personal equipment or who appears on parade or on any other occasion with the personal equipment of that officer or non-commissioned member out of proper order, unserviceable or deficient in any respect is guilty of an offence and liable on summary conviction to a fine not exceeding forty dollars for each offence. R.S., 1985, c. N-5, s. 295; R.S., 1985, c. 31 (1st Supp.), s. 60. Interruption or hindering of training or march 296 Every person who without reasonable excuse interrupts or hinders the Canadian Forces while training or while on the march is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars and may be taken into custody and detained by Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 296-299 any person by the order of an officer until the training or march is over for the day. R.S., c. N-4, s. 253. Hampering manoeuvres 297 Every person who without reasonable excuse obstructs or interferes with manoeuvres authorized under section 257 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars. R.S., c. N-4, s. 254. Unlawful disposal, removal or possession of property 298 (1) Every person who (a) unlawfully disposes of or removes any property, (b) when lawfully required, refuses to deliver up any property that is in the possession of that person, or (c) without lawful cause, the proof of which lies on that person, has possession of any property, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars for each offence. Definition of property (2) For the purposes of this section, property means any public property under the control of the Minister, nonpublic property and property of any of Her Majesty’s Forces or of any forces cooperating therewith. R.S., c. N-4, s. 255. Accessories to desertion and absence without leave 299 (1) Every person who (a) procures, persuades, aids, assists or counsels an officer or non-commissioned member to desert or absent himself without leave, or (b) in an emergency, aids, assists, harbours or conceals an officer or non-commissioned member who is a deserter or an absentee without leave and who does not satisfy the court that he did not know that the officer or non-commissioned member was a deserter or an absentee without leave, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars and not less than one hundred dollars or to imprisonment for any term not exceeding twelve months or to both. Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 299-301 Certificate of Judge Advocate General (2) A certificate that appears to have been signed by the Judge Advocate General, or by any person whom the Judge Advocate General may appoint for that purpose, attesting that an officer or non-commissioned member was convicted or discharged absolutely under this Act of desertion or absence without leave or that the officer or non-commissioned member was or has been continuously absent without leave for six months or more, and setting out the date of commencement and, if applicable, the duration of the desertion, absence without leave or continuous absence without leave, is for the purposes of proceedings under this section evidence of the facts attested to in that certificate. R.S., 1985, c. N-5, s. 299; R.S., 1985, c. 31 (1st Supp.), s. 60; 2013, c. 24, s. 103. Aid to intending deserters or absentees 300 Every person who, knowing that an officer or noncommissioned member is about to desert or absent himself without leave, aids or assists the officer or non-commissioned member in attempting to desert or absent himself without leave is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both. R.S., 1985, c. N-5, s. 300; R.S., 1985, c. 31 (1st Supp.), s. 60. Miscellaneous offences 301 Every person who (a) wilfully obstructs, impedes or otherwise interferes with any other person in the execution of any duty that under this Act or regulations, the other person is required to perform, (b) counsels any other person not to perform any duty that, under this Act or regulations, the other person is required to perform, (c) does an act to the detriment of any other person in consequence of the other person having performed a duty that, under this Act or regulations, the other person is required to perform, (d) interferes with or impedes, directly or indirectly, the recruiting of the Canadian Forces, (e) wilfully produces any disease or infirmity in, maims or injures himself or any other person with a view to enabling himself or the other person to avoid service in the Canadian Forces, (f) with intent to enable any other person to render himself, or to induce the belief that the other person Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 301-302 is, permanently or temporarily unfit for service in the Canadian Forces, supplies to or for the other person any drug or preparation calculated or likely to render the other person, or lead to the belief that the other person is, permanently or temporarily unfit for that service, or (g) gives or receives, or is in any way concerned in the giving or receiving, of any valuable consideration in respect of enrolment, release or promotion in the Canadian Forces, is guilty of an offence and liable, on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for any term not exceeding twelve months or to both. R.S., c. N-4, s. 258. Offences of contempt 302 Every person is guilty of an offence and liable, on summary conviction, to a fine of not more than five hundred dollars or to imprisonment for a term of not more than six months or to both, where the person (a) on being duly summoned as a witness under Part II, III or IV makes default in attending; (b) being in attendance as a witness in any proceeding under Part II, III or IV, (i) refuses to take an oath or make a solemn affirmation legally required of that person, (ii) refuses to produce any document or thing under that person’s control and required to be produced by that person, or (iii) refuses to answer any question that requires an answer; (c) at any proceeding under Part II, III or IV, uses insulting or threatening language or causes any interference or disturbance; (d) prints observations or uses words likely to bring a proceeding under Part II, III or IV into disrepute or likely to influence improperly a board of inquiry, the Grievances Committee, the Military Judges Inquiry Committee, a court martial, a military judge, an officer conducting a summary hearing, a commissioner taking evidence under this Act, the Military Police Complaints Commission, an inquiry committee established under the regulations or a witness at a proceeding under Part II, III or IV; or Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 302-303.1 (e) displays contempt, in any other manner whatever, at any proceeding under Part II, III or IV. R.S., 1985, c. N-5, s. 302; 1998, c. 35, s. 90; 2013, c. 24, ss. 104, 106(E); 2019, c. 15, s. 44. Publication prohibited 303 (1) No person shall publish in any document, or broadcast or transmit in any way, any of the following: (a) the contents of an application made under section 180.03; (b) any evidence taken, information given or submissions made at a hearing under subsection 180.04(1) or 180.06(2); (c) the determination of a military judge in respect of the making of an order under subsection 180.05(1) or 180.07(1) and the reasons provided under section 180.08, unless the military judge, after taking into account the interests of military justice and the right to privacy of the person to whom the record relates, orders that the determination and the reasons may be published, broadcast or transmitted. Offence (2) Every person who contravenes subsection (1) is guilty of an offence punishable on summary conviction. Definition of record (3) In this section, record has the same meaning as in section 180.01. R.S., 1985, c. N-5, s. 303; R.S., 1985, c. 22 (4th Supp.), s. 78; 2019, c. 15, s. 45. Failure to comply — orders under sections 183.5 and 183.6 303.1 (1) Every person who fails to comply with an order made under section 183.5 or 183.6 is guilty of an offence punishable on summary conviction. Application of order (2) For greater certainty, an order referred to in subsection (1) applies to prohibit, in relation to proceedings taken against any person who fails to comply with the order, the publication in any document or the broadcasting or transmission in any way of information that could Current to June 20, 2022 Last amended on June 20, 2022 National Defence PART VII Offences Triable by Civil Courts Offences Sections 303.1-307 identify a victim, witness or military justice system participant whose identity is protected by the order. 2019, c. 15, s. 45. Breach of regulations respecting quartering, billeting and encamping 304 Every person who contravenes regulations respecting the quartering, billeting and encamping of a unit or other element of the Canadian Forces or of an officer or non-commissioned member is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars. R.S., 1985, c. N-5, s. 304; R.S., 1985, c. 31 (1st Supp.), s. 60. Improper exaction of tolls 305 Every person who receives or demands a duty or toll in contravention of section 261 is guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding three months or to both. R.S., c. N-4, s. 262. Failure to comply with convoy orders 306 Every person who fails to comply with directions given under section 262 is guilty of an offence and liable, on summary conviction, to a fine not exceeding two thousand dollars or to imprisonment for a term not exceeding twelve months or to both. R.S., c. N-4, s. 263. Applications for employment 307 Every person who uses or authorizes the use of an application form, for or relating to any of the following matters, that contains a question that by its terms requires the applicant to disclose a conviction for an offence referred to in paragraph 249.27(1)(a) or (b) is guilty of an offence and liable on summary conviction to a fine of not more than $500 or to imprisonment for a term of not more than six months, or to both: (a) employment in any department set out in Schedule I to the Financial Administration Act; (b) employment by any Crown corporation, as defined in subsection 83(1) of the Financial Administration Act; (c) enrolment in the Canadian Forces; or (d) employment in or in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament. 2013, c. 24, s. 105. Current to June 20, 2022 Last amended on June 20, 2022 National Defence SCHEDULE SCHEDULE (Section 21) OFFICERS 1 2 3 4 5 6 7 8 9 10 11 General Lieutenant-General Major-General Brigadier-General Colonel Lieutenant-Colonel Major Captain Lieutenant Second Lieutenant Officer Cadet 12 13 14 15 16 17 Chief Warrant Officer Master Warrant Officer Warrant Officer Sergeant Corporal Private NON-COMMISSIONED MEMBERS R.S., 1985, c. N-5, Sch.; R.S., 1985, c. 31 (1st Supp.), s. 60; 1998, c. 35, s. 91(F); 2014, c. 20, s. 170. Current to June 20, 2022 Last amended on June 20, 2022 National Defence RELATED PROVISIONS RELATED PROVISIONS — 2008, c. 29, s. 28 Review 28 (1) Within two years after the day on which this Act receives royal assent, a comprehensive review of the provisions and operation of this Act shall be undertaken by the committee of either the Senate or the House of Commons or of both Houses of Parliament that is designated or established by the Senate or the House of Commons or by both Houses of Parliament, as the case may be, for that purpose. Report (2) Within one year after the review is undertaken, or within any longer period that the Senate or the House of Commons or both Houses of Parliament may authorize, the committee shall submit a report on the review to Parliament, including a statement of any changes that the committee recommends. — 2008, c. 29, s. 29 Reference to General Court Martial 29 For the purposes of paragraphs 239.1(1)(b) and 240.3(b) of the National Defence Act, any reference to a General Court Martial is also a reference to a Disciplinary Court Martial. — 2012, c. 1, par. 163 (b) Pending applications — references in other legislation 163 A reference to an application for a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to an application for a pardon that is not finally disposed of on the day on which this section comes into force: (b) paragraph 202.14(2)(h) of the National Defence Act; and — 2012, c. 1, par. 165 (e) Pardons in effect — references in other legislation 165 A reference to a record suspension in the following provisions, as enacted by this Part, is deemed also to be a reference to a pardon that is granted or issued under the Criminal Records Act: (e) the definition record suspension in section 227 of the National Defence Act; and Current to June 20, 2022 Last amended on June 20, 2022 National Defence RELATED PROVISIONS — 2013, c. 24, s. 109 Military judges continuing in office 109 A person who, immediately before the coming into force of this section, held office as a military judge shall continue in office as if the person had been appointed under subsection 165.21(1) of the National Defence Act, as enacted by section 41. — 2013, c. 24, s. 110 Members of Inquiry Committee continuing in office 110 A person who, immediately before the coming into force of this section, held office as a member of an Inquiry Committee established under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.31(1) of the National Defence Act, as enacted by section 45. — 2013, c. 24, s. 111 Members of Compensation Committee continuing in office 111 A person who, immediately before the coming into force of this section, held office as a member of a Compensation Committee established under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, shall continue in office as if the person had been appointed under subsection 165.33(1) of the National Defence Act, as enacted by section 45. — 2013, c. 24, s. 112 Inquiry by Inquiry Committee 112 An inquiry under subsection 165.21(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.31 and 165.32 of the National Defence Act, as enacted by section 45. — 2013, c. 24, s. 113 Review by Compensation Committee 113 A review under subsection 165.22(2) of the National Defence Act, as it read before the coming into force of section 41, that, immediately before the coming into force of this section, had not been completed shall be continued as an inquiry under sections 165.33 to 165.37 of the National Defence Act, as enacted by section 45. Current to June 20, 2022 Last amended on June 20, 2022 National Defence RELATED PROVISIONS — 2013, c. 24, s. 114 Limitation or prescription period 114 The limitation or prescription period set out in subsection 269(1) of the National Defence Act, as enacted by section 99, applies only in respect of an act, neglect or default that occurs after the coming into force of section 99. — 2014, c. 6, s. 31. 1 Review 31.1 (1) Within five years after sections 21 to 31 come into force, a comprehensive review of the operation of sections 197 to 233 of the National Defence Act is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose. Report (2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee. — 2014, c. 25, s. 45. 1 Review 45.1 (1) Within five years after this section comes into force, a comprehensive review of the provisions and operation of this Act shall be undertaken by such committee of the House of Commons as may be designated or established by the House for that purpose. Report (2) The committee referred to in subsection (1) shall, within a year after a review is undertaken pursuant to that subsection or within such further time as the House may authorize, submit a report on the review to the Speaker of the House, including a statement of any changes the committee recommends. Current to June 20, 2022 Last amended on June 20, 2022 National Defence RELATED PROVISIONS — 2019, c. 15, ss. 63 (1), (35) 2013, c. 24. 63 (1) In this section, other Act means the Strengthening Military Justice in the Defence of Canada Act. (35) If subsection (34) applies, the portion of paragraph 249.27(1)(a) of the National Defence Act before subparagraph (i), as enacted by that subsection (34), is deemed to have been enacted on the day on which section 75 of the other Act came into force. — 2019, c. 15, s. 66 Proceedings 66 The National Defence Act, as it read immediately before the coming into force of section 25 of this Act, applies (a) in respect of proceedings against a person who is alleged to have committed a service offence that were commenced by the laying of a charge before the coming into force of that section 25; and (b) in respect of all matters related to those proceedings. — 2019, c. 15, s. 67 Section 203.1 of National Defence Act 67 Paragraphs 203.1(2)(c) and (i) of the National Defence Act, as enacted, respectively, by paragraphs 63(21)(d) and (e), apply only in respect of sentences imposed in respect of conduct engaged in on or after the day on which those paragraphs 63(21)(d) and (e) produce their effects. Current to June 20, 2022 Last amended on June 20, 2022 National Defence AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2013, c. 24, s. 12 R.S., c. 31(1st Supp.), s. 60 (Sch. I, s. 13). 12 Subsection 30(4) of the Act is replaced by the following: Reinstatement (4) Subject to regulations made by the Governor in Council, the Chief of the Defence Staff may cancel the release or transfer of an officer or non-commissioned member if the officer or non-commissioned member consents and the Chief of the Defence Staff is satisfied that the release or transfer was improper. Deeming provision (5) An officer or non-commissioned member whose release or transfer is cancelled is, except as provided in regulations made by the Governor in Council, deemed for the purpose of this Act or any other Act not to have been released or transferred. — 2013, c. 24, s. 13 1998, c. 35, s. 10. 13 Subsection 35(1) of the Act is replaced by the following: Rates and conditions of pay 35 (1) The rates and conditions of issue of pay of officers and non-commissioned members, other than those mentioned in paragraph 12(3)(a), shall be established by the Treasury Board. — 2013, c. 24, s. 46 46 The Act is amended by adding the following after section 165.37: Costs payable 165.38 If the military judges are represented at an inquiry of the Military Judges Compensation Committee, the costs of representation shall be paid in the amount and manner, and according to the terms and conditions, prescribed by regulations made by the Governor in Council. — 2013, c. 24, s. 73 73 The Act is amended by adding the following after section 249.21: Current to June 20, 2022 Last amended on June 20, 2022 National Defence AMENDMENTS NOT IN FORCE Appeal committee 249.211 (1) The Governor in Council may by regulation establish a committee to determine, on the basis of the factors prescribed in regulations made by the Governor in Council, whether legal services should be provided by the Director of Defence Counsel Services to a person who exercises the right to appeal under section 230 or 245. Protection of committee members (2) No criminal or civil proceedings lie against a member of the committee for anything done, reported or said in good faith in the exercise or purported exercise of a power or in the performance or purported performance of a duty or function of the committee. — 2015, c. 23, s. 32 2010, c. 17, s. 45(2) 32 Subsection 119.1(3) of the National Defence Act is replaced by the following: Proof of certain facts by certificate (3) In proceedings under subsection (1), a certificate of a person referred to in paragraph 16(2)(b.1) of the Sex Offender Information Registration Act stating that the person named in the certificate failed to report under section 4, 4.1, 4.2 or 4.3 — or provide information under section 5 or notify a person under subsection 6(1) or (1.01) — of that Act is evidence of the statements contained in it without proof of the signature or official character of the person appearing to have signed it. Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION Northwest Territories Act S.C. 2014, c. 2, s. 2 NOTE [Enacted by section 2 of chapter 2 of the Statutes of Canada, 2014, in force April 1, 2014, see SI/ 2014-34.] Current to June 20, 2022 Last amended on August 28, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 28, 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 28, 2019 TABLE OF PROVISIONS An Act respecting the Northwest Territories Short Title 1 Short title Interpretation 2 Definitions Consultation Executive Power 4 Commissioner Deputy Commissioner Oaths Salaries Executive Council Seat of government Legislative Power Legislative Assembly of the Northwest Territories 10 Continuance Duration Oaths Sittings Speaker Quorum Rules Legislature of the Northwest Territories 17 Continuance Legislative Powers 18 Subjects Laws — natural resources Laws — access to lands and waters Roads on Tlicho lands Unitization of straddling resources Federal appurtenant undertakings Current to June 20, 2022 Last amended on August 28, 2019 ii Northwest Territories TABLE OF PROVISIONS Composition of water board Restrictions on powers Agreement implementation Acts Laws — conservation of wildlife Laws — borrowing, making loans and investing Withholding assent Transmittal of laws Conflicting laws Official Languages Act Amendments concurred in Consolidated Revenue Fund of the Northwest Territories 34 Establishment Recommendation of Commissioner Appropriation of moneys granted by Parliament Public Accounts of the Northwest Territories 37 Fiscal year Submission to Legislative Assembly Form and contents Annual audit Supplementary report Report at Commissioner’s request Auditor General’s powers Administration of Justice Judicature 44 Appointment of judges Tenure of judges Supreme Court of the Northwest Territories 46 Judges Deputy judges Jurisdiction — civil cases Jurisdiction — criminal cases Court of Appeal of the Northwest Territories 50 Sittings Current to June 20, 2022 Last amended on August 28, 2019 iv Northwest Territories TABLE OF PROVISIONS Public Lands and Waters Administration and Control 51 Public lands — Commissioner Rights in respect of waters Relinquishment by Commissioner Transfer to Commissioner Restrictions 55 Taking of administration and control by Governor in Council Prohibition order — public lands Prohibition order — waters Consultation — prohibition orders Compensation 59 No expenditure or compensation Agreements 60 Management of waters Amending this Act 61 Consultation — Minister Transitional Provisions 62 Ordinances Commissioner Executive Council Council Speaker Judges Definitions Existing interests References to Government of Canada or Minister Pending proceedings Validity of laws of Legislature Indemnification by Government of the Northwest Territories Indemnification by Government of Canada Limitation on indemnification Enforcement actions No waiver — solicitor-client privilege Assignment of contracts Transfer — public property Current to June 20, 2022 Last amended on August 28, 2019 v Northwest Territories TABLE OF PROVISIONS Amendment to this Act Current to June 20, 2022 Last amended on August 28, 2019 v S.C. 2014, c. 2, s. 2 An Act respecting the Northwest Territories [Assented to 25th March 2014] Short Title Short title 1 This Act may be cited as the Northwest Territories Act. Interpretation Definitions 2 The following definitions apply in this Act. Aboriginal party means an Aboriginal organization that is a party to the Agreement. (partie autochtone) Agreement means the Northwest Territories Lands and Resources Devolution Agreement that was made on June 25, 2013, as amended from time to time. (accord) federal appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence and that is (a) related to remediation that is performed by or on behalf of Her Majesty in right of Canada (i) under the Agreement, or (ii) in respect of an Excepted Waste Site as defined in section 1.1 of the Agreement; or (b) located on public lands that are under the administration of a federal minister. (entreprise fédérale en cause) Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Interpretation Section 2 former Act means the Northwest Territories Act, chapter N-27 of the Revised Statutes of Canada, 1985. (ancienne loi) gas means natural gas — including coal-bed methane — and all substances other than oil that are produced in association with natural gas. (gaz) Gwich’in Agreement means the Agreement as defined in section 2 of the Gwich’in Land Claim Settlement Act. (accord gwichin) Inuvialuit Final Agreement means the Agreement as defined in section 2 of the Western Arctic (Inuvialuit) Claims Settlement Act. (Convention définitive des Inuvialuits) line of delimitation means the Line of Delimitation that is described in Schedule 18 to the Agreement. (ligne de démarcation) minerals means precious or base metals or other nonliving naturally occurring substances — including coal, but not including oil, gas or water — that are, or were before their production, part of the land, whether solid, liquid or gaseous. (ressources minérales) Minister means the Minister of Northern Affairs. (ministre) Northwest Territories means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon. (Territoires du Nord-Ouest) oil means (a) crude petroleum — regardless of gravity — that is produced at a well-head in liquid form; or (b) any other hydrocarbons — except coal and gas — including hydrocarbons that may be extracted or recovered from surface or subsurface deposits, including deposits of oil sand, bitumen, bituminous sand or oil shale and other types of deposits. (pétrole) onshore means that part of Canada that is north of the 60th parallel of north latitude, west of the boundary described in Schedule I to the Nunavut Act and not within Yukon that consists of the following lands: (a) lands, including lands under water, that lie landward of the low-water line — or in respect of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, landward of the mean or ordinary highwater mark — of the sea coast of the mainland or of Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Interpretation Section 2 the sea coast of any naturally occurring permanent island; (b) lands under water that are within small enclosed bays along the sea coast of the mainland or the sea coast of any naturally occurring permanent island; and (c) lands, including lands under water, that lie landward of the line of delimitation and seaward of the low-water line — or in respect of lands that are contiguous with the sea coast of Inuvialuit lands as defined in section 2 of the Inuvialuit Final Agreement, seaward of the mean or ordinary high-water mark — of the sea coast of the mainland. It does not include lands that lie seaward of the line of delimitation, other than those lands — including lands under water — that lie landward of the low-water line of the sea coast of those naturally occurring permanent islands and those lands under water that are within small enclosed bays along the sea coast of those islands. (région intracôtière) public lands means (a) lands — including minerals, oil, gas, timber or wood and buildings, structures, improvements or other fixtures — that are situated in the onshore and that belong to Her Majesty in right of Canada; or (b) interests — in lands that are situated in the onshore — that belong to Her Majesty in right of Canada. (terres domaniales) Sahtu Agreement means the Agreement as defined in section 2 of the Sahtu Dene and Metis Land Claim Settlement Act. (accord du Sahtu) self-government agreement means an agreement between Her Majesty in right of Canada and an Aboriginal people of the Northwest Territories that is implemented by an Act of Parliament and that recognizes (a) the legal status and capacity of a governing body to represent that Aboriginal people; and (b) the authority of that governing body to enact laws. (accord sur l’autonomie gouvernementale) settlement agreement means an agreement that is listed in Schedule 1 to the Agreement. (entente de règlement) settlement lands means lands in the Northwest Territories whose title is vested in an Aboriginal organization Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Interpretation Sections 2-4 under a settlement agreement. (terres visées par un règlement) small enclosed bay means any coastal indentation that meets the following conditions: (a) the distance of a straight line across the entrance of the indentation at the low-water line measures four kilometres or less; and (b) the area of the indentation, including any islands or parts of islands lying within the indentation, is greater than that of a semicircle whose diameter is the distance of the straight line referred to in paragraph (a). (petite baie fermée) Tlicho Agreement means the Agreement as defined in section 2 of the Tlicho Land Claims and Self-Government Act. (accord tlicho) waters means any inland waters — whether in a liquid or frozen state — that are on or below the surface of lands that are situated in the onshore. (eaux) 2014, c. 2, s. 2 “2”; 2019, c. 29, s. 374. Consultation 3 Wherever in this Act a reference is made, in relation to any matter, to a duty to consult, that duty must be exercised (a) by providing the person to be consulted with the following: (i) notice of the matter in sufficient form and detail to allow the person to prepare their views on the matter, (ii) a reasonable period for the person to prepare those views, and (iii) an opportunity to present those views to the person having that duty; and (b) by considering, fully and impartially, any views so presented. Executive Power Commissioner 4 (1) A Commissioner of the Northwest Territories must be appointed by order of the Governor in Council. Publication of order (2) The order appointing the Commissioner must be published in the Canada Gazette. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Executive Power Sections 4-9 Instructions (3) The Commissioner must act in accordance with any written instructions given to him or her by the Governor in Council or the Minister. Instructions laid before Legislative Assembly of the Northwest Territories (4) The Commissioner must, as soon as possible after receiving written instructions, make them available to the Executive Council of the Northwest Territories and cause them to be laid before the Legislative Assembly of the Northwest Territories, but the written instructions are effective when they are made. Deputy Commissioner 5 (1) The Governor in Council may appoint a Deputy Commissioner to act as Commissioner during the Commissioner’s absence or inability or when that office is vacant. Absence, inability or vacancy (2) The Chief Justice of the Supreme Court of the Northwest Territories is authorized to act as Deputy Commissioner during the Deputy Commissioner’s absence or inability or when that office is vacant. 2014, c. 2, s. 2 “5”; 2017, c. 33, s. 258. Oaths 6 Before assuming office, the Commissioner and the Deputy Commissioner must take and subscribe the oath of office and the oath of allegiance prescribed by the Governor in Council. Salaries 7 The salary of the Commissioner and of the Deputy Commissioner are to be fixed by the Governor in Council and paid out of the Consolidated Revenue Fund of Canada. Executive Council 8 An Executive Council of the Northwest Territories is established, the members of which are to be appointed by the Commissioner. Seat of government 9 The seat of the Government of the Northwest Territories is at Yellowknife or at another place in the Northwest Territories that is designated by the Legislature. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Sections 10-15 Legislative Power Legislative Assembly of the Northwest Territories Continuance 10 The Council of the Northwest Territories established under the former Act is continued as the Legislative Assembly of the Northwest Territories. Each member of the Legislative Assembly is elected to represent an electoral district in the Northwest Territories. Duration 11 (1) No Legislative Assembly is to continue for longer than five years after the day on which the writs are returned for a general election, but the Commissioner may dissolve it before then. Writs (2) Writs for the election of members of the Legislative Assembly are to be issued on the Commissioner’s instructions. Oaths 12 Before assuming office, each member of the Legislative Assembly must take and subscribe before the Commissioner the oath of office prescribed by the Legislature of the Northwest Territories and the oath of allegiance set out in the Fifth Schedule to the Constitution Act, 1867. Sittings 13 The Legislative Assembly must sit at least once every 12 months. Speaker 14 (1) The Legislative Assembly must elect one member as Speaker to preside over the Legislative Assembly when it is sitting. Speaker’s vote (2) The Speaker may vote in the Legislative Assembly only in the case of a tie. Quorum 15 A majority of the members of the Legislative Assembly, including the Speaker, constitutes a quorum. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Assembly of the Northwest Territories Sections 16-18 Rules 16 The Legislative Assembly may make rules for its operations and procedures, except in relation to the subjects set out in paragraph 18(1)(b). Legislature of the Northwest Territories Continuance 17 The Commissioner in Council as defined in section 2 of the former Act is continued as the Legislature of the Northwest Territories; the Legislature consists of the Commissioner and the Legislative Assembly. Legislative Powers Subjects 18 (1) The Legislature may make laws in relation to the following subjects in respect of the Northwest Territories: (a) the election of members of the Legislative Assembly, including the name and number of electoral districts and the qualifications of electors and candidates; (b) the disqualification of persons from sitting or voting as members of the Legislative Assembly and the privileges, indemnities and expenses of those members; (c) the Executive Council; (d) the establishment and tenure of public offices and the appointment, conditions of employment and payment of office-holders; (e) municipal and local institutions; (f) direct taxation and licensing in order to raise revenue for territorial, municipal or local purposes; (g) the levying of a tax on furs — or any other parts of fur-bearing animals — that are to be shipped or taken from the Northwest Territories to any place outside the Northwest Territories; (h) the incorporation of companies with territorial objects, except railway — other than street railway —, steamship, air transport, telegraph and telephone companies; (i) the solemnization of marriage; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Section 18 (j) property and civil rights; (k) the administration of justice, including the constitution, maintenance and organization of territorial courts — of both civil and criminal jurisdiction — and procedure in civil matters in those courts; (l) the establishment, maintenance and management of prisons and other places of confinement; (m) the conservation of wildlife and its habitat; (n) waters — the rights in respect of which are under the administration and control of the Commissioner — including the disposition under subsection 52(3) of those rights, the deposit of waste in those waters and what constitutes waste; (o) education, but any law respecting education must provide that (i) a majority of the ratepayers of any part of the Northwest Territories may establish any school in that part that they think fit and make the necessary assessment and collection of rates for it, and (ii) the minority of the ratepayers of that part of the Northwest Territories — whether Protestant or Roman Catholic — may establish separate schools in that part and, if they do so, are liable to assessments of only the rates that they impose on themselves in respect of those schools; (p) immigration; (q) those public lands that are under the administration and control of the Commissioner, including their disposition under subsection 51(1); (r) intoxicants, including what constitutes an intoxicant; (s) hospitals and charities; (t) agriculture; (u) the entering into of intergovernmental agreements by the Commissioner or any other official of the Government of the Northwest Territories; (v) the expenditure of money for territorial purposes; (w) the adoption and use of an official seal; (x) generally, all matters of a merely local or private nature; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 18-19 (y) the imposition of fines, penalties, imprisonment or other punishments in respect of a contravention of a provision of a law of the Legislature; and (z) any other subject that may be designated by order of the Governor in Council. Laws — intoxicants (2) The Legislature may make laws relating to the importation of intoxicants into the Northwest Territories from another part of Canada or elsewhere and defining what constitutes an intoxicant for the purposes of those laws. Laws — natural resources 19 (1) The Legislature may make laws in relation to the following subjects in respect of the onshore: (a) exploration for non-renewable natural resources; (b) the development, conservation and management of non-renewable natural resources and forestry resources, including the rate of primary production from those resources; (c) oil and gas pipelines that are situated entirely in the onshore; (d) the development, conservation and management of sites and facilities for the production of electrical energy; and (e) the export, from the onshore to another part of Canada, of the primary production from non-renewable natural resources and forestry resources and of the electrical energy that is produced in the onshore. Limitation — no discrimination (2) A law that is made under paragraph (1)(e) is not to authorize or provide for discrimination in prices or in supplies that are exported. Laws — taxation (3) The Legislature may make laws in relation to the raising of money by any mode of taxation in respect of resources referred to in paragraph (1)(b) and the primary production from those resources and in respect of sites and facilities referred to in paragraph (1)(d) and the production of electrical energy from those sites and facilities. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 19-21 The Legislature may make those laws even if the production is exported. Limitation — no differentiation (4) A law that is made under subsection (3) is not to authorize or provide for taxation that differentiates between production that is exported and that which is not. Definition of primary production (5) In this section, primary production means (a) production from a non-renewable natural resource if (i) it is in the form in which the resource exists on its recovery or severance from its natural state, or (ii) it results from processing or refining the resource and is not (A) a manufactured product, or (B) a product that results from refining crude oil, refining upgraded heavy crude oil, refining gases or liquids derived from coal or refining a synthetic equivalent of crude oil; and (b) production from a forestry resource if the product consists of sawlogs, poles, lumber, wood chips, sawdust or any other primary wood product — or of wood pulp — and is not manufactured from wood. No derogation (6) Nothing in subsections (1) to (5) derogates from any powers that the Legislature has under this Act. Laws — access to lands and waters 20 The Legislature may make laws in relation to access to the public lands that are under the administration of a federal minister and to the waters overlying those lands, including the compensation that is to be paid in respect of that access. Roads on Tlicho lands 21 Laws of the Legislature that are made in relation to public highways apply to roads identified in the Tlicho Agreement — as if they were on public lands — if the Tlicho Agreement provides that those laws apply to those roads. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 22-23 Unitization of straddling resources 22 (1) Despite sections 18 and 19, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would (a) affect the unitization of those straddling resources that are referred to in the Agreement for Coordination and Cooperation in the Management and Administration of Petroleum Resources in the Inuvialuit Settlement Region that was made on June 25, 2013, as amended from time to time; or (b) limit how that agreement applies to or is implemented by the Government of the Northwest Territories. Canadian Energy Regulator (2) Despite sections 18 and 19, during the period of 20 years beginning on the day on which section 1 comes into force, the Legislature must not amend a law of the Legislature without the consent of the Governor in Council if the law as amended would affect the regulatory functions of the Canadian Energy Regulator in that part of the Inuvialuit Settlement Region — as defined in section 2 of the Inuvialuit Final Agreement — that is situated in the onshore. 2014, c. 2, s. 2 “22”; 2019, c. 28, s. 185. Federal appurtenant undertakings 23 Only a federal minister may, in relation to a federal appurtenant undertaking, exercise the following powers and functions under a law of the Legislature: (a) approve the issuance, renewal or amendment of a licence permitting the use of waters or the deposit of waste in waters; (b) consent to a declaration by a water board that an amendment to such a licence — as a result of which the use, flow or quality of waters would be altered — is required on an emergency basis; (c) approve the form of any security posted in respect of such a licence; (d) hold and apply the security; (e) exercise powers that are substantially the same as those set out in section 39 of the Northwest Territories Waters Act, as it read immediately before the coming into force of section 1; (f) issue policy directions to a water board that may issue, renew or amend such a licence; and Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 23-28 (g) designate inspectors and grant them powers that are substantially the same as those set out in section 37 or 44.02 of the Northwest Territories Waters Act, as they read immediately before the coming into force of section 1. Composition of water board 24 For every five members who are appointed to a water board that may — under a law of the Legislature — issue, renew or amend a licence permitting the use of waters or the deposit of waste in waters, one must be nominated by a federal minister. Restrictions on powers 25 (1) Nothing in subsection 18(1) or section 19 must be construed as giving the Legislature greater powers than are given to legislatures of provinces under sections 92, 92A and 95 of the Constitution Act, 1867. Water power (2) Despite subsection 18(1) and sections 19 and 20, the Legislature must not make laws in respect of the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies. Agreement implementation Acts 26 Despite subsection 25(1), the Legislature may, in exercising its powers under sections 18 and 19 for the purpose of implementing an Aboriginal land claim agreement or a self-government agreement, make laws that are in relation to the matters coming within class 24 of section 91 of the Constitution Act, 1867. Laws — conservation of wildlife 27 Despite subsection 25(1), any law of the Legislature that is in relation to the conservation of wildlife applies, unless the contrary intention appears in it, to and in respect of Aboriginal people. Laws — borrowing, making loans and investing 28 (1) The Legislature may make laws for the (a) borrowing of money by the Commissioner on behalf of the Northwest Territories for territorial, municipal or local purposes; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 28-30 (b) making of loans to persons; and (c) investing by the Commissioner of surplus money standing to the credit of the Consolidated Revenue Fund of the Northwest Territories. Restriction (2) The aggregate of all borrowings is not to exceed the maximum amount set under subsection (4). Charge on Consolidated Revenue Fund (3) The repayment of money borrowed under a law made under paragraph (1)(a) — and the payment of interest on that money — is a charge on and is payable out of the Consolidated Revenue Fund of the Northwest Territories. Maximum amount — borrowings (4) The Governor in Council may, on the recommendation of the Minister of Finance, set the maximum amount of the aggregate of all borrowings. Regulations (5) The Governor in Council may, on the recommendation of the Minister of Finance, make regulations respecting borrowings for the purposes of subsections (2) and (4), including regulations (a) respecting what constitutes, or is deemed to constitute, borrowing; (b) respecting the entities, or classes of entities, whose borrowings are to be taken into account; and (c) respecting the manner in which the value of a borrowing must be determined. Withholding assent 29 (1) The Governor in Council may, in writing, direct the Commissioner to withhold his or her assent to a bill that has been introduced in the Legislative Assembly. Assent of Governor in Council (2) A bill in respect of which a direction is given must not become law without the Governor in Council’s assent, which is not to be given later than one year after the day on which the bill is adopted by the Legislative Assembly. Transmittal of laws 30 (1) A copy of every law of the Legislature must be transmitted by the Clerk of the Legislative Assembly to the Governor in Council within 30 days after the day on which it is made. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Legislative Power Legislative Powers Sections 30-34 Disallowance (2) The Governor in Council may disallow any law of the Legislature or any provision of such a law at any time within one year after the day on which it is made. Conflicting laws 31 In the event of a conflict between a law of the Legislature and a federal enactment, the federal enactment prevails to the extent of the conflict. Official Languages Act 32 (1) The ordinance entitled the Official Languages Act — made on June 28, 1984 by the Commissioner in Council, as amended on June 26, 1986 or by an Act referred to in section 33 — must not be amended, repealed or rendered inoperable by the Legislature without the concurrence of Parliament by way of an amendment to this Act. Additional rights and services (2) Nothing in subsection (1) is to be construed as preventing the Commissioner, the Legislature or the Government of the Northwest Territories from granting rights in respect of, or providing services in, English, French or a language of an Aboriginal people of Canada — in addition to the rights and services provided for in the Official Languages Act referred to in subsection (1) — whether by amendment, without the concurrence of Parliament, or by any other means. Amendments concurred in 33 (1) Parliament concurs in An Act to amend the Official Languages Act, made on October 29, 1990 by the Commissioner in Council. March 12, 1992 (2) Parliament concurs in An Act to amend the Official Languages Act, made on March 12, 1992 by the Commissioner in Council. Consolidated Revenue Fund of the Northwest Territories Establishment 34 (1) All public moneys over which the Legislature has the power of appropriation are to form a fund to be known as the Consolidated Revenue Fund of the Northwest Territories. Establishment of bank accounts (2) The member of the Executive Council designated for that purpose by a law of the Legislature must establish, in Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Consolidated Revenue Fund of the Northwest Territories Sections 34-39 the name of the Government of the Northwest Territories, accounts for the deposit of public moneys with (a) banks as defined in section 2 of the Bank Act; or (b) authorized foreign banks, as defined in section 2 of the Bank Act, that are not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. Recommendation of Commissioner 35 The Legislative Assembly must not adopt or pass any vote, resolution, address or bill — for the appropriation of public moneys, or of any tax, for any purpose — that has not been first recommended to the Legislative Assembly by message of the Commissioner in the session in which the vote, resolution, address or bill is proposed. Appropriation of moneys granted by Parliament 36 If a sum of money is granted to Her Majesty in right of Canada by Parliament to defray expenses for a specified public service in the Northwest Territories, the power of appropriation by the Legislature over that sum is subject to the purpose for which it is granted. Public Accounts of the Northwest Territories Fiscal year 37 The fiscal year of the Government of the Northwest Territories is the period beginning on April 1 in one year and ending on March 31 in the next year. Submission to Legislative Assembly 38 The Commissioner, with the consent of the Executive Council, must lay before the Legislative Assembly — on or before the day of each fiscal year that the Legislative Assembly fixes — a report called the Public Accounts of the Northwest Territories for the preceding fiscal year; the Legislative Assembly must consider the report. Form and contents 39 The Public Accounts of the Northwest Territories must be prepared in any form that the Commissioner, with the consent of the Executive Council, directs and are to include (a) consolidated financial statements for the Government of the Northwest Territories, prepared in accordance with Canadian public sector accounting standards; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Accounts of the Northwest Territories Sections 39-41 (b) any other information or statements that are required in support of those consolidated financial statements under any law of the Legislature; and (c) the opinion of the Auditor General of Canada that is referred to in subsection 40(1). Annual audit 40 (1) The Auditor General of Canada must audit the accounts — including those related to the Consolidated Revenue Fund of the Northwest Territories — and financial transactions of the Government of the Northwest Territories in each fiscal year in accordance with Canadian generally accepted auditing standards and must express his or her opinion as to whether (a) the consolidated financial statements present fairly — in all material respects and in accordance with Canadian public sector accounting standards — the financial situation of the Government of the Northwest Territories as at the end of the fiscal year; and (b) the transactions of the Government of the Northwest Territories that have come to the notice of the Auditor General in the course of the audit are within the powers of that Government under this or any other Act of Parliament. Report (2) The Auditor General must report to the Legislative Assembly any matter falling within the scope of the audit that, in his or her opinion, ought to be reported to the Assembly. Supplementary report 41 The Auditor General of Canada may, at any time, inquire into and submit a supplementary report to the Legislative Assembly about any matter relating to the activities of the Government of the Northwest Territories, including whether (a) accounts have not been faithfully and properly maintained or public money has not been fully accounted for or paid, if so required by law, into the Consolidated Revenue Fund; (b) essential records have not been maintained or the rules and procedures applied have been insufficient to safeguard and control public property, to secure an effective check on the assessment, collection and proper allocation of the revenue and to ensure that expenditures have been made only as authorized; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Accounts of the Northwest Territories Sections 41-44 (c) money has been expended for purposes other than those for which it was appropriated by the Legislature or has been expended without due regard to economy or efficiency; or (d) satisfactory procedures have not been established to measure and report the effectiveness of programs, if such procedures could appropriately and reasonably be implemented. Report at Commissioner’s request 42 At the Commissioner’s request, made with the consent of the Executive Council, the Auditor General of Canada may — if in his or her opinion it does not interfere with the Auditor General’s primary responsibilities — inquire into and report to the Legislative Assembly on any (a) matter relating to the financial affairs of the Government of the Northwest Territories or to public property in the Northwest Territories; or (b) person or organization that has received or is seeking financial aid from the Government of the Northwest Territories. Auditor General’s powers 43 (1) For the purposes of carrying out his or her functions under this Act, the Auditor General of Canada has all the powers that he or she has under the Auditor General Act. Access to information (2) Except as provided by any law of the Legislature that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and is entitled to require and receive from the public service of the Northwest Territories any information, reports and explanations that he or she considers necessary for that purpose. Administration of Justice Judicature Appointment of judges 44 The Governor in Council must appoint the judges of any superior, district or county courts in the Northwest Territories. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Administration of Justice Judicature Sections 45-49 Tenure of judges 45 The judges of the superior, district and county courts in the Northwest Territories hold office during good behaviour but are removable by the Governor General on address of the Senate and House of Commons and cease to hold office on attaining the age of 75 years. Supreme Court of the Northwest Territories Judges 46 A judge — other than a deputy judge — of the Yukon Supreme Court or the Nunavut Court of Justice is, by reason of holding that office, a judge of the Supreme Court of the Northwest Territories. Deputy judges 47 (1) The Governor in Council may appoint any person who is or has been a judge of a superior, district or county court of a province or a barrister or advocate of at least 10 years standing at the bar of a province to be a deputy judge of the Supreme Court of the Northwest Territories and fix his or her remuneration and allowances. Duration of appointment (2) A deputy judge may be appointed for any particular case or cases or for any specified period. Tenure of office (3) A deputy judge holds office during good behaviour but is removable by the Governor General on address of the Senate and House of Commons. Powers (4) A deputy judge must be sworn to the faithful performance of his or her duties in the same manner as a judge of the Supreme Court of the Northwest Territories and, during his or her appointment, has and may exercise and perform all the powers, duties and functions of a judge of that Court. Jurisdiction — civil cases 48 The Supreme Court of the Northwest Territories has and may exercise and perform — in Yukon or Nunavut — all of its powers, duties and functions with respect to a civil case other than one for which the Court sits with a jury. Jurisdiction — criminal cases 49 (1) A judge of the Supreme Court of the Northwest Territories has and may exercise and perform — Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Administration of Justice Supreme Court of the Northwest Territories Sections 49-51 anywhere in Canada — all of its powers, duties and functions with respect to any criminal offence committed or charged to have been committed in the Northwest Territories. Application of laws (2) All laws applicable to criminal proceedings held in the Northwest Territories apply in like manner to proceedings held under this section elsewhere in Canada. Enforcement (3) Any judgment, conviction, sentence or other order pronounced or made in any proceedings held under this section outside the Northwest Territories may be enforced at the place at which it is pronounced or made — or elsewhere, either in or outside the Northwest Territories, as the judge may direct — and the proper officers of the Northwest Territories have and may exercise all powers and authority necessary for its enforcement at the place where it is directed to be enforced, even if that place is not in the Northwest Territories. Court of Appeal of the Northwest Territories Sittings 50 The Court of Appeal of the Northwest Territories may sit in the Northwest Territories or, unless a law of the Legislature provides otherwise, elsewhere in Canada. Public Lands and Waters Administration and Control Public lands — Commissioner 51 (1) The Commissioner has the administration and control of public lands and may use, sell or otherwise dispose of those lands and retain the proceeds of the disposition. Exceptions (2) Despite subsection (1), the Commissioner does not have the administration and control of the following public lands unless they are transferred to him or her under section 54: (a) those listed under subsection (3); (b) those in respect of which the administration and control is relinquished by the Commissioner under section 53; Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Lands and Waters Administration and Control Sections 51-52 (c) those in respect of which the administration and control is taken by the Governor in Council under section 55; and (d) those acquired by Her Majesty in right of Canada after the coming into force of section 1. List (3) The Governor in Council must, on the day on which section 1 comes into force, list the public lands that are excluded from the administration and control of the Commissioner. Rights in respect of waters 52 (1) All rights in respect of waters belong to Her Majesty in right of Canada. Limitations (2) Subsection (1) is subject to any rights granted by or under an Act of Parliament in respect of waters. Commissioner (3) The Commissioner has the administration and control of all rights in respect of waters and may exercise those rights or sell or otherwise dispose of them and may retain the proceeds of the disposition. Exceptions (4) Despite subsection (3), the Commissioner does not have the administration and control of (a) the right to the use and flow of waters for the production or generation of water power to which the Dominion Water Power Act applies; and (b) the following rights in respect of waters unless the administration and control of them is transferred to him or her under section 54: (i) those listed under subsection (5), (ii) those in respect of which the administration and control is relinquished by the Commissioner under section 53, (iii) those in respect of which the administration and control is taken by the Governor in Council under section 55, and (iv) those acquired by Her Majesty in right of Canada after the coming into force of section 1. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Lands and Waters Administration and Control Sections 52-55 List (5) The Governor in Council must, on the day on which section 1 comes into force, list the rights in respect of waters that are excluded from the administration and control of the Commissioner. Relinquishment by Commissioner 53 The Commissioner may, with the Governor in Council’s consent, relinquish — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters. Transfer to Commissioner 54 The Governor in Council may, with the Commissioner’s consent, transfer to the Commissioner — in perpetuity or for any lesser term — the administration and control of public lands and of rights in respect of waters. Restrictions Taking of administration and control by Governor in Council 55 (1) The Governor in Council may, on the Minister’s recommendation, take from the Commissioner the administration and control of public lands and rights in respect of waters if, subject to subsection (2), the Governor in Council considers it necessary to do so for the purposes of (a) the national interest, including (i) national defence or security, (ii) establishing — or changing the boundaries of — a national park as defined in subsection 2(1) of the Parks Canada Agency Act, a national historic site as defined in that subsection or another area that is protected under an Act of Parliament, and (iii) the creation of the infrastructure required for initiatives in respect of transportation or energy; (b) the fulfilment of an obligation in respect of an Aboriginal or treaty right that is referred to in section 35 of the Constitution Act, 1982; or (c) the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a selfgovernment agreement. Consultation (2) The Minister must — before recommending the taking of the administration and control other than for a Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Lands and Waters Restrictions Sections 55-58 purpose related to national defence or security — consult the member of the Executive Council who is responsible for those public lands or those rights in respect of waters and any affected Aboriginal party on the boundaries of the lands that, and the location of the waters the rights in respect of which, are subject to the taking. Prohibition order — public lands 56 The Governor in Council may, by order and on the Minister’s recommendation, prohibit the issuance under a law of the Legislature of interests in — or the authorization under a law of the Legislature of the conduct of activities on — the public lands that are specified in the order if the Governor in Council considers that the prohibition is required (a) before the taking of the administration and control of those lands under paragraph 55(1)(a) or (b); or (b) for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement. Prohibition order — waters 57 The Governor in Council may, by order and on the Minister’s recommendation, prohibit any use of waters that is specified in the order — or the deposit of waste directly or indirectly into those waters — if the Governor in Council considers (a) that the use or deposit would be incompatible with or would interfere with a particular undertaking that is in the national interest; or (b) that the prohibition is required for the purposes of the settlement of an Aboriginal land claim or the implementation of an Aboriginal land claim agreement or other treaty, a settlement agreement or a self-government agreement. Consultation — prohibition orders 58 The Minister must — before recommending that the Governor in Council make a prohibition order under section 56 or 57 — consult the member of the Executive Council who is responsible for those public lands or those waters and any affected Aboriginal party on (a) the boundaries of the lands — and the interests or activities — that are the subject of the order to be made under section 56; and (b) the location of the waters that are the subject of the order to be made under section 57. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Lands and Waters Compensation Sections 59-60 Compensation No expenditure or compensation 59 (1) Subject to subsection (2), the following are to be done without expenditures by or compensation to the Government of the Northwest Territories: (a) a relinquishment under section 53; (b) a taking under section 55; and (c) the making of a prohibition order under section 56 or 57. Exception — improvements to public lands (2) If the Commissioner relinquishes to the Governor in Council, or the Governor in Council takes, the administration and control of public lands, the Government of Canada must compensate the Government of the Northwest Territories for any improvements that it has made to those lands. Negotiation (3) As soon as practicable after the relinquishment or the taking, the Government of Canada and the Government of the Northwest Territories are to attempt to reach an agreement on the amount of compensation. Appraisal expert (4) If the Government of Canada and the Government of the Northwest Territories are unable to reach an agreement, they are to refer the matter to an agreed upon person with expertise in determining the value of improvements to land. Amount of compensation (5) That person must determine that value on a basis similar to the determination of the fair actual value of the improvements — at the time the Governor in Council takes or has relinquished to it the administration and control of the lands — calculated in accordance with the method for calculating the fair actual value of improvements to land set out in a law of general application of the Legislature relating to the assessment of taxes on real property. That value is the amount of compensation. 2014, c. 2, s. 2 “59”; 2017, c. 26, s. 55(F). Agreements Management of waters 60 With the approval of the Governor in Council and subject to any agreement entered into under section 5 or Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Public Lands and Waters Agreements Sections 60-63 11 of the Canada Water Act, the Minister may, on behalf of the Government of Canada, enter into an agreement with a provincial government providing for the management of any waters that (a) are (i) partially on lands situated in the Northwest Territories that are under the administration of a federal minister, and (ii) partially on lands that are not under the administration of a federal minister; or (b) flow between (i) lands situated in the Northwest Territories that are under the administration of a federal minister, and (ii) lands that are not under the administration of a federal minister. Amending this Act Consultation — Minister 61 (1) Before a bill that amends or repeals this Act is introduced in the House of Commons by a federal minister, the Minister must consult the Executive Council with respect to the proposed amendment or repeal. Recommendations — Legislative Assembly (2) The Legislative Assembly may make any recommendations to the Minister that it considers appropriate with respect to the amendment or the repeal of this Act. Transitional Provisions Ordinances 62 An ordinance, as defined in section 2 of the former Act, is continued as a law of the Legislature of the Northwest Territories. Commissioner 63 (1) The Commissioner, as defined in section 2 of the former Act, who is in office immediately before the coming into force of section 1 continues in office. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 63-67 Deputy Commissioner (2) The Deputy Commissioner — appointed under subsection 4(1) of the former Act — who is in office immediately before the coming into force of section 1 continues in office. Executive Council 64 The members of the Executive Council — chosen or appointed under subsection 61(1) of the Legislative Assembly and Executive Council Act, S.N.W.T. 1999, c. 22 — who are in office immediately before the coming into force of section 1 continue in office as members of the Executive Council established under section 8. Council 65 (1) Despite subsection 11(1), the members of the Council — as defined in section 2 of the former Act — who are in office immediately before the coming into force of section 1 continue in office as members of the Legislative Assembly for the remainder of the period provided under subsection 9(3) of the former Act, but the Commissioner may dissolve the Legislative Assembly before then. Extension of period of Legislative Assembly (2) Despite subsection (1), if the election period for the first general election after the coming into force of section 1 would overlap with the election period for a general election to be held under subsection 56.1(2) or section 56.2 of the Canada Elections Act, the period during which the members referred to in subsection (1) continue in office as members of the Legislative Assembly may be extended until five years from the date fixed for the return of the writs at the last general election under the former Act, but the Commissioner may dissolve the Legislative Assembly before then. 2014, c. 2, s. 2 "65", c. 39, s. 224. Speaker 66 The Speaker, elected under subsection 12(1) of the former Act, who is in office immediately before the coming into force of section 1 continues in office. Judges 67 (1) Judges, appointed under section 32 of the former Act, who are in office immediately before the coming into force of section 1 continue in office. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 67-68 Deputy judges (2) Deputy judges, appointed under subsection 35(1) of the former Act, who are in office immediately before the coming into force of section 1 continue in office. Definitions 68 The following definitions apply in sections 69 to 71, 73 and 74. encumbering right means a right referred to in section 7(94) of the Inuvialuit Final Agreement, an interest referred to in section 18.5 of the Gwich’in Agreement, section 19.5 of the Sahtu Agreement or section 18.6 of the Tlicho Agreement or a similar right or interest referred to in another settlement agreement. (charge) existing interest means (a) a right or interest that exists — immediately before the coming into force of section 1 — under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement; (b) a right or interest that exists — immediately before that coming into force — under an access order, a permit, licence or other authorization, a lease or an agreement for lease or sale that is issued, granted or otherwise obtained under an Act of Parliament that is repealed or rendered inapplicable to such a right or interest by an Act of Parliament that implements the Agreement; (c) a right or interest that exists immediately before that coming into force under a licence — as defined in section 51 of the Mackenzie Valley Resource Management Act as it read immediately before that coming into force — other than a licence that is in relation to a federal area as defined in section 51 of the Mackenzie Valley Resource Management Act; (d) a right or interest that is a renewal, replacement or successor of a right or interest referred to in paragraph (a), (b) or (c) if a right to that renewal, replacement or successor exists immediately before that coming into force; or (e) a licence that (i) is valid immediately before the coming into force of section 1 and the giving of which was subject to the Federal Real Property and Federal Immovables Act, or (ii) is a renewal, replacement or successor of such a licence if a right to that renewal, replacement or Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 68-69 successor exists immediately before that coming into force. For greater certainty, it includes a right or interest referred to in paragraph (a), (b), (c), (d) or (e) that is an encumbering right, as well as an interest referred to in subsection 117.2(1) of the Canada Petroleum Resources Act that is in respect of the portion of those lands situated in the onshore. (intérêt existant) 2014, c. 2, s. 2 “68”; 2017, c. 26, s. 56(F). Existing interests 69 (1) An existing interest must, subject to subsections (2) to (4), be administered and governed in accordance with any law of the Legislature. Limitation — additional conditions (2) A law of the Legislature may provide for additional conditions in respect of the exercise of an existing interest only if those conditions are applicable to similar rights or interests that are issued, granted or otherwise obtained under a law of the Legislature. Limitation — limitation, suspension or cancellation (3) A law of the Legislature may, in respect of an existing interest, provide for its limitation, suspension or cancellation only if (a) the circumstances for its limitation, suspension or cancellation are identical to those that would have applied immediately before the coming into force of section 1; or (b) subject to subsection (4), its limitation, suspension or cancellation is for a failure to comply with a condition in respect of the exercise of the existing interest and the law applies to all similar rights or interests. Limitation — paragraph (3)(b) (4) A law of the Legislature must not provide for the limitation, suspension or cancellation of an existing interest under paragraph (3)(b) if it arose from (a) a recorded claim, a lease or a permit, as those terms are defined in subsection 2(1) of the Northwest Territories and Nunavut Mining Regulations; or (b) an interest as defined in section 2 of the Canada Petroleum Resources Act. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 69-72 Continuation (5) An existing interest — other than one described in paragraph (c) of the definition existing interest in section 68 — continues in full force and effect until the earliest of the following takes place: (a) it expires or is surrendered, (b) with the agreement of the holder, it is cancelled and replaced by a right or interest issued or granted by the Government of the Northwest Territories, (c) in the case of an encumbering right, it is — with the agreement of the holder and the relevant Aboriginal organization — cancelled under a settlement agreement, (d) it is limited, suspended or cancelled under a law of the Legislature referred to in subsection (3), or (e) it is expropriated and its holder is compensated under a law of the Legislature. References to Government of Canada or Minister 70 Any reference to the Government of Canada or the Minister in an instrument evidencing an existing interest must be read as a reference to the Government of the Northwest Territories. Pending proceedings 71 Every proceeding — other than a civil or criminal one that is before a court — with respect to a right or interest that is referred to in paragraph (a), (b), (c) or (e) of the definition existing interest in section 68 that is in progress immediately before the coming into force of section 1 must be taken up and continued under and in conformity with the laws of the Legislature without any further formality. Validity of laws of Legislature 72 A law of the Legislature that specifically provides that it applies to matters governed by section 45, 46, 47, 57, 58 or 59 of the Northwest Territories Act, the Canada Oil and Gas Operations Act, the Territorial Lands Act, the Canada Petroleum Resources Act, the Federal Real Property and Federal Immovables Act, the Northwest Territories Waters Act or the Northwest Territories Surface Rights Board Act — as they read immediately before the coming into force of section 1 — is considered for all purposes to have been validly made if it is made before that coming into force and would have been valid if made after that coming into force. However, it has no force and effect before that coming into force. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 73-74 Indemnification by Government of the Northwest Territories 73 (1) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or to satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of any act or omission of the Government of the Northwest Territories, or any of its employees or agents, occurring (a) after the coming into force of section 1, in respect of (i) public lands that are under the administration and control of the Commissioner other than those that are under his or her administration and control immediately before that coming into force, (ii) rights in respect of waters that are under the administration and control of the Commissioner, or (iii) existing interests; (b) in respect of security that is assigned to the Government of the Northwest Territories under the Agreement; (c) in respect of records that are copied, loaned or transferred under the Agreement unless the act or omission is made under the Agreement; or (d) in respect of remediation that is performed under the Agreement. Indemnification — obligations under Agreement (2) The Government of the Northwest Territories must indemnify the Government of Canada, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgment, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of Canada, or any of its employees or agents, arising out of a failure by the Government of the Northwest Territories, or any of its employees or agents, to meet its obligations under the Agreement in respect of a federal employee. 2014, c. 2, s. 2 “73”; 2017, c. 26, s. 57(F). Indemnification by Government of Canada 74 (1) The Government of Canada must indemnify the Government of the Northwest Territories, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 74-75 satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against the Government of the Northwest Territories, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring (a) before the coming into force of section 1, in respect of (i) public lands that are under the administration and control of the Commissioner other than those that were under his or her administration and control before that coming into force, (ii) rights in respect of waters that are under the administration and control of the Commissioner, or (iii) existing interests; (b) in respect of a taking under section 55 or the making of a prohibition order under section 56 or 57; (c) in respect of security that is assigned to the Government of the Northwest Territories under the Agreement; (d) in respect of records that are copied, loaned or transferred under the Agreement; or (e) in respect of remediation that is performed under the Agreement. Indemnification — Aboriginal party (2) The Government of Canada must indemnify an Aboriginal party, or any of its employees or agents, against all costs, charges and expenses, including amounts paid to settle an action or satisfy a judgement, that are reasonably incurred in respect of any claim, action or other proceeding brought against that Aboriginal party, or any of its employees or agents, arising out of any act or omission of the Government of Canada, or any of its employees or agents, occurring in respect of remediation performed under the Agreement on that Aboriginal party’s settlement lands. 2014, c. 2, s. 2 “74”; 2017, c. 26, s. 58(F). Limitation on indemnification 75 The Government of Canada, the Government of the Northwest Territories or an Aboriginal party — or an employee or agent of any of them — is not entitled to be indemnified under section 73 or 74 if the claim, action or proceeding is settled out of court without the written consent of the Government that is required to provide the indemnity. 2014, c. 2, s. 2 “75”; 2017, c. 26, s. 59(F). Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 76-79 Enforcement actions 76 After the coming into force of section 1, the Government of the Northwest Territories may, despite section 71 and to the exclusion of any other person or entity, commence or continue enforcement actions — under an Act of Parliament that is repealed or rendered inapplicable in respect of the onshore on the coming into force of that section — other than one that is before a court on the coming into force of that section. No waiver — solicitor-client privilege 77 (1) Communication under the Agreement by the Government of Canada to the Government of the Northwest Territories of information, however recorded, that is subject to solicitor-client privilege does not constitute a waiver of that privilege. Prohibition (2) No employee or agent of the Government of the Northwest Territories is, except with the Minister’s written permission, to knowingly communicate or make available any information referred to in subsection (1) — or permit it to be communicated or made available — to a person who is not an employee or agent of that Government. Assignment of contracts 78 (1) In the case of a contract that is to be assigned by the Government of Canada to the Government of the Northwest Territories under the Agreement, the contract must be assigned even if (a) the contract does not allow for the assignment; or (b) a party’s consent to the assignment is required under the contract and the party does not consent. Compensation (2) The Government of Canada must compensate the parties for costs or losses arising from an assignment referred to in subsection (1). Transfer — public property 79 (1) Section 61 of the Financial Administration Act does not apply to a transfer of public property, as defined in section 2 of that Act, that is made under the Agreement. Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories Transitional Provisions Sections 79-80 Disposition — federal real property and federal immovables (2) The Federal Real Property and Federal Immovables Act does not apply to a disposition that is made under the Agreement of (a) federal real property as defined in section 2 of that Act; or (b) federal immovables as defined in that section. Amendment to this Act 80 [Amendment] Current to June 20, 2022 Last amended on August 28, 2019 Northwest Territories AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2014, c. 2, s. 2 "80" [in force but has not yet had its effect] Repeal — subsections 4(3) and (4) 80 Subsections 4(3) and (4) are repealed 10 years after the day on which section 1 comes into force. Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION Naskapi and the Cree-Naskapi Commission Act S.C. 1984, c. 18 Current to June 20, 2022 Last amended on July 15, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 July 15, 2019 TABLE OF PROVISIONS An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission Short Title 1 Short title Interpretation 2 Definitions Inconsistency with Federal or Provincial Law 3 Federal Acts Provincial laws of general application Application of Indian Act 5 Application of Indian Act Band By-laws and Resolutions 6 Territorial limits of band by-laws By-law may require licence or permit By-law may prohibit activities Statutory Instruments Act not to apply Regulations 10 Regulations Incorporation by Reference of Provincial Laws 11 Incorporation by reference of provincial laws PART I Local Government Band Name 14 Naskapi Nation of Kawawachikamach Current to June 20, 2022 Last amended on July 15, 2019 ii Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS Change of band name Membership of Band 20 Membership of band 20.1 Special provision for Indians who are not Naskapi beneficiaries Objects and Powers of Band 21 Objects of band Legal capacity of bands Band may not be continued under Canada Business Corporations Act Head Office of Band 24 Head office of band Band Council 25 Band council Band acts through its council Resolutions and by-laws Chief Deputy chief Council Meetings 30 Council meetings Use of Naskapi language at council meetings Language of by-laws and resolutions Quorum of council Chairmanship of meeting Voting When council must meet Conflict of interest By-laws respecting council meetings Committees of a Council 40 By-laws respecting committees Band Bodies, Officers, Employees and Agents 41 Bodies, officers, employees and agents Duties of band secretary Duties of band treasurer Return of band property Current to June 20, 2022 Last amended on July 15, 2019 iv Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS By-laws Respecting Local Government 45 Power to make by-laws respecting local government By-laws re land and resource use and planning Zoning by-laws By-laws on hunting, fishing, trapping, wildlife protection 48.1 By-laws — ticketing scheme Procedure for Making By-Laws and Resolutions 49 Approval by band electors may be stipulated Original to be signed Coming into force of resolutions Posting of by-laws Register of by-laws Obtaining copies of by-laws and resolutions Challenges to By-Laws or Resolutions 55 Applications for quashing of by-law or resolution Time limit for applying Subsequent actions Transitional 61 Existing council of Indian Act Naskapi band Provisions of this Act to apply PART II Band Elections 63 Each elector entitled to vote Election By-laws 64 Election by-law Required minimum content of by-law Coming into force and application of election by-law Regulations respecting elections Eligibility to be Elected and to Serve as Council Member 68 Eligibility to be elected council member Circumstances in which office becomes vacant Removal of council member for absence Current to June 20, 2022 Last amended on July 15, 2019 v Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS Returning Officers 71 Returning Officers Eligibility to be appointed Circumstances in which office becomes vacant Calling of Elections 74 Meaning of general election Electors may request general election Individual election Where band fails to hold election Contestation of election results 78 Contestation of election PART III Meetings and Referenda of the Band 79 Who may attend band meetings Use of Naskapi language Each elector may vote Ordinary Band Meetings 82 Ordinary band meetings Special Band Meetings and Referenda 83 Requirements for approval of measures Notice of special band meeting or referendum Presiding officer Band by-laws re special band meetings and referenda Regulations respecting special band meetings and referenda Where regulation or by-law not complied with PART IV Financial Administration 89 Fiscal year of band Budget Books of account and financial records Band to prepare annual financial statement Audit 93 Appointment of auditor Duty of auditor Auditor’s access to records, etc. Current to June 20, 2022 Last amended on July 15, 2019 v Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS Borrowing Powers of Band 96 Borrowing limitations Borrowing by-laws Regulations re long-term borrowing Contracts 99 By-laws re contracts and tenders Appointment of Administrator 100 When administrator may be appointed PART V Residence and Access Rights on Category IA-N Land 101 General prohibition against residing, etc. Rights subject to by-laws Residence Rights 103 Right to reside on Category IA-N land Pre-Agreement residence and occupation rights not affected Access Rights 106 Public’s access to public facilities Matimekosh Reserve Obstruction and trespass PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land 109 Quebec retains bare ownership Soapstone Deposits 110 Band ownership of soapstone deposits Forest Resources 111 Band’s rights subject to provincial control Gravel 112 Gravel Mineral, Subsurface and Mining Rights 113 Mineral and subsurface rights Holders of prior rights or titles to minerals Manner in which rights must be exercised Current to June 20, 2022 Last amended on July 15, 2019 vi Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS Pre-Existing Rights and Interests on Category IA-N Land PART VII Expropriation of Category IA-N Land by Quebec 118 Definition of expropriating authority Expropriations Expropriation for public services or structures What may be expropriated Band entitled to compensation Where no compensation payable Services deemed to be of direct benefit Rules governing compensation wholly or partly in land Reclassification of expropriated land that is no longer required Determination of amount of money compensation referrable to Administrative Tribunal of Quebec When work may begin on service or structure When expropriated land ceases to be Category IA-N land PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings 130 Definitions Quebec landlord and tenant law Grants by band Grants to be in writing Freedom of contract Commercial fisheries and outfitting operations Superficie 136 Right of superficie Subsequent Transfers of Rights or Interests 137 Band approval for transfer of land originally granted for residential purposes General 138 Consultation requirements before certain projects undertaken Land to be allocated for community services Current to June 20, 2022 Last amended on July 15, 2019 vi Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS No prescription PART IX Cessions by Band 141 Definitions Cessions by band Requirements for valid cession Cession must be approved by referendum Rights or interests Documents that the band must submit to Minister Transfer to Quebec of administration, management and control Effect of cession Land registry system PART X Land Registry System 150 Enforceability of rights and interests Regulations for establishment and maintenance of land registry system Duties of band PART XI Expropriation by Band 153 Rights and interests that the band may expropriate Acquisition by mutual agreement Compensation Regulations PART XII Cree-Naskapi Commission 157 Interpretation Cree-Naskapi Commission established Eligibility Term of office Head office Staff Quorum Commission may delegate its powers Duties of Commission Current to June 20, 2022 Last amended on July 15, 2019 ix Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS Notice of investigation Commission may request evidence Protection against negative findings Protection of members of Commission Report of investigation Inquiry into the functioning of the Commission PART XIII Successions 173 Application of Part Definitions Lawful heirs on intestate succession Valid forms of wills Article 599a of Civil Code not applicable Representation of minor heirs Vacant succession Intestacy Disposition of Traditional Property on an Intestacy 181 Disposition of traditional property on intestacy Composition of family council Where family council deadlocked Circumstances in which band council acts as the family council Effect of disposition Where a recipient renounces traditional property PART XIV Tax Exemptions 187 Interpretation Property exempt from taxation PART XV Seizure Exemptions 189 Interpretation Property exempt from seizure, etc. Property deemed situated on Category IA-N land Waiver of exemption Current to June 20, 2022 Last amended on July 15, 2019 x Naskapi and the Cree-Naskapi Commission TABLE OF PROVISIONS PART XVI Policing 195 Policing jurisdiction (Naskapis) Agreements for policing services PART XVII Offences 197 Offences under Act Contravention of regulations Contravention of by-law 199.1 Alternative procedure — ticketing scheme PART XVIII Administration of Justice 200 Jurisdiction of justices of the peace PART XIX General 201 Where signatory of document unable to write Commissioners of oaths Certified copies of documents PART XX Consequential Amendments to Other Acts Coming into Force *218 Coming into force Current to June 20, 2022 Last amended on July 15, 2019 x S.C. 1984, c. 18 An Act respecting certain provisions of the Northeastern Quebec Agreement relating principally to Naskapi local government and to the land regime governing Category IA-N land and respecting the Cree-Naskapi Commission [Assented to 14th June 1984] Preamble Whereas the Government of Canada is obligated, pursuant to section 7 of the Northeastern Quebec Agreement, to recommend to Parliament special legislation to provide for an orderly and efficient system of Naskapi local government, for the administration, management and control of Category IA-N land by the Naskapi band, and for the protection of certain individual and collective rights under the said agreement; And whereas this Act is not intended to preclude the Naskapi from benefitting from future legislative or other measures respecting Indian government in Canada that are not incompatible with the said agreement; 1984, c. 18, Preamble; 2018, c. 4, s. 3.. NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Naskapi and the CreeNaskapi Commission Act. 1984, c. 18, s. 1; 2018, c. 4, s. 4. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Interpretation Section 2 Interpretation Definitions 2 (1) In this Act, Agreements [Repealed, 2018, c. 4, s. 5] band or Naskapi band means the Naskapi Nation of Kawawachikamach referred to in section 14; (bande ou bande naskapie) building includes a permanent structure of any kind and also includes a mobile home; (bâtiment) Canada means Her Majesty in right of Canada; (Canada) Category IA land [Repealed, 2018, c. 4, s. 5] Category IA-N land means (a) until the transfer to Canada by Quebec by final deed referred to in paragraph (b), the land referred to in sections 4.4 and 5 of the Northeastern Quebec Agreement of which the administration, management and control was transferred to Canada by Quebec by temporary deed by Quebec Order in Council No. 394-81 of February 12, 1981, pursuant to sections 191.3 and 191.5 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec) for the exclusive use and benefit of the Indian Act Naskapis de Schefferville band, and accepted by Canada by Canada Order in Council P.C. 1981-809 of March 26, 1981, (b) after the transfer to Canada by Quebec by final deed for the exclusive use and benefit of the Naskapi band pursuant to sections 4.4 and 5 of the Northeastern Quebec Agreement and section 191.6 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the land described in such final deed, (c) any land set aside as Category IA-N land pursuant to paragraph 125(1)(d) of this Act for the exclusive use and benefit of the Naskapi band, and (d) any other land set aside by the Governor in Council as Category IA-N land for the exclusive use and benefit of the Naskapi band; (terre de catégorie IAN) Category II land [Repealed, 2018, c. 4, s. 5] Category II-N land means the land established and allocated as Category II-N land pursuant to the Northeastern Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Interpretation Section 2 Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie II-N) Category III land means the land established as Category III land pursuant to the Northeastern Quebec Agreement and An Act respecting the land regime in the James Bay and New Quebec territories (Quebec); (terre de catégorie III) chief means the person holding the office of chief of the band pursuant to Part II; (chef) council means the continuing body of persons described in section 25; (conseil) councillor means a person holding office as councillor of the band pursuant to Part II; (conseiller) council member means the chief or a councillor of the band; (membre du conseil) Cree band [Repealed, 2018, c. 4, s. 5] Cree beneficiary [Repealed, 2018, c. 4, s. 5] Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (Gouvernement de la nation crie) Cree Regional Authority [Repealed, 2018, c. 4, s. 5] elector means a member of the band who is 18 years of age or over and not under curatorship under the laws of the Province; (électeur) Inuk of Fort George or Inuit of Fort George [Repealed, 2018, c. 4, s. 5] James Bay and Northern Quebec Agreement [Repealed, 2018, c. 4, s. 5] Matimekosh Reserve means the area of land described in Quebec Order in Council No. 2718 of August 21, 1968; (réserve Matimekosh) member means a member of the band as provided in section 20; (membre) Minister means the Minister of Crown-Indigenous Relations; (ministre) Naskapi band [Repealed, 2018, c. 4, s. 5] Naskapi beneficiary means a person who is enrolled or entitled to be enrolled as a Naskapi beneficiary pursuant Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Interpretation Section 2 to section 3 of the Northeastern Quebec Agreement; (bénéficiaire naskapi) Naskapi Development Corporation means the Naskapi Development Corporation established by the Act respecting the Naskapi Development Corporation (Quebec); (Société de développement des Naskapis) Northeastern Quebec Agreement means the agreement between the Indian Act Naskapis de Schefferville band, the Government of Quebec, La Société d’énergie de la Baie James, La Société de développement de la Baie James, La Commission hydroélectrique de Québec, the Grand Council of the Crees (of Quebec), the Northern Quebec Inuit Association and the Government of Canada, dated January 31, 1978 and referred to in Canada Order in Council P.C. 1978-502 of February 23, 1978, as amended by (a) any agreement not described in paragraph (b) made in accordance with the applicable amending provisions of the Northeastern Quebec Agreement, and (b) any other agreement, whether made before or after the coming into force of this section, referred to in section 3 of An Act approving the Northeastern Quebec Agreement (Quebec); (Convention du Nord-Est québécois) ordinary band meeting means any band meeting other than a special band meeting; (Version anglaise seulement) Oujé-Bougoumou Band Complementary ment [Repealed, 2018, c. 4, s. 5] Agreeprescribed means prescribed by regulation; (Version anglaise seulement) Province means the Province of Quebec; (province) Quebec means Her Majesty in right of Quebec; (Québec) referendum means a referendum of the band referred to in sections 83 to 88; (référendum) special band meeting means a band meeting referred to in sections 83 to 88. (assemblée extraordinaire) Indian Act band (2) A reference in this Act to Indian Act band is a reference to band within the meaning of the Indian Act. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Interpretation Sections 2-5 References to “natural resources” and “land” (3) The reference to “natural resources” in certain provisions of this Act is for emphasis only and shall not be construed as affecting in any way the meaning of the word “land” as including natural resources in those provisions or in any other provision of this Act or the regulations. References to Quebec statutes (4) Unless otherwise indicated in this Act, a reference to an Act of the legislature of Quebec or to a provision thereof is a reference to that Act or provision as amended from time to time. 1984, c. 18, s. 2; 2009, c. 12, s. 1; 2018, c. 4, ss. 5, 122(E); 2019, c. 29, s. 373. Inconsistency with Federal or Provincial Law Federal Acts 3 (1) Subject to subsection (2), where there is any inconsistency or conflict between the provisions of this Act and any other Act of Parliament, this Act shall prevail to the extent of the inconsistency or conflict. James Bay and Northern Quebec Native Claims Settlement Act (2) Where there is any inconsistency or conflict between the provisions of this Act and the James Bay and Northern Quebec Native Claims Settlement Act, the James Bay and Northern Quebec Native Claims Settlement Act shall prevail to the extent of the inconsistency or conflict. Provincial laws of general application 4 Provincial laws of general application do not apply to the extent that they are inconsistent or in conflict with this Act or a regulation or by-law made thereunder or to the extent that they make provision for a matter that is provided for by this Act. Application of Indian Act Application of Indian Act 5 Except for the purpose of determining which of the Naskapi beneficiaries are Indians within the meaning of the Indian Act, the Indian Act does not apply to the band, nor does it apply on or in respect of Category IA-N land. 1984, c. 18, s. 5; 2018, c. 4, s. 6. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Band By-laws and Resolutions Sections 6-10 Band By-laws and Resolutions Territorial limits of band by-laws 6 A by-law of the band made under this Act may have application within the following territorial limits: (a) the band’s Category IA-N land; and (b) Category III land situated within the perimeter of the band’s Category IA-N land and the ownership of which was ceded by letters patent or by any other method prior to January 31, 1978. 1984, c. 18, s. 6; 2018, c. 4, s. 8. By-law may require licence or permit 7 A by-law of the band made under this Act may require the holding of a licence or permit and may provide for the issuance thereof and the fees therefor. 1984, c. 18, s. 7; 2018, c. 4, s. 8. By-law may prohibit activities 8 A by-law of the band made under this Act may prohibit an activity. 1984, c. 18, s. 8; 2018, c. 4, s. 8. Statutory Instruments Act not to apply 9 The Statutory Instruments Act does not apply to a bylaw or resolution of the band made under this Act. 1984, c. 18, s. 9; 2018, c. 4, s. 122(E). 9.1 [Repealed, 2018, c. 4, s. 9] 9.2 [Repealed, 2018, c. 4, s. 9] 9.3 [Repealed, 2018, c. 4, s. 9] Regulations Regulations 10 The Governor in Council may make regulations (a) prescribing anything that by this Act is to be prescribed; and (b) generally for carrying out the purposes and provisions of this Act. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission Incorporation by Reference of Provincial Laws Sections 11-14 Incorporation by Reference of Provincial Laws Incorporation by reference of provincial laws 11 (1) For the purpose of applying the portion of paragraph 5.1.13 of the Northeastern Quebec Agreement dealing with the leasing of lands and the granting of real rights to non-Natives, the Governor in Council may make regulations for the purpose of making provincial law in force in the Province applicable to leasehold interests or other real rights in Category IA-N land granted to nonbeneficiaries for periods exceeding five years, including any renewal thereof. Meaning of non-beneficiary (2) For the purposes of subsection (1), a non-beneficiary is a person who is not (a) a Naskapi beneficiary; (b) a corporation or other body established pursuant to the Northeastern Quebec Agreement; (c) a corporation or other body the majority of whose shareholders or members are Naskapi beneficiaries; or (d) a corporation or other body in which Naskapi beneficiaries participate, as shareholders or members or otherwise, and that is prescribed. 1984, c. 18, s. 11; 2018, c. 4, s. 10. PART I Local Government Band Name 12 [Repealed, 2018, c. 4, s. 12] 12.1 [Repealed, 2018, c. 4, s. 12] 13 [Repealed, 2018, c. 4, s. 12] 13.1 [Repealed, 2018, c. 4, s. 12] Naskapi Nation of Kawawachikamach 14 (1) The Naskapi Band of Quebec (Bande Naskapi du Québec, in French, and Kobac Naskapi-aeyouch, in Naskapi), which was formerly the Indian Act Naskapis de Schefferville band and was constituted as a corporation Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Band Name Sections 14-20.1 by this subsection, as it read on July 3, 1984, is continued as the same legal entity bearing the following names, subject to section 16: (a) Naskapi Nation of Kawawachikamach, in English; (b) Nation naskapie de Kawawachikamach, in French; and (c) Naskapi Eeyouch Kawawachikamach, in Naskapi. Name (2) The band may be designated by any of its names mentioned in paragraphs (1)(a) to (c). 1984, c. 18, s. 14; 2018, c. 4, s. 12. 15 [Repealed, 2018, c. 4, s. 12] Change of band name 16 (1) The band may, by by-law approved by the electors of the band at a special band meeting or referendum at which at least 5% of the electors voted on the matter, change its English, French or Naskapi name, but no such by-law is valid unless approved by the Governor in Council. Effective date of by-law (2) A by-law made under subsection (1) and approved by the Governor in Council takes effect on the date of its publication in the Canada Gazette or on such later date as is specified in the by-law. 1984, c. 18, s. 16; 2018, c. 4, s. 13. Membership of Band 17 [Repealed, 2018, c. 4, s. 14] 18 [Repealed, 2018, c. 4, s. 14] 19 [Repealed, 2018, c. 4, s. 14] Membership of band 20 The members of the band are the Naskapi beneficiaries. 1984, c. 18, s. 20; 2018, c. 4, s. 14. Special provision for Indians who are not Naskapi beneficiaries 20.1 A person who, immediately before the coming into force of this Part, was a member of the Indian Act Naskapis de Schefferville band but was not a Naskapi beneficiary Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Membership of Band Sections 20.1-21 (a) shall be deemed to be a member of the band for the purposes of paragraph 21(f), section 45, subsection 55(1), paragraphs 90(2)(a) and (b) and subsections 94(3) and (4) and 103(1); (b) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 63, subparagraph 66(1)(a)(i) and sections 68 and 75, but is not eligible to be elected chief of the band; and (c) shall, if 18 years of age or over and not under curatorship under the laws of the Province, be deemed to be an elector of the band for the purposes of section 81, except where the matter submitted to a vote is a matter referred to in Part VI, VII, VIII or IX. 1984, c. 18, s. 20.1; 2018, c. 4, s. 15. Objects and Powers of Band Objects of band 21 The objects of the band are (a) to act as the local government authority on its Category IA-N land; (b) to use, manage, administer and regulate its Category IA-N land and the natural resources thereof; (c) to control the disposition of rights and interests in its Category IA-N land and in the natural resources thereof; (d) to regulate the use of buildings on its Category IAN land; (e) to use, manage and administer its moneys and other assets; (f) to promote the general welfare of the members of the band; (g) to promote and carry out community development and charitable works in the community; (h) to establish and administer services, programs and projects for members of the band and other residents of Category IA-N land and residents of the Category III land referred to in paragraph 6(b); (i) to promote and preserve the culture, values and traditions of the Naskapi; and (j) to exercise the powers and carry out the duties conferred or imposed on the band or on its predecessor Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Objects and Powers of Band Sections 21-23 Indian Act band by any Act of Parliament or regulations made thereunder, and by the Northeastern Quebec Agreement. 1984, c. 18, s. 21; 2018, c. 4, s. 17. Legal capacity of bands 22 (1) The band has, subject to this Act and the regulations, the capacity, rights, powers and privileges of a natural person. Restriction on band’s commercial activities (2) The band shall not engage, directly or indirectly, in any commercial activity, except in so far as it is related to (a) the management or administration of (i) its Category IA-N land or the natural resources thereof, or (ii) its buildings or other immovable assets on its Category IA-N land; or (b) the provision of public services to or in respect of its Category IA-N land or residents thereof. Band may own shares in corporations (3) Notwithstanding subsection (2), the band may own shares in corporations that carry on commercial activities. 1984, c. 18, s. 22; 2018, c. 4, ss. 18(E), 122(E), 123. Band may not be continued under Canada Business Corporations Act 23 (1) Section 268 of the Canada Business Corporations Act does not apply to the band. Canada Not-for-profit Corporations Act (2) The Canada Not-for-profit Corporations Act does not apply to the band. Application of certain other Acts (3) Where provisions of an Act of Parliament specifically applicable to corporations, other than the Acts mentioned in subsections (1) and (2), would apply to the band, the Governor in Council may by order declare that such Act or any provision thereof does not apply to the band. 1984, c. 18, s. 23; 2009, c. 23, ss. 322, 352; 2018, c. 4, ss. 19, 122(E), 134. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Head Office of Band Sections 24-30 Head Office of Band Head office of band 24 The head office of the band shall be located at such place on its Category IA-N land as is fixed by the band. 1984, c. 18, s. 24; 2018, c. 4, s. 20. Band Council Band council 25 The council of the band is a continuing body consisting of the council members holding office pursuant to Part II. 1984, c. 18, s. 25; 2018, c. 4, s. 122(E). Band acts through its council 26 The band shall act through its council in exercising its powers and carrying out its duties under this Act. 1984, c. 18, s. 26; 2018, c. 4, s. 122(E). Resolutions and by-laws 27 The council shall act by resolution, except where required to act by by-law. 1984, c. 18, s. 27; 2018, c. 4, s. 21(E). Chief 28 The chief of the band is the band’s principal representative and chief executive officer and shall perform any duties assigned to him or her by the regulations and the by-laws of the band. 1984, c. 18, s. 28; 2018, c. 4, s. 21(E). Deputy chief 29 (1) One councillor shall hold office as deputy chief in accordance with an election by-law made under section 64 or in accordance with regulations made under paragraph 67(1)(a). Duties and powers of deputy chief (2) The deputy chief shall perform the duties assigned to him by the regulations and the by-laws of the band, and, in the event that the chief is absent or incapacitated or if the office of chief is vacant, has and may exercise all the powers and duties of the chief. 1984, c. 18, s. 29; 2018, c. 4, s. 22(E). Council Meetings Council meetings 30 By-laws may be enacted or resolutions adopted only at council meetings. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Council Meetings Sections 31-33 Use of Naskapi language at council meetings 31 In addition to any other rights relating to the use of the Naskapi language, the band may conduct its council meetings in the Naskapi language. 1984, c. 18, s. 31; 2018, c. 4, s. 23. Language of by-laws and resolutions 32 (1) A by-law or resolution of the band shall be enacted or adopted in either the English or the French language, and may also be enacted or adopted in the Naskapi language. Versions adopted in more than one language (2) Where a by-law is enacted or a resolution is adopted in more than one of the English, French or Naskapi languages, all versions in which it is enacted or adopted are equally authoritative. 1984, c. 18, s. 32; 2018, c. 4, s. 23. Quorum of council 33 (1) Except as provided in subsection (2), a quorum of the council consists of a majority of the number of positions of council member, subject to subsection 38(5). Idem (2) Where, at any time, vacancies on the council result in there being in office fewer council members than constitute a quorum under subsection (1), the council members remaining in office constitute a quorum, subject to subsection 38(5), for the limited purpose of enabling the council to act in a care-taker capacity until such time as enough vacancies on the council have been filled pursuant to Part II to restore the quorum referred to in subsection (1). Filling of vacancies (3) Nothing in this section shall be construed to relieve the band of its obligation to call elections as required by subsections 76(1) and (2). Where general election called (4) Notwithstanding the length of the term of office of council members fixed pursuant to section 64 or 65 and notwithstanding the band’s obligation under subsection 76(1), where a general election of the band is called, the council of the band in office immediately before the calling of that general election continues in office until the date fixed for that general election. 1984, c. 18, s. 33; 2018, c. 4, s. 24(E). Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Council Meetings Sections 34-38 Chairmanship of meeting 34 (1) The chief or, in his absence, the deputy chief shall act as chairman at council meetings. Idem (2) In the event that both the chief and deputy chief are unable to act as chairman at a council meeting, the council shall designate another councillor to so act. Voting 35 (1) The approval of any matter by the council requires the affirmative votes of the majority of the council members present when the vote is taken, subject to subsection (2) and subsection 38(5). Idem (2) For the purposes of subsection (1), in any vote, where a council member present does not indicate either an affirmative vote or a negative vote or an abstention, he shall be deemed to have voted in the affirmative. Where tied vote (3) In the event of a tied vote, the chairman may, except where disqualified from voting under section 38, cast a second vote to determine the question. 1984, c. 18, s. 35; 2018, c. 4, s. 25(E). 36 [Repealed, 2018, c. 4, s. 26] When council must meet 37 (1) The council shall meet at least once in every calendar quarter. Meetings public (2) Subject to subsection (3), council meetings shall be open to the public. Decorum (3) The chairman of a council meeting may cause to be expelled and excluded from that meeting any person whom he considers guilty of improper conduct at the meeting. 1984, c. 18, s. 37; 2018, c. 4, s. 27(E). Conflict of interest 38 (1) A council member shall disclose to the council any pecuniary interest that he has in any matter before the council and shall not take part in deliberations of the council on that matter or vote on that matter. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Council Meetings Sections 38-40 Where disagreement (2) Where a disagreement arises as to whether a council member has a pecuniary interest in a matter before the council, the council shall decide by vote whether the council member has such an interest, and the council member in question may not take part in that vote. Idem (3) Where the council decides pursuant to subsection (2) that a council member has a pecuniary interest in a matter before the council, the council member in question shall not take part in deliberations of the council on that matter or vote on that matter. Where chairman is disqualified (4) Where, pursuant to this section, the chairman is prohibited from taking part in deliberations and from voting, he may nevertheless continue to act as chairman. Effect of disqualification (5) A council member who, pursuant to this section, is disqualified from taking part in deliberations and from voting shall be considered not to be present for the purposes of (a) determining a quorum under subsection 33(1) or (2); and (b) determining a majority under subsection 35(1). Offence (6) A council member who contravenes subsection (1) or (3) is guilty of an offence. (7) [Repealed, 2018, c. 4, s. 28] 1984, c. 18, s. 38; 2018, c. 4, s. 28. By-laws respecting council meetings 39 The band may make by-laws respecting procedures relating to council meetings, including, without limiting the generality of the foregoing, by-laws respecting notices of meetings, agenda, procedure at meetings and voting. 1984, c. 18, s. 39; 2018, c. 4, s. 122(E). Committees of a Council By-laws respecting committees 40 (1) The band may make by-laws Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Committees of a Council Sections 40-42 (a) establishing such committees as the band considers necessary to assist in the administration of the affairs of the band; and (b) setting out the composition and functions of such committees. Membership of committees (2) By-laws made under subsection (1) may provide for the membership on committees of persons who are not council members. Powers of committees (3) Committees may exercise only advisory or administrative functions and are responsible to the council for the performance of their functions. 1984, c. 18, s. 40; 2018, c. 4, s. 122(E). Band Bodies, Officers, Employees and Agents Bodies, officers, employees and agents 41 (1) The band, by resolution or by-law, (a) shall appoint a band secretary and a band treasurer and fix their remuneration; (b) may prescribe duties for the band secretary and band treasurer in addition to the duties described in sections 42 and 43; and (c) may appoint or engage or provide for the appointment or engagement of such bodies and such officers, in addition to the band secretary and band treasurer referred to in paragraph (a), employees or agents as are necessary for the proper conduct of the affairs of the band, and shall prescribe the duties and fix the remuneration of any body or person so appointed or engaged. Multiple office-holders (2) A person may hold concurrently more than one office referred to in subsection (1). Employment agreements (3) The band may enter into employment agreements with its officers and employees. 1984, c. 18, s. 41; 2018, c. 4, s. 122(E). Duties of band secretary 42 (1) The band secretary is responsible for Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Band Bodies, Officers, Employees and Agents Sections 42-45 (a) the safekeeping of all the books, records and documents of the band; and (b) the preparation of the minutes of all council meetings and band meetings. Secretary may certify band documents (2) The band secretary has the power to issue certified copies of any by-law or resolution of the band, and of minutes of council meetings, special band meetings and ordinary band meetings of the band. Exercise of secretary’s powers (3) The powers referred to in subsection (2) may also be exercised by the chief and by any other person designated by by-law of the band. Duties of band treasurer 43 The band treasurer is the chief financial officer of the band, and is responsible for the receipt and deposit of band moneys and for all aspects of the financial administration of the band. 1984, c. 18, s. 43; 2018, c. 4, s. 29(E). Return of band property 44 (1) Where a person who is a council member, officer or employee of the band ceases, for any reason, to hold office as such, he shall forthwith return to the band any money, keys, books, documents, records or other property of the band that is in his possession by virtue of that office. Failure to comply (2) Any person who fails to comply with subsection (1) is guilty of an offence. 1984, c. 18, s. 44; 2018, c. 4, s. 122(E). By-laws Respecting Local Government Power to make by-laws respecting local government 45 (1) Subject to this section, the band may make bylaws of a local nature for the good government of its Category IA-N land and of the inhabitants of such land, and for the general welfare of the members of the band, and, without limiting the generality of the foregoing, may make by-laws respecting (a) the administration of band affairs and the internal management of the band; Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government By-laws Respecting Local Government Section 45 (b) the regulation of buildings for the protection of public health and safety, including the construction, maintenance, repair and demolition of buildings; (c) health and hygiene, including (i) the prevention of overcrowding of residences, (ii) the sanitary condition of public and private property, (iii) the control or prohibition of activities or undertakings that constitute a danger to public health, (iv) the construction, operation and regulation of waste disposal systems and the collection, removal and disposal of waste generally, and (v) subject to the laws of the Province, the establishment, maintenance and operation of cemeteries; (d) public order and safety, including (i) the establishment, maintenance and operation of fire departments, (ii) the discharge of firearms or of arms discharged by compressed air or any other means, (iii) the keeping of animals, (iv) curfews, (v) the prohibition of the sale or exchange of alcoholic beverages, (vi) the possession or consumption of alcoholic beverages in public places, and (vii) the control of public games, sports, races, athletic contests and other amusements; (e) the protection of the environment, including natural resources; (f) the prevention of pollution; (g) the definition of nuisances and the control and prohibition of nuisances; (h) the taxation for local purposes, otherwise than by means of an income tax, (i) of interests in its Category IA-N land, except those of Canada and Quebec, and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government By-laws Respecting Local Government Section 45 (ii) of occupants and tenants of its Category IA-N land, except Canada and Quebec, subject to subsections (2) and (3) and subject to and in accordance with regulations made under subsection (4); (i) subject to subsection (5), the establishment, maintenance and operation of local services, including services relating to water, sewers, fire protection, recreation, cultural activities, roads, garbage removal and disposal, lighting, heating, power, transportation, communication or snow removal, and respecting user charges for any such service; (j) roads, traffic and transportation, including (i) the operation and speed of vehicles, (ii) the maintenance, construction and operation of roads, (iii) the regulation of traffic of all kinds, (iv) the transportation of dangerous substances, and (v) the establishment, maintenance and operation of wharves, harbours, drydocks and other landing places; (k) the operation of businesses and the carrying on of trades; and (l) parks and recreation. Taxation by-laws (2) The band (a) may not make taxation by-laws other than those described in paragraph (1)(h); and (b) may not make by-laws under paragraph (1)(h) until there are in force regulations made under subsection (4). Idem (3) A by-law made under paragraph (1)(h) must be approved by the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors of the band voted on the matter. Regulations respecting taxation power (4) The Governor in Council may make regulations respecting the exercise, pursuant to paragraph (1)(h), of the band’s power of taxation, including, without Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government By-laws Respecting Local Government Sections 45-46 restricting the generality of the foregoing, regulations respecting (a) assessments and the determination of tax rates; (b) contestation of assessments; (c) collection of taxes; (d) contestation of taxation; and (e) enforcement procedures. User charge by-laws (5) A by-law described in paragraph (1)(i) respecting a user charge for a service may differentiate on an equitable basis between different categories of users and different categories of land that benefit from the service, but (a) may not delegate to anyone the power to prescribe user charges or user charge rates but must itself prescribe the user charges or the user charge rates; and (b) may not prescribe user charges or user charge rates that exceed the total actual or anticipated cost of providing the service. Payment in forms other than money (6) The band may accept payment of a tax referred to in paragraph (1)(h) or a user charge referred to in paragraph (1)(i) in a form other than money. 1984, c. 18, s. 45; 2018, c. 4, ss. 30, 122(E), 123. By-laws re land and resource use and planning 46 (1) The band may make by-laws respecting land and resource use and planning, including, without limiting the generality of the foregoing, by-laws respecting (a) the inventory, use and management of its Category IA-N land and the natural resources thereof; (b) the adoption of land use plans and resource use plans in relation to its Category IA-N land; and (c) use permits relating to its Category IA-N land and buildings located thereon, and the conditions relating to the issuance, suspension or revocation of such permits. Where plan approved by electors (2) Where a land use plan or resource use plan adopted pursuant to subsection (1) has been approved by the electors of the band at a special band meeting or referendum Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government By-laws Respecting Local Government Sections 46-48 at which at least twenty-five per cent of the electors voted on the matter, any by-law or resolution of the band, whether made or adopted previously or subsequently, that is inconsistent with such land use plan or resource use plan is inoperative to the extent of the inconsistency. 1984, c. 18, s. 46; 2018, c. 4, s. 31. Zoning by-laws 47 (1) The band may make by-laws respecting zoning, including, without limiting the generality of the foregoing, by-laws respecting (a) the division of all or part of its Category IA-N land into zones for the purpose of regulating the use of the land, natural resources thereof, and buildings; and (b) the implementation of a land use plan or resource use plan referred to in subsection 46(1) that was approved by the electors of the band under subsection 46(2). Approval of band electors required (2) A zoning by-law other than one described in paragraph (1)(b) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least fifteen per cent of the electors vote on the matter. 1984, c. 18, s. 47; 2018, c. 4, ss. 122(E), 123. By-laws on hunting, fishing, trapping, wildlife protection 48 (1) Subject to this section, the band may make bylaws respecting hunting, fishing and trapping and the protection of wildlife, including, without limiting the generality of the foregoing, by-laws respecting (a) the exercise of the right to harvest referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec); (b) matters described in sections 85 and 86 of that Act; (c) residence requirements relating to sport hunting and sport fishing by persons other than Naskapi beneficiaries, as contemplated by section 37 of that Act; and (d) the right of persons of Naskapi ancestry to harvest for personal use, as contemplated by section 38.1 of that Act. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government By-laws Respecting Local Government Sections 48-48.1 Proposed by-laws to be submitted to Coordinating Committee (2) Subject to subsection (3), a copy of each by-law described in subsection (1) that a band proposes to make shall, a reasonable period of time before its enactment, be submitted by the band to the Coordinating Committee referred to in section 15 of the Northeastern Quebec Agreement and in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), in order to enable that Committee to make representations to the band with respect thereto, but the band is not bound by any such representations. Exceptions (3) Subsection (2) does not apply in respect of a proposed by-law that (a) has previously been submitted to the Coordinating Committee pursuant to that subsection, whether or not it has been changed as a result of representations made pursuant to that subsection; or (b) makes no substantive change to an existing bylaw. Approval of band electors required (4) A by-law described in subsection (1) is subject to the approval of the electors of the band at a special band meeting or referendum at which at least ten per cent of the electors vote on the matter. Minister may disallow certain by-laws (5) A by-law described in paragraph (1)(b) shall come into force on the day on which a copy thereof, certified by the band secretary, is received by the Minister, but the Minister may disallow the by-law at any time within ninety days after receiving it. 1984, c. 18, s. 48; 2018, c. 4, ss. 32, 122(E). By-laws — ticketing scheme 48.1 (1) The band may make by-laws respecting the establishment of a ticketing scheme governing proceedings, commenced by means of a ticket, in respect of the contravention of any by-law of the band indicated in those bylaws. Agreement with Government of Quebec (2) By-laws may be made under subsection (1) only if an agreement is entered into between the band and the Government of Quebec. 2018, c. 4, s. 33. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Procedure for Making By-Laws and Resolutions Sections 49-50 Procedure for Making By-Laws and Resolutions Approval by band electors may be stipulated 49 Where a by-law or resolution is not required by this Act to be approved by the electors of the band, the by-law or resolution may nevertheless provide that it does not come into force unless approved by the electors of the band at a special band meeting or referendum at which the minimum percentage of electors specified in the bylaw or resolution vote on the matter. Original to be signed 50 (1) The original copy of any by-law of the band must be signed by the band secretary or such other person as is designated by by-law. Minutes of council meetings (2) The minutes of a meeting of the band council are not valid unless adopted by the council by resolution and signed by (a) the chairman of the meeting at which they are adopted; and (b) the band secretary or such other person as is designated by by-law. Where approval of band electors required (3) Where a by-law or resolution is required to be approved by the electors of the band at a special band meeting or referendum, the band secretary (a) in the case of a by-law, shall attach to the original copy of the by-law a statement signed by him indicating the date when such approval was given; or (b) in the case of a resolution, shall cause a statement signed by him indicating the date when such approval was given to be recorded in the minutes of the first council meeting following such approval. Non-compliance (4) Non-compliance with this section does not invalidate a by-law or resolution. 1984, c. 18, s. 50; 2018, c. 4, ss. 34, 122(E). Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Procedure for Making By-Laws and Resolutions Sections 51-53 Coming into force of resolutions 51 (1) Subject to subsection (2), a resolution comes into force on the day on which it is adopted by the band or on such later day as is specified in the resolution. Idem (2) Where a resolution is required to be approved by the electors of the band at a special band meeting or referendum, that resolution comes into force on the day on which such approval is given or on such later day as is specified in the resolution. 1984, c. 18, s. 51; 2018, c. 4, s. 122(E). Posting of by-laws 52 (1) Within one week after a by-law has been enacted by the band, or has been enacted by the band and approved by the electors of the band at a special band meeting or referendum (where such approval is required), the band secretary shall post a copy of the by-law on the band’s Category IA-N land at a public place designated by the band. Coming into force of by-laws (2) A by-law enacted by the band shall come into force on the day on which it is posted, whether or not it is posted within the time set out in subsection (1), or on such day, subsequent to the day on which it is posted, as may be specified in the by-law. 1984, c. 18, s. 52; 2018, c. 4, ss. 35, 122(E). Register of by-laws 53 (1) The band secretary shall maintain a register of by-laws in which shall be kept the original copy of all bylaws of the band, including by-laws that have been repealed or are no longer in force. Recording of resolutions (2) The band secretary shall record the full text of every resolution adopted by the band in the minutes of the council meeting at which the resolution was adopted. By-laws to be sent to Minister (3) Within thirty days after the coming into force of a bylaw, the band shall forward a copy thereof to the Minister. Non-compliance (4) Non-compliance with this section does not affect the validity of a by-law or resolution. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Procedure for Making By-Laws and Resolutions Sections 54-60 Obtaining copies of by-laws and resolutions 54 Any person is entitled to obtain a copy of a by-law or resolution of the band on payment of such reasonable fee as is fixed by the band. 1984, c. 18, s. 54; 2018, c. 4, s. 122(E). Challenges to By-Laws or Resolutions Applications for quashing of by-law or resolution 55 (1) Subject to section 56, a member of the band or any other interested person may make application to the Provincial Court or Superior Court of Quebec to have a by-law or resolution of the band quashed, in whole or in part, for illegality or for irregularity in the manner or form of its enactment or adoption. Exclusion of Federal Court’s jurisdiction (2) Notwithstanding the Federal Courts Act, the Federal Court does not have the jurisdiction to hear applications described in subsection (1). 1984, c. 18, s. 55; 2002, c. 8, s. 133(E); 2018, c. 4, s. 122(E). Time limit for applying 56 (1) An application made under section 55 based on an irregularity in the manner or form of the enactment of a by-law or the adoption of a resolution may not be brought after ninety days after the coming into force of the by-law or resolution. Idem (2) An application made under section 55 based on the illegality of the by-law or resolution may not be brought after six months after the coming into force of the by-law or resolution. Subsequent actions 57 Where a by-law or resolution is quashed, any action for anything done under that by-law or resolution lies only against the band and not against any other person. Transitional 58 [Repealed, 2018, c. 4, s. 36] 58.1 [Repealed, 2018, c. 4, s. 36] 59 [Repealed, 2018, c. 4, s. 36] 60 [Repealed, 2018, c. 4, s. 36] Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART I Local Government Transitional Sections 60.1-63 60.1 [Repealed, 2018, c. 4, s. 36] Existing council of Indian Act Naskapi band 61 Subject to section 62, the council of the Indian Act Naskapis de Schefferville band that is in office pursuant to the Indian Act immediately before the coming into force of this Part becomes the council of the band on the coming into force of this Part, and continues in office as such until the expiration of its term of office under the Indian Act or until a day two years after the coming into force of this Part, whichever occurs first. 1984, c. 18, s. 61; 2018, c. 4, s. 36. Provisions of this Act to apply 62 For the transitional period described in section 61, the council has the powers and duties of a band council elected under this Act, and the provisions of this Act and the regulations apply, with such modifications as the circumstances require, to the council as if it had been elected under this Act. 1984, c. 18, s. 62; 2018, c. 4, s. 36. 62.01 [Repealed, 2018, c. 4, s. 36] 62.02 [Repealed, 2018, c. 4, s. 36] 62.03 [Repealed, 2018, c. 4, s. 36] 62.04 [Repealed, 2018, c. 4, s. 36] 62.05 [Repealed, 2018, c. 4, s. 36] 62.06 [Repealed, 2018, c. 4, s. 36] 62.07 [Repealed, 2018, c. 4, s. 36] 62.08 [Repealed, 2018, c. 4, s. 36] 62.09 [Repealed, 2018, c. 4, s. 36] 62.1 [Repealed, 2018, c. 4, s. 36] 62.2 [Repealed, 2018, c. 4, s. 36] 62.3 [Repealed, 2018, c. 4, s. 36] PART II Band Elections Each elector entitled to vote 63 (1) Subject to subsection (2), each elector of the band is entitled to vote in any election of council members held by the band, whether the election is conducted pursuant Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Election By-laws Sections 63-66 to an election by-law made under section 64 or pursuant to regulations made under paragraph 67(1)(a). Exception (2) An elector who is appointed a Returning Officer or a Deputy or Assistant Returning Officer under section 71 in respect of an election is not entitled to vote in that election. 1984, c. 18, s. 63; 2018, c. 4, s. 37. Election By-laws Election by-law 64 Subject to section 65 and subsection 66(1), the band may make by-laws respecting the election and term of office of its council members. 1984, c. 18, s. 64; 2018, c. 4, s. 122(E). Required minimum content of by-law 65 A by-law made under section 64 shall include provision for (a) the calling of elections and notices of elections; (b) the number of positions of council member; (c) the length of the term of office of council members; (d) the method of electing council members; (e) the basis on which one of the council members shall hold the office of chief; (f) the basis on which one of the councillors shall hold the office of deputy chief; (g) nomination procedures; (h) election method and procedure; and (i) the recording and certification of election results. Coming into force and application of election by-law 66 (1) A by-law made under section 64, or any amendment thereto or repeal thereof, (a) does not come into force until it has been approved by (i) the electors of the band at a special band meeting or referendum at which at least twenty per cent of the electors voted on the matter, and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Election By-laws Sections 66-68 (ii) the Minister; and (b) applies only in respect of elections called after its coming into force. Minister’s approval of election by-law (2) The Minister shall approve a by-law made under section 64 if it (a) is within the power of the band under section 64; and (b) includes provision for the matters listed in section 65. Where Minister disallows by-law (3) Where the Minister disallows an election by-law, he shall forthwith inform the band in writing of the reasons why, in his opinion, the by-law does not meet the requirements mentioned in paragraphs (2)(a) and (b). Where Minister deemed to have approved by-law (4) The Minister shall be deemed to have approved an election by-law if he does not, within thirty days of receiving a copy thereof, either approve or disallow it. Regulations respecting elections 67 (1) The Governor in Council may make regulations (a) respecting the election of council members and their term of office, including the matters listed in section 65; and (b) prohibiting acts that are detrimental to the conduct of free and fair elections. Application of regulations (2) The regulations made under paragraph (1)(b) apply to all elections, but those made under paragraph (1)(a) apply only where, at the time of the calling of the election, there was not in force an election by-law made under section 64. Eligibility to be Elected and to Serve as Council Member Eligibility to be elected council member 68 Any elector of the band is eligible to be elected to the office of council member of the band unless he or she (a) has been convicted of contravening a regulation made under paragraph 67(1)(b) within the two year Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Eligibility to be Elected and to Serve as Council Member Sections 68-69 period preceding the date fixed for the holding of the election for that office or, where the most recent election for that office took place before that two year period, in respect of the most recent election for that office; (b) has been appointed as a Returning Officer or as a Deputy or Assistant Returning Officer in respect of the election for that office; (c) is the band secretary or band treasurer referred to in section 41; (d) is a judge to which the Judges Act applies or is a Crown prosecutor; (e) is, on the day fixed for the holding of the election for that office, undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or (f) resides on the Matimekosh Reserve. 1984, c. 18, s. 68; 2018, c. 4, s. 38. Circumstances in which office becomes vacant 69 Apart from general elections referred to in section 74, an office of council member becomes vacant immediately on the occurrence of one of the following events, and only the following events: (a) the election of the office-holder to that office is declared invalid pursuant to subsection 78(7); (b) the office-holder (i) dies or submits his resignation in writing to the council, (ii) is convicted of contravening a regulation made under paragraph 67(1)(b), (iii) is appointed band secretary or band treasurer pursuant to section 41, (iv) is appointed a judge to which the Judges Act applies or a Crown prosecutor, (v) commences a term of imprisonment as a result of having been convicted of an indictable offence, or (vi) is under curatorship under the laws of the Province; (c) the office-holder’s term of office expires, whether pursuant to this Act, a by-law made under section 64 or regulations made under paragraph 67(1)(a); Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Eligibility to be Elected and to Serve as Council Member Sections 69-71 (d) the office-holder resides on the Matimekosh Reserve; or (e) the office is declared vacant pursuant to section 70. 1984, c. 18, s. 69; 2018, c. 4, s. 39. Removal of council member for absence 70 (1) Where a council member has, without permission from the council, been absent from three or more consecutive council meetings otherwise than by reason of illness or incapacity, any fifteen electors of the band may file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether the office of that council member should be declared vacant. Electors to decide question (2) Forthwith after the filing of a petition under subsection (1), the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether the office of the council member in question should be declared vacant, and if, with at least twenty per cent of the electors of the band voting on the question, the special band meeting decides that that office should be declared vacant, that office thereupon becomes vacant. Returning Officers Returning Officers 71 (1) The band shall appoint a person who is not a council member as Returning Officer, and shall fix his or her tenure and term of office. Deputy and Assistant Returning Officers (2) The Returning Officer shall appoint a Deputy Returning Officer and may appoint any Assistant Returning Officers who are necessary to assist him or her in the performance of his or her duties. Absence, etc., of Returning Officer (3) Where the Returning Officer is absent or incapacitated or the office of Returning Officer is vacant, the Deputy Returning Officer has and may exercise all the powers and duties of the Returning Officer. Absence, etc., of both Returning Officer and Deputy Returning Officer (4) In the event of the absence or incapacity of both the Returning Officer and the Deputy Returning Officer or if both such offices are vacant, the band secretary has and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Returning Officers Sections 71-75 may exercise all the powers and duties of the Returning Officer. 1984, c. 18, s. 71; 2018, c. 4, s. 40(E). Eligibility to be appointed 72 A person is not eligible to be appointed a Returning Officer or a Deputy or Assistant Returning Officer if he (a) is not of the age of majority under the laws of the Province; (b) is undergoing a term of imprisonment as a result of having been convicted of an indictable offence; or (c) has, at any time, been convicted of contravening a regulation made under paragraph 67(1)(b). Circumstances in which office becomes vacant 73 A Returning Officer or Deputy or Assistant Returning Officer ceases to hold office forthwith if he (a) is convicted of contravening a regulation made under paragraph 67(1)(b); (b) commences a term of imprisonment as a result of having been convicted of an indictable offence; or (c) is under curatorship under the laws of the Province. 1984, c. 18, s. 73; 2018, c. 4, s. 41. Calling of Elections Meaning of general election 74 (1) Where a general election of the band is held, the term of office of every council member expires on the day of that general election. Band may call general election (2) The band may hold a general election at any time. 1984, c. 18, s. 74; 2018, c. 4, s. 122(E). Electors may request general election 75 (1) Any ten electors of the band may, subject to subsection (2), file a petition with the band secretary requesting that a special band meeting be convened for the purpose of deciding whether a general election of the band should be held. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Calling of Elections Sections 75-76 Limitation (2) A petition may not be filed under subsection (1) within one year after the previous general election or within one year after the filing of the most recent valid petition under that subsection. Electors may require band to call general election (3) Within ten days after the filing of a valid petition under this section, the band shall call a special band meeting, to be held as soon as possible, for the purpose of deciding whether a general election of the band shall be held, and if, at that special band meeting, (a) at least fifty per cent of the electors of the band vote on that question, (b) the majority of those voting vote in favour of holding a general election, and (c) the majority referred to in paragraph (b) consists of at least one-third of the total number of electors of the band, the band shall forthwith hold a general election. 1984, c. 18, s. 75; 2018, c. 4, s. 122(E). Individual election 76 (1) The band shall hold an election for a position of council member forthwith after the expiration of the term of office of that council member. Idem (2) Where a position of council member becomes vacant more than six months before the expiration of the term of office of that council member, the band shall forthwith hold an election for that position. Idem (3) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, the band may hold an election for that position. Where no quorum due to vacancies (4) Where a position of council member becomes vacant less than six months before the expiration of the term of office of that council member, and that vacancy results in there being in office less than the number of council members required to constitute a quorum under subsection 33(1), the band shall, unless it holds an election for that position or a general election, hold an ordinary band meeting within ten days for the purpose of appointing a sufficient number of council members to restore the quorum. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Calling of Elections Sections 76-78 Method of appointment (5) The appointment of council members referred to in subsection (4) shall be made by a vote of the electors of the band. Eligibility rules apply (6) Section 68 applies, with such modifications as the circumstances require, to appointments pursuant to subsection (5). Term of appointed council member (7) A council member appointed pursuant to subsection (5) remains in office for the balance of the term in respect of which the vacancy occurred. 1984, c. 18, s. 76; 2018, c. 4, s. 122(E). Where band fails to hold election 77 (1) Where the band fails to hold an election pursuant to subsection 75(3) or subsection 76(1) or (2) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election in question. Idem (2) Where the band fails to hold an election or a special band meeting pursuant to subsection 76(4) within ten days after its obligation to do so has arisen, the Returning Officer of the band shall hold the election or special band meeting. 1984, c. 18, s. 77; 2018, c. 4, s. 122(E). Contestation of election results Contestation of election 78 (1) Any candidate for election as council member or any 15 electors of the band may, within five days of the day of any election held by the band, contest the election of any council member or council members elected thereat by submitting to the Returning Officer a written notice to that effect. Grounds for contesting election (2) The election of a council member may be contested on the grounds that (a) a regulation made under paragraph 67(1)(b) was contravened in respect of the election of that council member, whether or not anyone has been prosecuted or convicted for such contravention; (b) there was non-compliance with this Act, a by-law made under section 64 or a regulation made under paragraph 67(1)(a) in respect of the election of that council member; or Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Contestation of election results Section 78 (c) the person elected council member was ineligible to be elected to that office. Petition to judge (3) On receipt of a notice under subsection (1), the Returning Officer shall, within two weeks, prepare and submit to a judge of the Provincial Court or Superior Court of Quebec (hereinafter in this section referred to as “the judge”) a petition in prescribed form setting out the name of the person or persons whose election is being contested, the name of the person or persons contesting the election and the grounds on which the election is being contested. Deposit must accompany petition (4) A petition described in subsection (3) must be accompanied by a deposit of two hundred dollars, which, except as provided in subsection (5), shall be refunded to the person or persons contesting the election forthwith after the judge has made a decision on the petition, whether or not the judge declares the election invalid. When deposit forfeited (5) Where the judge is of the opinion that the petition was not made in good faith, he may order the deposit forfeited and, where he so orders, the moneys forfeited shall be applied toward the cost of the court proceedings. Inquiry into allegations (6) The judge shall inquire into the correctness of the allegations contained in the petition, and for such purposes may exercise all the powers of a commissioner under Part I of the Inquiries Act. Judge may declare election invalid (7) Where, after hearing the petition, the judge is satisfied, in respect of the election of one or more council members whose election has been contested, that a ground for contestation contained in the petition has been established and that, in the case of the grounds described in paragraph (2)(a) or (b), the offence or noncompliance materially affected the result of the election, he shall declare invalid the election of the council member or council members in respect of whose election he is so satisfied. Duplication barred (8) The election of any particular council member cannot be contested a second time on the same ground in respect of the same election. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART II Band Elections Contestation of election results Sections 78-83 Effect on office-holder (9) A council member whose election is contested under this section is entitled to remain in office until such time as the judge has declared his election invalid under subsection (7). 1984, c. 18, s. 78; 2018, c. 4, s. 42(E). PART III Meetings and Referenda of the Band Who may attend band meetings 79 Only electors of the band have a right to attend ordinary band meetings and special band meetings, but other persons may attend with the permission of the band. Use of Naskapi language 80 In addition to any other rights relating to the use of the Naskapi language, the band may conduct ordinary band meetings, special band meetings and referenda in the Naskapi language. 1984, c. 18, s. 80; 2018, c. 4, s. 43. Each elector may vote 81 Each elector of the band is entitled to vote in respect of any matter submitted to a vote at an ordinary band meeting, special band meeting or referendum. 1984, c. 18, s. 81; 2018, c. 4, s. 44(E). Ordinary Band Meetings Ordinary band meetings 82 (1) The band shall hold at least one ordinary band meeting each calendar year. By-laws respecting ordinary band meetings (2) The band may make by-laws respecting ordinary band meetings, including, without limiting the generality of the foregoing, by-laws respecting the calling of meetings, the conduct of meetings, quorums, voting, and the preparation and keeping of records of votes taken. 1984, c. 18, s. 82; 2018, c. 4, s. 122(E). Special Band Meetings and Referenda Requirements for approval of measures 83 (1) Except as provided in subsections 75(3) and 144(1), a matter shall be deemed to have been approved Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART III Meetings and Referenda of the Band Special Band Meetings and Referenda Sections 83-86 by the electors of the band at a special band meeting or referendum if (a) the required minimum percentage of electors voted on the matter; and (b) the majority of those voting voted in favour of the matter. Abstentions (2) In any vote at a special band meeting or referendum, an elector who does not cast an affirmative vote or a negative vote or who spoils his ballot shall be deemed not to have voted. 1984, c. 18, s. 83; 2018, c. 4, s. 122(E). Notice of special band meeting or referendum 84 Where the band wishes to hold a special band meeting or a referendum, it shall cause to be posted in a public place in the community, at least ten days prior to the date fixed for such meeting or referendum, a notice specifying the date, time and place of the special band meeting or referendum and containing a brief description of the matters to be decided at that special band meeting or referendum. 1984, c. 18, s. 84; 2018, c. 4, s. 122(E). Presiding officer 85 (1) A presiding officer shall be appointed by the band for any special band meeting or referendum. Duties of presiding officer (2) A presiding officer appointed pursuant to subsection (1) is responsible for the fair and orderly conduct of the special band meeting or referendum, and for the preparation of a statement, attested to by at least one witness, certifying the results of the special band meeting or referendum. Preservation of fair and orderly conduct (3) The presiding officer may take such measures as are necessary to ensure the fair and orderly conduct of a special band meeting or referendum, and may cause any person engaging in disorderly conduct to be ejected from a special band meeting. Assistants (4) The presiding officer may engage such other persons as are necessary to assist him in carrying out his duties under subsections (2) and (3). Band by-laws re special band meetings and referenda 86 (1) The band may make by-laws respecting special band meetings and referenda, including, without limiting Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART III Meetings and Referenda of the Band Special Band Meetings and Referenda Sections 86-88 the generality of the foregoing, by-laws respecting the calling of meetings and referenda, the conduct of meetings and referenda, voting at meetings and in referenda, and the preparation and keeping of records of votes taken. By-laws raising percentage voting requirements (2) Where a provision of this Act, other than subsection (3), stipulates that a matter requires the approval of the electors of the band at a special band meeting or referendum at which a specified minimum percentage of the electors must vote on the matter, the band may make bylaws, subject to subsection (3), fixing a different minimum percentage, not lower than that specified in the relevant provision of this Act. Percentage vote required for by-law under subsection (2) (3) A by-law made under subsection (2) requires the approval of the electors of the band at a special band meeting or referendum at which the same minimum percentage of electors voted on the matter as the minimum specified in the relevant provision of this Act referred to in that subsection. Copy of by-law to Minister (4) The band shall forward to the Minister a copy of any by-law made under this section, within thirty days after its enactment. 1984, c. 18, s. 86; 2018, c. 4, s. 122(E). Regulations respecting special band meetings and referenda 87 (1) The Governor in Council may make regulations respecting special band meetings and referenda, including, without limiting the generality of the foregoing, regulations respecting any of the specific matters referred to in subsection 86(1). Where regulations apply (2) The regulations made under subsection (1) apply in respect of a special band meeting or referendum only if, at the time of the calling of that special band meeting or referendum, there is not in force any applicable by-law made under subsection 86(1). Where regulation or by-law not complied with 88 Non-compliance with a by-law made under section 86 or a regulation made under section 87 does not affect the validity of the result of a vote unless such non-compliance materially affected that result. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Sections 89-90 PART IV Financial Administration Fiscal year of band 89 (1) The fiscal year of the band begins on April 1 of each year and ends on March 31 of the following year, unless otherwise provided by by-law made pursuant to subsection (2). By-law changing fiscal year (2) The band may, by by-law, (a) adopt a fiscal year different from that provided for in subsection (1); or (b) where the band has adopted a different fiscal year pursuant to paragraph (a), revert to the fiscal year provided for in subsection (1). Transition between old and new fiscal years (3) Where a by-law is made under subsection (2), the fiscal year provided for in the by-law cannot commence until after the end of the fiscal year in which the by-law came into force. Idem (4) Where a by-law is made under subsection (2), the period between the end of the fiscal year in which the bylaw came into force and the commencement of the fiscal year provided for in the by-law shall be deemed to be a separate fiscal year for the purposes of this Part. 1984, c. 18, s. 89; 2018, c. 4, s. 122(E). Budget 90 (1) The band shall, by resolution, prior to the beginning of each fiscal year, adopt a budget for that fiscal year, and may, if it deems necessary in the course of the fiscal year, adopt supplementary budgets for that fiscal year. Explanation and distribution (2) Forthwith after adopting a budget or supplementary budget, the band shall (a) explain the budget or supplementary budget to the members of the band at an ordinary band meeting; (b) make a copy thereof available at the head office of the band, for inspection by members of the band at reasonable hours; and (c) send a copy of it to the Minister. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Sections 90-91 Where delay in adopting budget (3) Where the band fails to adopt a budget for a fiscal year prior to the beginning of that fiscal year, the budget and any supplementary budgets of the previous fiscal year apply until a new budget is adopted. By-laws (4) The band may make by-laws respecting the preparation and implementation of budgets. Authorization to spend moneys (5) The band may not expend moneys or commit itself, by contract or otherwise, to expend moneys, unless (a) such expenditure is authorized by or under a bylaw or resolution; and (b) a certificate is issued by the band treasurer stating that moneys are available for such expenditure. Position of other party (6) Non-compliance by the band with subsection (5) does not affect the validity or enforceability, with respect to the other party, of the band’s commitment to expend moneys, if the other party took reasonable steps to satisfy itself that the band had complied with subsection (5). Where inconsistency with budget (7) Where a by-law or resolution referred to in subsection (5) is inconsistent with the band’s budget or a supplementary budget, the by-law or resolution shall so state, but a non-compliance with this subsection does not affect the validity of the by-law or resolution. 1984, c. 18, s. 90; 2009, c. 12, s. 10; 2018, c. 4, ss. 46, 122(E). Books of account and financial records 91 (1) The band shall keep books of account and financial records that (a) contain, as a minimum, (i) an account of all moneys received and disbursed, (ii) an account of revenues and expenditures, (iii) a record of accounts payable and receivable, (iv) an account of assets and liabilities, and (v) an account of all other transactions that may affect the financial position of the band; Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Audit Sections 91-93 (b) conform with generally accepted accounting principles; and (c) permit a comparison between (i) revenues and expenditures as shown in the books of account and financial records, and (ii) the projected revenues and expenditures as shown in the budget and any supplementary budget. Access to books and records (2) The Minister or a council member or elector of the band, or any person authorized in writing by the Minister or by a council member or elector, may, at any reasonable time, inspect the books of account and financial records of the band, and a person is guilty of an offence who (a) obstructs that person; or (b) having control or possession of those books or records, fails to give all reasonable assistance to that person. (2.1) [Repealed, 2018, c. 4, s. 47] 1984, c. 18, s. 91; 2009, c. 12, s. 11; 2018, c. 4, ss. 47, 122(E). Band to prepare annual financial statement 92 Within two months after the end of each fiscal year, the band shall prepare a financial statement in comparative form, containing, as a minimum, (a) a balance sheet; (b) a statement of revenues and expenditures and a comparison of these with the amounts stated in the band’s budget and any supplementary budget; and (c) any other information necessary for a fair presentation of the financial position of the band. 1984, c. 18, s. 92; 2018, c. 4, s. 122(E). Audit Appointment of auditor 93 (1) For each fiscal year, the electors of the band shall, at a special band meeting or referendum at which at least five per cent of the electors voted on the matter, (a) appoint a duly accredited auditor and fix or provide for his remuneration; or (b) authorize the council to appoint a duly accredited auditor and to fix or provide for his remuneration. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Audit Sections 93-94 Where band fails to make appointment (2) Where no auditor has been appointed under subsection (1) within three months after the beginning of a fiscal year, the Minister may appoint an auditor for that fiscal year and fix his remuneration. Term of office (3) The auditor appointed pursuant to subsection (1) or (2) holds office until he is re-appointed, or a new auditor is appointed, under subsection (1) or (2). Where vacancy occurs (4) Where a vacancy occurs during the term of the auditor, the band shall forthwith appoint a new auditor for the remainder of the term of the former auditor and shall fix the new auditor’s remuneration. If band fails to act (5) If the band fails to act under subsection (4), the Minister may appoint a new auditor and fix that auditor’s remuneration. Notice to the band (5.1) The Minister shall inform the band in writing of the appointment. Band to pay remuneration (6) In all cases the auditor’s remuneration shall be paid by the band. 1984, c. 18, s. 93; 2009, c. 12, s. 12; 2018, c. 4, ss. 48, 122(E). Duty of auditor 94 (1) The auditor shall, within four months after the end of the band’s fiscal year, prepare and submit to the band (with a copy to the Minister) a report on the band’s financial statement, stating whether, in the opinion of the auditor, the financial statement presents fairly the financial position of the band in accordance with generally accepted accounting principles applied on a basis consistent with that applied in the previous fiscal year. Where report delayed (2) If the auditor has not been able to prepare the report within the period mentioned in subsection (1), the auditor shall notify the band and the Minister of the reasons for the delay. Explanation of auditor’s report (3) The band shall present and explain the auditor’s report to the members of the band at an ordinary band meeting. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Audit Sections 94-96 Copy of auditor’s report to be made available for inspection (4) The band shall make a copy of the auditor’s report available at the head office of the band, for inspection by members of the band at reasonable hours. 1984, c. 18, s. 94; 2009, c. 12, s. 13; 2018, c. 4, ss. 49, 122(E). Auditor’s access to records, etc. 95 For the purpose of preparing his report under subsection 94(1), the auditor may at all reasonable times inspect the financial records, accounts, books, minutes vouchers and receipts of the band, its subsidiaries and any person or body who administers money on behalf of the band (in so far as the records or other documents relate to the money being administered on behalf of the band), and any person who (a) obstructs the auditor in the performance of his duties, or (b) having control or possession of any such documents, fails to give the auditor all reasonable assistance in the performance of his duties is guilty of an offence. Borrowing Powers of Band Borrowing limitations 96 (1) The band may not borrow money on either a short-term or long-term basis otherwise than in accordance with section 97 and the regulations made under section 98. Short-term and long-term borrowing (2) For the purposes of this section and sections 97 and 98, (a) money shall be deemed to be borrowed on a shortterm basis only if (i) it is borrowed for the purpose of meeting the normal operating expenditures of the band, (ii) it is to be repaid within one year from the day on which it is borrowed, and (iii) the band has, prior to borrowing the money, identified the source of revenue from which the money is to be repaid; and (b) all borrowing that is not on a short-term basis shall be deemed to be on a long-term basis. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Borrowing Powers of Band Sections 96-100 Repayment of loan (3) Where a source of revenue has been identified pursuant to subparagraph (2)(a)(iii), moneys received by the band from that source shall be applied to the repayment of the loan in question. 1984, c. 18, s. 96; 2018, c. 4, s. 122(E). Borrowing by-laws 97 (1) Each borrowing by the band, whether on a shortterm basis or on a long-term basis, must be authorized by a by-law of the band, which by-law must specify (a) the amount to be borrowed and the purpose of borrowing; and (b) the manner and terms of repayment and the repayment date or dates. Long-term borrowing (2) A by-law made under subsection (1) authorizing long-term borrowing, other than for housing purposes, must be approved by the electors of the band at a special band meeting or referendum at which at least 20% of the electors voted on the matter. Idem (3) The band may not borrow on a long-term basis until regulations made under section 98 are in force. 1984, c. 18, s. 97; 2018, c. 4, ss. 50, 122(E). Regulations re long-term borrowing 98 The Governor in Council may make regulations respecting long-term borrowing by the band. 1984, c. 18, s. 98; 2018, c. 4, s. 51. Contracts By-laws re contracts and tenders 99 The band may make by-laws respecting procedures for the awarding of contracts and the calling of tenders in relation thereto, and such by-laws may take into account the preferential contract and employment benefits for Naskapi beneficiaries contained in the Northeastern Quebec Agreement or established pursuant to that agreement. 1984, c. 18, s. 99; 2018, c. 4, s. 52. Appointment of Administrator When administrator may be appointed 100 (1) If, as a result of an inspection by the Minister or a person authorized by the Minister under subsection Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IV Financial Administration Appointment of Administrator Section 100 91(2), the auditor’s report under subsection 94(1), or any non-compliance with the provisions of this Part, the Minister is of the opinion that the financial affairs of the band are in serious disorder, the Minister may give written notice to the band, of his or her intention to appoint an administrator to administer the financial affairs of the band, setting out his or her reasons for so doing. Band’s opportunity to remedy situation (2) Where the band receives a notice under subsection (1), it shall forthwith take corrective measures to remedy the situation referred to in the notice. Appointment of administrator (3) At any time between 60 days and one year after giving notice to the band under subsection (1), the Minister may, if the Minister is of the opinion that the situation referred to in the notice has not been adequately remedied, appoint, by order, an administrator to administer the financial affairs of the band, and the order shall set out the duties of the administrator. The Minister shall send a copy of the order without delay to the band. Effect of appointment (4) Where an administrator has been appointed pursuant to subsection (3), no person shall expend moneys of the band without the consent of the administrator, and any person who violates this subsection is guilty of an offence. Administrator’s term (5) The administrator appointed pursuant to subsection (3) holds office for a term of four months from the date of his appointment. Extension of term (6) At the expiration of the administrator’s term of appointment referred to in subsection (5), the Minister may, where he is of the opinion that the financial affairs of the band continue to be in serious disorder, reappoint the administrator, or appoint a new administrator, for a further period not exceeding four months. Idem (7) The Minister’s power under subsection (6) applies also at the expiration of the term of appointment of an administrator appointed or re-appointed under that subsection. 1984, c. 18, s. 100; 2009, c. 12, s. 14; 2018, c. 4, ss. 53, 122(E). Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART V Residence and Access Rights on Category IA-N Land Sections 101-103 PART V Residence and Access Rights on Category IA-N Land General prohibition against residing, etc. 101 No person may reside on, enter or remain on Category IA-N land otherwise than in accordance with a residence or access right under this Part. 1984, c. 18, s. 101; 2018, c. 4, s. 123. Rights subject to by-laws 102 (1) The exercise of residence or access rights conferred by sections 103 to 106 is subject to any by-law made under subsection (2). By-laws respecting the exercise of residence and access rights (2) The band may make by-laws for the purpose of regulating, on its Category IA-N land, the exercise of residence or access rights conferred by sections 103 to 106, but, except in the case of an authorization to reside under paragraph 103(2)(a) or an authorization of access under paragraph 105(5)(e), such a by-law may not, notwithstanding section 8, unreasonably restrict or, except as provided by subsection 103(3), effectively deny any such residence or access right. 1984, c. 18, s. 102; 2018, c. 4, s. 55. Residence Rights Right to reside on Category IA-N land 103 (1) The following persons have the right to reside on Category IA-N land of the band: (a) a member of the band; (b) the member’s consort, within the meaning of section 174; and (c) the family to the first degree of a person described in paragraph (a) or (b). Special categories of persons who may reside on Category IA-N land (2) In addition to persons described in subsection (1), the following persons may reside on Category IA-N land of the band: (a) a person so authorized in writing by the band or by a by-law of the band; Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART V Residence and Access Rights on Category IA-N Land Residence Rights Sections 103-105 (b) a person so authorized by virtue of a grant from the band under Part VIII; (c) an administrator holding office pursuant to section 100; and (d) subject to subsection (3), a person engaged in administrative or public duties approved by the band or scientific studies approved by the band. Band’s control over number of outsiders (3) The band may prohibit a person described in paragraph (2)(d) from residing on its Category IA-N land where the number of such persons would be such as to significantly alter the demographic composition of the community. 1984, c. 18, s. 103; 2018, c. 4, s. 56. Pre-Agreement residence and occupation rights not affected 104 A person who is not a Naskapi beneficiary and was, immediately before January 31, 1978, residing on or occupying, by virtue of a right of residence or occupancy, land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, and continues to reside on or occupy that land by virtue of that right at the coming into force of this Part, may continue to reside on or occupy that land in accordance with that right until the expiry of that right. 1984, c. 18, s. 104; 2009, c. 12, s. 15; 2018, c. 4, s. 57. Access Rights 105 (1) to (3) [Repealed, 2018, c. 4, s. 58] Right of access to IA-N land (4) The following persons have a right of access to any Category IA-N land: (a) any Naskapi beneficiary; (b) that beneficiary’s consort, within the meaning of section 174; (c) the family to the first degree of a person described in paragraph (a) or (b); and (d) a person deemed by paragraph 20.1(a) to be a member of the band. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART V Residence and Access Rights on Category IA-N Land Access Rights Sections 105-108 Special categories of persons who are permitted access to Category IA-N land (5) In addition to persons described in subsection (4), the following persons are permitted access to Category IA-N land of the band to the extent required in order to exercise their rights or functions referred to below, subject to the terms and conditions of the right or function in question: (a) a person who is authorized by a government body or any other public body, established by or under an Act of Parliament, an Act of the legislature of Quebec or a by-law of the band to perform a public function, establish, operate or administer a public service, construct or operate a public installation or conduct a technical survey thereon; (b) a holder of a right or interest granted under Part VIII in Category IA-N land or in a building situated thereon; (c) a person who has an authorization for commercial exploitation of forest resources referred to in subsection 111(2); (d) a holder of a mining right or other subsurface right referred to in section 115 or a person exercising a right under subsection 113(3); and (e) a person authorized in writing by the band or by a by-law of the band. 1984, c. 18, s. 105; 2009, c. 12, s. 16; 2018, c. 4, s. 58. Public’s access to public facilities 106 Any member of the public is permitted access to the public facilities and installations mentioned in section 191.45 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), where all or any part of such a facility or installation is located on Category IA-N land. 1984, c. 18, s. 106; 2018, c. 4, s. 59. Matimekosh Reserve 107 Despite the Indian Act, a Naskapi beneficiary who, immediately before the coming into force of this section, resided on the Matimekosh Reserve has the right to continue to reside on, and enjoy access to and movement about, that reserve, subject to subsection 20.25A of the Northeastern Quebec Agreement. 1984, c. 18, s. 107; 2018, c. 4, s. 59. Obstruction and trespass 108 (1) Every person who Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART V Residence and Access Rights on Category IA-N Land Access Rights Sections 108-111 (a) unlawfully interferes with a person’s residence or access right under this Part, or (b) resides on, enters or remains on Category IA-N land otherwise than in accordance with a residence or access right under this Part is guilty of an offence. Other remedies preserved (2) Subsection (1) does not affect any right or remedy that, but for that subsection, would be available in respect of a contravention of section 101. 1984, c. 18, s. 108; 2018, c. 4, s. 123. PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land Quebec retains bare ownership 109 (1) Quebec retains the bare ownership of Category IA-N land. Band’s rights — land and resources (2) Subject to this Act, the band has the exclusive use and benefit of its Category IA-N land and the natural resources thereof, and may administer, manage, control, use and enjoy that land and the natural resources thereof for community, commercial, industrial, residential or other purposes, as if it were the owner thereof. 1984, c. 18, s. 109; 2018, c. 4, s. 60. Soapstone Deposits Band ownership of soapstone deposits 110 All deposits of soapstone, and any other similar material used for traditional arts and crafts of the Naskapi on Category IA-N land of the band are the property of the band. 1984, c. 18, s. 110; 2018, c. 4, s. 61. Forest Resources Band’s rights subject to provincial control 111 (1) The band has the exclusive right to the commercial exploitation of forest resources on its Category IA-N Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land Forest Resources Sections 111-113 land without the payment of stumpage dues, but it may not exercise the right conferred on it by this subsection, either directly or through persons authorized by the band, unless it obtains cutting rights or a licence to cut timber from the provincial Minister responsible therefor, as required by section 191.40 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec). Where approval required at band meeting (2) An authorization from the band to a person for commercial exploitation of forest resources on the band’s Category IA-N land requires the approval of the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter. Right of member of band (3) Subject to any by-law of the band made under section 45 restricting or prohibiting the use of forest resources, a member of the band may use forest resources on Category IA-N land of the band for personal or community purposes. 1984, c. 18, s. 111; 2018, c. 4, s. 62. Gravel Gravel 112 Where it has obtained a permit pursuant to section 191.38 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec), the band may use, in accordance with that permit, gravel and other similar material generally used for personal or community earthworks. 1984, c. 18, s. 112; 2018, c. 4, s. 63. Mineral, Subsurface and Mining Rights Mineral and subsurface rights 113 (1) Subject to this Act, Quebec retains the ownership of all mineral rights and subsurface rights on Category IA-N land. Consent and compensation requirements (2) Subject to subsection (3), after January 31, 1978, no mineral right or subsurface right on Category IA-N land of the band may be granted or exercised and no mineral Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land Mineral, Subsurface and Mining Rights Sections 113-116 or other subsurface material or substance may be mined or extracted from such land without the consent of the band and payment to the band of compensation agreed to by the band. Exception (3) A holder of a right or title described in section 115 may, without the consent and payment referred to in subsection (2) but subject to subsections 116(1) and (3) and the payment of compensation as set out in subsection 116(4), explore for and exploit minerals on adjacent Category IA-N land if those minerals extend continuously from the minerals that are the object of the permit, right or title. (3.1) [Repealed, 2018, c. 4, s. 64] Where approval required at band meeting (4) The following require approval by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter: (a) the giving by the band of the consent referred to in subsection (2); (b) a grant by the band of a right or interest in its Category IA-N land in connection with the giving of the consent referred to in subsection (2); and (c) the band’s agreement as to the type and amount of the compensation referred to in subsection (2). 1984, c. 18, s. 113; 2009, c. 12, s. 17; 2018, c. 4, ss. 64, 122(E). 114 [Repealed, 2018, c. 4, s. 65] Holders of prior rights or titles to minerals 115 A holder of a right or title (including a mining claim, development licence, exploration permit, mining concession and mining lease) to minerals (“minerals” as defined in the Mining Act (Quebec) as it read on January 31, 1978) granted before January 31, 1978 on land surrounded by or adjacent to land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement may, subject to subsections 116(3) and (4), use that Category IA-N land to the extent necessary for the exercise of his or her right or title. 1984, c. 18, s. 115; 2009, c. 12, s. 19; 2018, c. 4, s. 65. Manner in which rights must be exercised 116 (1) The rights conferred by subsection 113(3) may not be exercised otherwise than in accordance with Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land Mineral, Subsurface and Mining Rights Sections 116-117 Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes. (1.1) and (2) [Repealed, 2018, c. 4, s. 66] Manner in which rights must be exercised (3) The right conferred by section 115 may not be exercised otherwise than in accordance with Division XXII of the Mining Act (Quebec) as it read on January 31, 1978, except that the expropriation of servitudes provided for by that Division shall be restricted to temporary servitudes. Compensation to band (4) Where Category IA-N land is used pursuant to subsection 113(3) or section 115, compensation shall be paid to the band (a) in the form of an equal area of land, where the Category IA-N land is used for a purpose other than exploration; or (b) where the Category IA-N land is used for the purpose of exploration, in an amount equivalent to that paid to Quebec for the use of its land in similar cases. Procedure re replacement land (5) Where compensation is payable under paragraph (4)(a), sections 125 and 126 apply, with such modifications as the circumstances require. 1984, c. 18, s. 116; 2009, c. 12, s. 20; 2018, c. 4, s. 66. Pre-Existing Rights and Interests on Category IA-N Land 117 (1) and (1.1) [Repealed, 2018, c. 4, s. 68] Certain pre-existing rights on IA-N land to continue until expiry (2) A holder of any lease, occupation permit or other grant or authorization the term of which lease, permit, grant or authorization had not expired at the coming into force of this Part, granted in writing by Quebec before January 31, 1978 on land that subsequently became Category IA-N land pursuant to the Northeastern Quebec Agreement, may continue to exercise his rights under such lease, permit, grant or authorization, as if the land were Category III land, until the end of the term fixed therein, or, where the term is renewed on or after January 31, 1978, until the end of the renewal period. (3) and (3.1) [Repealed, 2018, c. 4, s. 68] Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VI Rights of Band, Quebec and Others in Relation to Category IA-N Land Pre-Existing Rights and Interests on Category IA-N Land Section 117 Previously held rights and interests (4) Where, immediately before the coming into force of this Part, a person held a right or interest, lawfully granted by the Minister or by the Indian Act Naskapis de Schefferville band, (a) in Category IA-N land, (b) in land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or (c) in a building situated on land described in paragraph (a) or (b), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest that is equivalent to the person’s former right or interest, whereupon the person’s former right or interest expires; and where the person does not make the request within two years after the coming into force of Part VIII, that person’s former right or interest expires at the end of that period. (5) and (5.1) [Repealed, 2018, c. 4, s. 68] Previous possession or occupation (6) Where, immediately before the coming into force of this Part, a person was in possession of, or occupied, with the explicit consent of the Indian Act Naskapis de Schefferville band, (a) Category IA-N land, (b) land that became Category IA-N land by virtue of the Northeastern Quebec Agreement, or (c) a building owned by that band and situated on land described in paragraph (a) or (b), but that person was not a holder of a right or interest in that land or building referred to in subsection (2) or (4), the band shall, if that person so requests within two years after the coming into force of Part VIII, forthwith grant to that person under that Part a right or interest in such land or building that is equitable in the circumstances, taking into account that possession or occupation and all other relevant factors. Certain restrictions applicable (7) Subsections 132(2) and (4) and section 137 apply, with any modifications that the circumstances require, in respect of a grant by the band of a right or interest in land pursuant to subsection (4) or (6). 1984, c. 18, s. 117; 2009, c. 12, s. 21; 2018, c. 4, s. 68. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 118-120 PART VII Expropriation of Category IA-N Land by Quebec Definition of expropriating authority 118 In this Part, expropriating authority means (a) Quebec; or (b) any public body having the power of expropriation under the laws of the Province and specifically authorized by Quebec to carry out the expropriation in question. Expropriations 119 (1) An expropriating authority may not expropriate any Category IA-N land or any interest therein except as provided by this Part. Quebec Expropriation Act (2) The Expropriation Act (Quebec) applies to expropriations under this Part, except to the extent that it is inconsistent with or in conflict with this Act, in which case this Act prevails to the extent of the inconsistency or conflict. 1984, c. 18, s. 119; 2018, c. 4, s. 69. Expropriation for public services or structures 120 (1) Subject to this Part, an expropriating authority may expropriate in full ownership any Category IA-N land or any building thereon, or may expropriate a servitude over any Category IA-N land, but only for the purpose of, and to the extent necessary for, the establishment of the following public services or structures: (a) infrastructures, such as regional roads and arteries, bridges, airports, maritime structures and protection and irrigation facilities; (b) services normally provided by local or municipal governments, including water systems, sewers, purification plants, treatment plants and fire protection services; (c) public utilities, including electricity, gas and oil, and telephone and other types of telecommunications; (d) gas or oil pipelines, and energy transmission lines, subject to subsection (2); and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 120-121 (e) any other service or structure similar to those mentioned in paragraphs (a) to (d) established pursuant to the laws of the Province. Pipelines and transmission lines (2) An expropriating authority may expropriate for a purpose mentioned in paragraph (1)(d) only if (a) the expropriating authority has previously made all reasonable efforts to locate the pipeline or transmission line on (i) Category III land, or (ii) [Repealed, 2018, c. 4, s. 70] (iii) Category II-N land, in the case of an expropriation of Category IA-N land or of a servitude over Category IA-N land and has been unable to do so at a cost substantially equivalent to or lower than the cost of locating the pipeline or transmission line on Category IA-N land; and (b) the pipeline or transmission line is to be located as far as possible from the centre of any residential area located on Category IA-N land. 1984, c. 18, s. 120; 2018, c. 4, s. 70. What may be expropriated 121 (1) Except as provided in subsections (2) and (3), an expropriating authority may expropriate only servitudes. Expropriation in full ownership where necessary (2) Where a service or structure mentioned in subsection 120(1) cannot be established without a taking of the full use and enjoyment of the Category IA-N land, the expropriating authority may expropriate the land in full ownership. Expropriation in full ownership required in certain cases (3) Where the expropriation of a servitude for the establishment of a service or structure mentioned in subsection 120(1) would effectively prevent the use or enjoyment by the band or its members of the land on which the service or structure is to be established, the expropriating authority may not expropriate the servitude in question but may only expropriate the land in full ownership. 1984, c. 18, s. 121; 2018, c. 4, s. 123. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 122-124 Band entitled to compensation 122 (1) Subject to section 123, the band is entitled to compensation from the expropriating authority in accordance with this section. Compensation in land (2) The band is entitled to be compensated with an equal area of land where the expropriation is for a purpose mentioned in paragraph 120(1)(d). Compensation in money (3) The band is entitled to be compensated in money in respect of an expropriation of a servitude for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the amount of compensation must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter. Compensation in land or money or both (4) The band is entitled to be compensated with an equal area of land or in money, or partly with land and partly in money, at the band’s option, in respect of land expropriated in full ownership for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e), and the type and amount of compensation must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter. Compensation in money (5) Notwithstanding subsections (2) and (4), the expropriating authority may compensate the band exclusively in money in the circumstances described in the third paragraph of section 191.22 of An Act respecting the land regime in the James Bay and New Quebec territories (Quebec). 1984, c. 18, s. 122; 2018, c. 4, ss. 71, 122(E). Where no compensation payable 123 The band is not entitled to any compensation where the expropriation is for a purpose mentioned in paragraph 120(1)(a), (b), (c) or (e) and the service or structure in question is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. 1984, c. 18, s. 123; 2018, c. 4, s. 72. Services deemed to be of direct benefit 124 (1) For the purposes of section 123, the following services or structures shall be deemed to be of direct benefit under that section: Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Section 124 (a) services expressly requested by the band from the expropriating authority; (b) essential services for the use of the members of the band as a community; (c) local services normally provided by a municipal or local government, including local roads, bridges, airports and other similar services; and (d) local services normally provided by a public utility. Statement on expropriation notice (2) An expropriating authority shall indicate on an expropriation notice whether or not the service or structure to be established on the land being expropriated is, in the opinion of the expropriating authority, of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. Idem (3) Where the expropriating authority referred to in subsection (2) fails to indicate its opinion in accordance with that subsection or indicates that, in its opinion, the service or structure referred to in subsection (2) is not of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, the service or structure shall be deemed, for the purposes of this Part, not to be of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land. Disputes referrable to Administrative Tribunal of Quebec (4) Where the band and an expropriating authority disagree as to whether a service or structure is of direct benefit to the members of the band as a community or to a significant portion of the band’s Category IA-N land, or disagree as to whether a service or structure is one described in paragraphs (1)(a) to (d), the issue shall be determined by the Administrative Tribunal of Quebec, unless the parties have agreed to submit the matter to final and binding arbitration. Burden of proof on expropriating authority (5) In any disagreement referred to in subsection (4), the burden of proof lies on the expropriating authority. Factors to be considered (6) In determining whether a service or structure is one described in paragraph (1)(b), (c) or (d) or whether a service or structure not described in subsection (1) is of direct benefit to the members of the band as a community Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 124-125 or to a significant portion of the band’s Category IA-N land, regard shall be had to the potential use by the members of the band as a community of the service or structure, the advantages of the service or structure to the members of the band as a community, and the anticipated benefit of the service or structure to the Category IA-N land of the band. 1984, c. 18, s. 124; 2018, c. 4, ss. 73, 122(E). Rules governing compensation wholly or partly in land 125 (1) Where the band is entitled to be compensated with land under paragraph 116(4)(a) or subsection 122(2) or elects to be compensated wholly or partly with land under subsection 122(4), the following rules apply: (a) as soon as possible after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the band shall indicate to the expropriating authority its preference as to the selection of replacement land, which preference must have been agreed to by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter; (b) if the selection of replacement land proposed by the band under paragraph (a) is not acceptable to Quebec, Quebec shall, taking into account the preference of the band as expressed under that paragraph, propose to the band alternative replacement land that (i) is Category III land, (ii) is adjacent to Category IA-N land of the band, and (iii) is double the area of, and has characteristics reasonably similar to those of the expropriated land; (c) the band may select from the alternative replacement land proposed by Quebec under paragraph (b) an area of land equal to the area of the expropriated land, and such selection must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter; (d) once replacement land has been accepted by the band, the necessary measures shall forthwith be taken by Quebec and Canada to set aside that replacement land as Category IA-N land of the band, unless other arrangements are agreed to between Quebec and the band and approved at a special band meeting or Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 125-127 referendum at which at least 25% of the electors voted on the matter; and (e) where no agreement is reached between Quebec and the band as to the selection of replacement land within one hundred and twenty days after service of the expropriation notice (where the band has not contested the right to expropriate) or after the final judgment on the right to expropriate (where the band has contested that right), the compensation to the band shall be in the form of money instead of replacement land, and where the parties cannot agree on the amount of money, which amount must be approved by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter, section 127 applies. (2) [Repealed, 2018, c. 4, s. 74] 1984, c. 18, s. 125; 2018, c. 4, s. 74. Reclassification of expropriated land that is no longer required 126 Where (a) the band has been compensated with replacement land pursuant to paragraph 116(4)(a) or subsection 122(2) or (4), or (b) no compensation was paid to the band pursuant to section 123, and subsequently the expropriated land is no longer required by the expropriating authority for the purpose for which it was expropriated, Canada and Quebec shall forthwith, if requested by the band by resolution approved by the electors of the band at a special band meeting or referendum at which at least 25% of the electors voted on the matter, take the necessary measures to reclassify the expropriated land as Category IA-N land, and, in the situation described in paragraph (a), shall take the necessary measures to return the replacement land to its former classification. 1984, c. 18, s. 126; 2018, c. 4, s. 75. Determination of amount of money compensation referrable to Administrative Tribunal of Quebec 127 Where compensation is payable wholly or partly in money pursuant to subsection 122(3) or (4) or paragraph 125(1)(e), and the parties cannot agree on the amount of such compensation, the amount shall be determined by the Administrative Tribunal of Quebec in accordance with the Expropriation Act (Quebec), unless the parties submit the matter to final and binding arbitration. 1984, c. 18, s. 127; 2018, c. 4, s. 75. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 128-129 When work may begin on service or structure 128 In any expropriation under this Part, the establishment of the service or structure or the commencement of construction related thereto may proceed after sixty days from service of the expropriation notice (where the band has not contested the right to expropriate) or from the final judgment on the right to expropriate (where the band has contested that right), even if negotiations concerning compensation have not been concluded. When expropriated land ceases to be Category IA-N land 129 Where Category IA-N land has been expropriated in full ownership under this Part, the expropriated land ceases to be Category IA-N land (a) in the case where the band is not entitled to any compensation, as of the later of the two following dates: (i) the date of the final judgment on the contestation of the right to expropriate or, where there is no such contestation, as of the day following the last day on which a motion of contestation may be presented, and (ii) where the band claims a right to compensation, the date of the final judgment declaring that the band is not entitled to any compensation; (b) in the case where the band is entitled to compensation in money, or elects pursuant to subsection 122(4) to be compensated in money, the day on which an agreement respecting compensation is concluded or, where there is no agreement as to compensation, as of the date of the final judgment on the amount of compensation pursuant to section 127; (c) in the case where the band is entitled to compensation in the form of land, or where the band elects pursuant to subsection 122(4) to be compensated entirely in land, the latest of the following days: (i) the day on which Canada sets aside the replacement land as Category IA-N land of the band, (ii) the day on which an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and (iii) the day of the final judgment on the amount of money compensation, where there has been no agreement on money compensation under paragraph 125(1)(e); or Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VII Expropriation of Category IA-N Land by Quebec Sections 129-130 (d) in the case where the band elects, pursuant to subsection 122(4), to take compensation partly in the form of land and partly in money, the latest of the following days: (i) the day on which Canada sets aside replacement land as Category IA-N land of the band, (ii) the day on which an agreement on money compensation is concluded, (iii) the day on which, failing an agreement as to replacement land, an agreement on money compensation pursuant to paragraph 125(1)(e) is concluded, and (iv) the day of the final judgment on the amount of money compensation, where the amount of money compensation is not agreed on. 1984, c. 18, s. 129; 2018, c. 4, ss. 76, 123. PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Definitions 130 (1) In this Part, lease does not include an emphyteutic lease; (bail) transfer means a transfer made directly or indirectly, but does not include a transfer by testamentary or intestate succession. (transfert) Deemed transfer of corporation’s right or interest (2) For the purposes of this Part, where a corporation holds a right or interest in Category IA-N land and subsequently there is a change in the effective voting control of that corporation (otherwise than by testamentary or intestate succession), a transfer of that right or interest shall be deemed to have occurred. Civil Codes (3) In construing the nature and extent of the rights and interests listed in subsection 132(1), reference shall be had to the Civil Code of Quebec and the Civil Code of Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Sections 130-132 Lower Canada to the extent that they are not inconsistent with this Act or with the provisions of the grant of that right or interest. 1984, c. 18, s. 130; 2018, c. 4, s. 123. Quebec landlord and tenant law 131 Unless otherwise provided in the lease, provincial laws relating to the rights and obligations of lessors and lessees do not apply to a lease for residential purposes of a building situated on Category IA-N land. 1984, c. 18, s. 131; 2018, c. 4, s. 123. Grants by band 132 (1) The band may, subject to this Part, grant (a) with respect to its Category IA-N land, a lease, usufruct, servitude, superficie or other right of use or occupation; and (b) with respect to its buildings on its Category IA-N land, a lease, emphyteutic lease or usufruct, or a right of ownership, co-ownership, use or habitation, or other right of use or occupation or, subject to the approval of the electors of the band described in subsection 193(3), a hypothec or other charge. Maximum term of land grant (2) The term of a grant made under paragraph (1)(a) may not exceed seventy-five years. Band elector approval for non-residential grants in land over 10 years (3) A grant for a term of ten years or more made under paragraph (1)(a) for non-residential purposes has no effect unless approved by the electors of the band at a special band meeting or referendum at which (a) at least ten per cent of the electors of the band voted on the matter, in the case of a grant for a term of less than twenty-five years; or (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of a grant for a term of twenty-five years or more. How term computed (4) For the purposes of subsections (2) and (3), any period in respect of which a grantee has a right of renewal shall be deemed to be included in the original term of the grant. 1984, c. 18, s. 132; 2018, c. 4, ss. 122(E), 123. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Sections 133-134 Grants to be in writing 133 A grant made or authorization given under this Part has no effect unless it is made in writing by the band and accepted in writing by the person to whom it is given. Freedom of contract 134 (1) A grant made or authorization given under this Part may contain any terms and conditions not inconsistent with this Act. Implied terms where grant silent (2) Unless otherwise provided in writing in a grant made under this Part, (a) the term of a grant for non-residential purposes shall be deemed to be one year, except in the case of a grant of ownership or co-ownership of a building; (b) the term of a grant for residential purposes made to an individual shall be deemed to be fifty years, except in the case of a grant of ownership or co-ownership of a building; (c) the band may terminate the right or interest granted after non-use by the grantee of the right or interest for a continuous period of five years; (d) the right or interest granted includes such ancillary rights as are necessary for the reasonable exercise of the right or interest granted; and (e) the right or interest granted does not include (i) the right of accession, (ii) the right to renew the term of the grant, (iii) the right to reside, (iv) in the case of a right or interest in land, (A) the right to subsequently transfer the right or interest or any part thereof to another person, and (B) the right to construct or own a building on the land or otherwise have a building located on the land, except in the case of a grant of superficie, and (v) in the case of a right or interest in a building originally granted by the band for non-residential purposes, the right to subsequently transfer that right or interest or any part thereof to another person. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Superficie Sections 135-136 Commercial fisheries and outfitting operations 135 (1) A grant by the band relating to its Category IAN land does not permit the grantee to use that land for (a) a commercial fishery, or (b) an outfitting operation within the meaning of An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec) unless explicit permission for such use is included in the terms of the grant or is subsequently given by the band. Approval of band electors required (2) Permission to use Category IA-N land for a purpose mentioned in paragraph (1)(a) or (b), whether included in the terms of the grant or subsequently given by the band, requires the approval of the electors of the band at a special band meeting or referendum at which (a) at least ten per cent of the electors of the band voted on the matter, in the case of permission for a period of less than twenty-five years; or (b) at least twenty-five per cent of the electors of the band voted on the matter, in the case of permission for a period of twenty-five years or more. 1984, c. 18, s. 135; 2018, c. 4, ss. 78, 123. Superficie Right of superficie 136 (1) For the purposes of this Part, a right of superficie is a right in land that entitles the holder of the right (referred to in this section as the “superficiary”) to construct and own buildings on the land. Termination of a right of superficie (2) In addition to terminating through the operation of paragraphs 134(2)(a) and (b), a superficie granted under section 132 shall be deemed to expire if the band becomes the superficiary, or if there is a total loss of the land subject to the superficie. Restoration of land to initial state (3) Unless otherwise agreed to in writing by the band and the superficiary prior to the expiration of the term of a superficie, the superficiary shall, at his own expense and prior to the expiration of the term of the superficie, (a) remove or demolish any building owned by him on the land; and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Superficie Section 136 (b) restore the land as near as possible to the state that it was in at the commencement of the term of the superficie. Notice to band of intended demolition (4) At least ninety days before demolishing a building pursuant to paragraph (3)(a), the superficiary shall give notice to the band of his intention to demolish the building. Band may elect to purchase building (5) The band shall, within forty-five days after receiving a notice referred to in subsection (4), give notice to the superficiary as to whether the band elects or does not elect to purchase the building, and, where the band fails to give such notice within that period, it shall be deemed to have elected not to purchase the building. Effect of band’s election to purchase building (6) Where the band elects under subsection (5) to purchase the building, the building becomes the property of the band at the time when the band gives notice to the superficiary of its election to purchase the building, and the band shall forthwith compensate the former superficiary in an amount to be agreed on between the band and the superficiary or, where no agreement can be reached, at the fair market value. Registration of notice of election to purchase (7) Where, pursuant to subsection (5), the band gives notice to the superficiary that it elects to purchase the building, the band shall cause a copy of that notice to be registered in the land registry system established by Part X, but non-compliance with this subsection does not affect the validity of the notice. Where superficiary does not comply with subsection (3) and band does not purchase building (8) Where the band does not elect to purchase the building pursuant to subsection (5) and the superficiary fails to comply with subsection (3), then the building becomes the property of the band on the expiration of the term of the superficie, with no compensation payable to the superficiary. Removal and demolition of building (9) Where the band removes or demolishes a building within one year after becoming the owner thereof pursuant to subsection (8), the former superficiary is liable for reasonable costs incurred by the band in so removing or demolishing the building and in restoring the land, within that one year period, as near as possible to the Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings Superficie Sections 136-138 state that it was in at the commencement of the term of the superficie. 1984, c. 18, s. 136; 2018, c. 4, s. 122(E). Subsequent Transfers of Rights or Interests Band approval for transfer of land originally granted for residential purposes 137 (1) Where a right or interest in land was originally granted by the band for residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest on any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently. Approval of electors for transfer of land originally granted for non-residential purpose (2) Where a right or interest in land was originally granted by the band for non-residential purposes under paragraph 132(1)(a), a subsequent transfer of that right or interest or any part thereof is of no effect unless authorized by the band, either in the original grant or subsequently, with the approval of the electors of the band at a special band meeting or referendum at which the same percentage of electors voted on the matter as would be required if the right or interest being transferred were being granted by the band under paragraph 132(1)(a). Approval for deemed transfer of corporation’s right or interest (3) Where a transfer of a right or interest of a corporation in Category IA-N land of the band is deemed to have occurred by virtue of subsection 130(2) as a result of a change in the effective voting control of the corporation and that change in the effective voting control had not been previously authorized by the band pursuant to subsection (1) or (2), as the case may be, that right or interest of the corporation reverts to the band as of the date of the change in effective voting control of the corporation. 1984, c. 18, s. 137; 2018, c. 4, ss. 79(E), 122(E). General Consultation requirements before certain projects undertaken 138 The band shall consult with the department or agency of the Government of Quebec or other person designated by Quebec and the Minister before permitting a person other than a Naskapi beneficiary, a body composed of a majority of Naskapi beneficiaries, or a party to the Northeastern Quebec Agreement to develop a project Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART VIII Dispositions of Rights and Interests in Category IA-N Land and Buildings General Sections 138-142 of a regional or provincial nature on the band’s Category IA-N land. 1984, c. 18, s. 138; 2009, c. 12, s. 22; 2018, c. 4, s. 80. Land to be allocated for community services 139 (1) The band shall allocate land necessary for community services provided by Quebec, its agents or mandataries, such as roads, schools, hospitals, police stations and other similar services. (1.1) [Repealed, 2018, c. 4, s. 81] Mode of allocation and fee (2) The allocation of land by the band pursuant to subsection (1) shall be effected by way of servitude, lease or similar contract, and for a fee not exceeding one dollar. 1984, c. 18, s. 139; 2009, c. 12, s. 23; 2018, c. 4, ss. 81, 122(E). No prescription 140 No right or interest in Category IA-N land may be acquired by prescription. 1984, c. 18, s. 140; 2018, c. 4, s. 123. PART IX Cessions by Band Definitions 141 (1) In this Part, cession means the ceding of the whole of the rights and interests of the band in or on any of its Category IA-N land; (abandon) registered means registered in the land registry system referred to in Part X. (enregistré) Granting of rights or interests under other Parts of Act (2) For greater certainty, the granting of rights or interests by the band in its Category IA-N land pursuant to any other Part of this Act does not constitute a cession within the meaning of this Part. 1984, c. 18, s. 141; 2018, c. 4, s. 83. Cessions by band 142 (1) The band may make a cession, but only to Quebec and only in accordance with this Part. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IX Cessions by Band Sections 142-144 Conditional or unconditional cession (2) A cession may either be unconditional or may be subject to such terms and conditions as are contained in the Instrument of Cession. 1984, c. 18, s. 142; 2018, c. 4, s. 122(E). Requirements for valid cession 143 (1) A cession is not valid unless (a) it is approved by the band in accordance with section 144; (b) an Instrument of Cession is executed by the band in accordance with paragraph 146(b); (c) the statement and document referred to in paragraphs 146(a) and (b) have been submitted to the Minister in accordance with section 146; (d) the Governor in Council passes an order in council in accordance with section 147 transferring to Quebec the administration, management and control of the land described in the Instrument of Cession; and (e) Quebec has, within six months of the date of the execution of the Instrument of Cession or such longer period as is specified in the Instrument of Cession, (i) accepted the cession in accordance with the terms and conditions specified in the Instrument of Cession, and (ii) accepted the transfer from Canada of the administration, management and control of the land described in the Instrument of Cession. Effective date of a cession (2) The effective date of a cession is the date on which Quebec accepts the cession and the transfer of the administration, management and control pursuant to paragraph (1)(e), unless a later date is specified in the Instrument of Cession, in which case the effective date of the cession is that later date. Cession must be approved by referendum 144 (1) A cession requires the approval of the electors of the band in a referendum in which more than 50% of the electors of the band vote in favour of the cession. Notice of referendum (2) At least thirty days prior to the day fixed for a referendum in which a proposed cession is to be voted on, a notice described in subsection (3) Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IX Cessions by Band Sections 144-146 (a) must be delivered to all holders of registered rights or interests in or on the land subject to the proposed cession by personal service or by registered mail to the holder’s address that is registered in the land registry office; and (b) must be posted on the band’s Category IA-N land at a public place designated by the band. Contents of notice (3) The notice referred to in subsection (2) must clearly state that a proposed cession is to be voted on in the referendum, and must clearly set out (a) the time and place of the referendum; (b) a reasonably accurate description of the land subject to the proposed cession; and (c) the principal terms and conditions of the proposed cession. 1984, c. 18, s. 144; 2018, c. 4, s. 84. Rights or interests 145 (1) The existence of rights or interests of persons other than the band in or on Category IA-N land, or in a building located thereon, does not in itself bar a cession of that land. Effect of cession on certain rights (2) Except as provided by any agreement to the contrary between the band and Quebec, all rights and interests in or on Category IA-N land subject to a cession and all rights and interests in buildings located thereon, other than rights and interests of Quebec, are extinguished as of the effective date of the cession. Compensation for extinguished registered rights or interests (3) Holders of registered rights or interests in or on Category IA-N land, or in buildings located thereon, whose rights or interests have been extinguished by virtue of subsection (2) are entitled to fair compensation by the band for the value (as of the time of the delivery of the notice pursuant to paragraph 144(2)(a)) of the extinguished right or interest, and the amount of compensation, if not agreed on by the band and the holder of the right or interest, shall be determined in accordance with regulations made under Part XI as if that right or interest had been expropriated by the band. 1984, c. 18, s. 145; 2018, c. 4, s. 123. Documents that the band must submit to Minister 146 Where the band has approved a cession pursuant to section 144, it shall cause to be submitted to the Minister Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART IX Cessions by Band Sections 146-150 or to such person as is designated by the Minister, within twenty days after the date of the referendum in which the cession was approved or such longer period as may be authorized by the Minister, (a) a written statement of the officer responsible for the conduct of the referendum certifying the results of the vote taken therein; and (b) a document specifically designated as an Instrument of Cession, in prescribed form, executed by at least two council members of the band, describing the cession that was approved in the referendum. 1984, c. 18, s. 146; 2018, c. 4, s. 122(E). Transfer to Quebec of administration, management and control 147 Where section 146 has been complied with, the Governor in Council shall, by order, transfer to Quebec the administration, management and control of the land described in the Instrument of Cession subject to any terms or conditions set out in the Instrument of Cession. Effect of cession 148 As of the effective date of a cession, the land ceded ceases to be Category IA-N land. 1984, c. 18, s. 148; 2018, c. 4, s. 123. Land registry system 149 The band shall, within sixty days of the effective date of a cession, deposit the Instrument of Cession in the land registry office referred to in Part X, but noncompliance with this section does not affect the validity or effective date of the cession. 1984, c. 18, s. 149; 2018, c. 4, s. 122(E). PART X Land Registry System Enforceability of rights and interests 150 (1) A right or an interest in Category IA-N land or in a building situated thereon granted after the coming into force of this Part, other than (a) an authorization from the band referred to in subsection 111(2), (b) a right or interest granted by the band referred to in paragraph 113(4)(b), (c) a right conferred by section 115, and Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART X Land Registry System Sections 150-152 (d) a servitude expropriated by an expropriating authority under Part VII, is not enforceable against a third party unless it is registered in accordance with the regulations made under section 151, Enforceability of hypothecs (2) A hypothec granted after the coming into force of this Part on an interest in Category IA-N land or in a building situated thereon is not enforceable against that interest unless it is registered in accordance with the regulations made under section 151. 1984, c. 18, s. 150; 2018, c. 4, ss. 85, 122(E), 123. Regulations for establishment and maintenance of land registry system 151 The Governor in Council may make regulations for establishing and maintaining a land registry system, under the control and supervision of the Minister, for the registration of rights and interests in Category IA-N land and in buildings situated thereon, and, without restricting the generality of the foregoing, may make regulations respecting (a) the establishment and maintenance of land registry offices and their hours of operation; (b) the administration of the land registry system, including officers and employees and their powers and duties; (c) the procedure for registering rights and interests, including forms and fees; (d) the manner and form in which books and records are to be maintained by the land registry offices; (e) the effects of registering a right or interest, including priorities; (f) the registering of surveys of Category IA-N land; (g) the cancellation of instruments registered in the land registry system; and (h) the keeping by the land registry offices of non-registrable documents for the purpose of facilitating the management or administration of Category IA-N land or of buildings situated thereon. 1984, c. 18, s. 151; 2018, c. 4, ss. 86, 123. Duties of band 152 (1) The band shall deposit in the land registry office a copy of Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART X Land Registry System Sections 152-153 (a) every grant by the band made pursuant to section 132, (b) every authorization from the band referred to in subsection 111(2), (c) every grant by the band referred to in paragraph 113(4)(b), (d) every authorization by the band referred to in section 137, (e) every land use plan or resource use plan adopted pursuant to subsection 46(1), and (f) every zoning by-law made under section 47, together with evidence of the approval of the electors of the band where such is required by this Act. Validity not affected by non-compliance (2) Failure of the band to comply with subsection (1) does not affect the validity of the grant, authorization, plan or by-law in question. Deposit does not constitute registration (3) For greater certainty, the deposit of a document under subsection (1) does not constitute registration of that document. 1984, c. 18, s. 152; 2018, c. 4, s. 122(E). PART XI Expropriation by Band Rights and interests that the band may expropriate 153 Where regulations made under section 156 are in force, the band may, subject to and in accordance with those regulations, for community purposes or community works, expropriate any right or interest in its Category IA-N land or in any building situated thereon, except for (a) a right or interest of Canada or Quebec; (b) a right conferred by section 115; and (c) a servitude expropriated by an expropriating authority under Part VII. 1984, c. 18, s. 153; 2018, c. 4, s. 88. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XI Expropriation by Band Sections 154-157 Acquisition by mutual agreement 154 The right of the band to expropriate pursuant to this Part does not restrict any right that the band has under this Act to acquire, by mutual agreement, rights or interests in land or buildings. 1984, c. 18, s. 154; 2018, c. 4, s. 122(E). Compensation 155 The band shall, subject to and in accordance with regulations made under section 156, pay compensation to holders of rights or interests expropriated pursuant to this Part. 1984, c. 18, s. 155; 2018, c. 4, s. 122(E). Regulations 156 The Governor in Council may make regulations respecting substantive or procedural aspects of expropriations permitted by this Part, including, without limiting the generality of the foregoing, regulations respecting (a) procedure governing expropriation, including the taking of possession, compulsory taking of possession and transfer of title; (b) entitlement to compensation, determination of the amount of compensation and the method for payment of compensation; and (c) contestation of (i) the right of the band to expropriate, (ii) the right of the expropriated party to compensation, and (iii) the amount of compensation. 1984, c. 18, s. 156; 2018, c. 4, s. 122(E). PART XII Cree-Naskapi Commission Interpretation 157 In this Part, Commission means the Cree-Naskapi Commission established by section 158; (Commission) Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act; (première nation crie) member means a member of the Commission; (commissaire) Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XII Cree-Naskapi Commission Sections 157-160 representation includes a complaint. (Version glaise seulement) an1984, c. 18, s. 157; 2018, c. 4, s. 90. Cree-Naskapi Commission established 158 (1) There shall be a commission, to be known as the Cree-Naskapi Commission, consisting of a maximum of three individuals appointed by the Governor in Council on the recommendation of the Cree Nation Government and the Naskapi band. Chairman (2) The Governor in Council shall designate one member of the Commission as Chairman. 1984, c. 18, s. 158; 2018, c. 4, s. 91. Eligibility 159 A council member, officer, employee or agent of a Cree First Nation or the Naskapi band is not eligible to be appointed or to continue to serve as a member of the Commission. 1984, c. 18, s. 159; 2018, c. 4, s. 92. Term of office 160 (1) Except as provided by subsection (3), a member shall be appointed for a term of two years. Tenure (2) A member may be removed for cause. Vacancy (3) Where a member dies or resigns or is removed for cause, a new member shall be appointed for the duration of the unexpired term of the former member. Eligibility for re-appointment (4) A member is eligible for re-appointment on the expiration of his term of office. Temporary substitute member (5) Where a member is absent or incapacitated, the Governor in Council may, on the recommendation of the Cree Nation Government and the Naskapi band, appoint a temporary substitute member on such terms as are fixed by the Governor in Council. Remuneration of members (6) Members of the Commission shall be paid such remuneration as is fixed by the Governor in Council. 1984, c. 18, s. 160; 2018, c. 4, s. 93. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XII Cree-Naskapi Commission Sections 161-164 Head office 161 The head office of the Commission shall be in the City of Val d’Or, Quebec or at such other place as the Governor in Council, on the recommendation of the Cree Nation Government and the Naskapi band, may designate. 1984, c. 18, s. 161; 2018, c. 4, s. 94. Staff 162 (1) The Commission may, with the approval of the Treasury Board, employ or engage such officers, employees and agents as are necessary for the proper conduct of the work of the Commission. Remuneration of staff (2) Persons employed or engaged under subsection (1) shall be paid such remuneration as is fixed by the Commission with the approval of the Treasury Board. Not part of federal public administration (3) The members of the Commission and persons employed or engaged under subsection (1) are not part of the federal public administration by reason only of such membership, employment or engagement. Financial (4) The remuneration of the members of the Commission and of persons employed or engaged under subsection (1) shall be paid out of money appropriated by Parliament for that purpose. 1984, c. 18, s. 162; 2003, c. 22, s. 224(E). Quorum 163 (1) A quorum of the Commission consists of all members. Majority (2) Decisions of the Commission shall be made by majority vote, except as provided in section 164. Rules (3) The Commission may make rules for the conduct of its business. Commission may delegate its powers 164 The Commission may, by unanimous decision of its members, delegate its powers or duties, except the power referred to in subsection 163(3), to one or more of its members. 1984, c. 18, s. 164; 2018, c. 4, s. 95. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XII Cree-Naskapi Commission Section 165 Duties of Commission 165 (1) Subject to subsections (2) and (3), the Commission shall (a) with respect to Naskapi beneficiaries, investigate any representation submitted to it relating to the implementation of this Act, including representations relating to the exercise or non-exercise of a power under this Act and the performance or non-performance of a duty under this Act; and (b) with respect to Cree beneficiaries, as defined in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act, investigate any representation submitted to it relating to the implementation of the Agreement, as defined in subsection 2(1) of that Act and the Cree Constitution, as defined in that subsection, including representations relating to the exercise or non-exercise of a power and the performance or non-performance of a duty under that Agreement or the Cree Constitution. Exception (2) The Commission shall not investigate or continue to investigate a representation in respect of whose subjectmatter judicial proceedings have been commenced. Commission’s discretion (3) The Commission may refuse to investigate a representation or may discontinue an investigation if it is satisfied (a) that the representation has not been made in good faith; (b) that the person making the representation does not have a sufficient personal interest in the subjectmatter of the representation; (c) that, having regard to all the circumstances of the case, an investigation, or the continuation of the investigation, as the case may be, would serve no useful purpose; or (d) that there exists a suitable alternative means by which the representation may be investigated or otherwise pursued. Commission to state grounds for refusal (4) Where the Commission refuses to investigate a representation or discontinues an investigation, it shall forthwith, in writing, so inform the person who made the representation, stating and explaining on which of the Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XII Cree-Naskapi Commission Sections 165-168 grounds set out in subsection (2) or (3) the Commission’s decision was based. 1984, c. 18, s. 165; 2018, c. 4, s. 96. Notice of investigation 166 (1) Where the Commission decides to investigate a representation, it shall forthwith give notice to (a) the person who made the representation; (b) the Naskapi band or each Cree First Nation referred to in the representation; (c) any person whose misconduct is alleged in the representation; (d) in the case of a representation referred to in paragraph 165(1)(a), the Minister; and (e) the Cree Nation Government, if it is referred to in the representation. Privacy of hearings (2) An investigation by the Commission under this Part shall be conducted in private unless the Commission is satisfied that the public conduct of the investigation would not be prejudicial to the interests of any person, in which case it may order the investigation to be conducted in whole or in part in public. Identity of person who made representation (3) Where a person making a representation to the Commission under this Part so requests, the Commission shall not identify that person in any proceeding under this Part or in any report under section 170. 1984, c. 18, s. 166; 2009, c. 12, s. 24; 2018, c. 4, s. 97. Commission may request evidence 167 The Commission, where it deems it necessary in the conduct of an investigation under this Part, may request any person to appear before it, give evidence and produce documents and things, but such a person is under no obligation to comply with the request, and the Commission has no power of subpoena. Protection against negative findings 168 The Commission shall not make any negative finding against a person unless it has given him reasonable notice of his alleged misconduct that might form the subject of such a finding and has allowed him an opportunity to be heard in person or by counsel. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XII Cree-Naskapi Commission Sections 169-173 Protection of members of Commission 169 (1) No action lies against the Commission, any member thereof, or any person holding an office or appointment under the Commission, for anything done or reported or said in the course of the exercise or intended exercise of his official functions, unless it is shown that he acted in bad faith. Protection of witnesses (2) In the absence of malice, no action for defamation lies against a person for testimony that he has given under oath before the Commission. Report of investigation 170 At the conclusion of an investigation under this Part, the Commission shall prepare a report stating its findings, conclusions and recommendations in respect of the matter investigated, and shall forthwith send copies of the report to the persons referred to in subsection 166(1) and to any person against whom the Commission has made a negative finding. 171 [Repealed, 2018, c. 4, s. 98] Inquiry into the functioning of the Commission 172 (1) Within six months after the fifth anniversary of the coming into force of this Part, the Governor in Council shall appoint a person or persons to inquire into the powers, duties and operation of the Commission. Report to be tabled in Parliament (2) The person or persons appointed under subsection (1) shall, within six months after being appointed, submit a report to the Minister, containing such recommendations as they consider appropriate, and the Minister shall cause the report to be laid before each House of Parliament on any of the first ten days on which that House is sitting after the day the Minister receives it. PART XIII Successions Application of Part 173 This Part applies only in respect of the succession of a Naskapi beneficiary who dies after the coming into force of this Part and who, at the time of his or her death, was domiciled on Category IA-N land. 1984, c. 18, s. 173; 2018, c. 4, s. 99. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIII Successions Sections 174-176 Definitions 174 In this Part, child includes an adopted child, where the adoption (a) was done in accordance with, or is recognized by, the laws of the Province, or (b) was done in accordance with Naskapi custom; (enfant) consort means one of two consorts; (Version anglaise seulement) consorts means two persons (a) who are married and whose marriage was solemnized in accordance with, or is recognized under, the laws of the Province, (b) who are cohabiting in a conjugal relationship, taking into account Naskapi custom, or (c) who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year; (conjoints) family council means the family council of a deceased Naskapi beneficiary, composed in accordance with section 182; (conseil de famille) traditional property means (a) all movable property, excluding money, normally used in the exercise of the right to harvest referred to in An Act respecting hunting and fishing rights in the James Bay and New Quebec territories (Quebec), other than movable property used in commercial fishing, and includes, without limiting the generality of the foregoing, vehicles, boats, motors, guns, traps and camping equipment, and (b) animal products or by-products that are the product of the exercise of the right to harvest described in paragraph (a). (biens traditionnels) 1984, c. 18, s. 174; 2018, c. 4, s. 100. Lawful heirs on intestate succession 175 For purposes of intestate succession, a surviving consort and a surviving child are included in the class of lawful heirs of a deceased Naskapi beneficiary. 1984, c. 18, s. 175; 2018, c. 4, s. 101. Valid forms of wills 176 (1) The following constitute valid wills: Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIII Successions Sections 176-179 (a) an instrument that is a valid will under the laws of the Province; and (b) an instrument accepted by the Minister as a will pursuant to subsection (2). Wills accepted by Minister (2) The Minister may accept as a will any written instrument signed by a Naskapi beneficiary, or bearing his or her mark, in which he or she indicates his or her wishes or intention with respect to the disposition of his or her property on his or her death. 1984, c. 18, s. 176; 2018, c. 4, s. 102. Article 599a of Civil Code not applicable 177 Deeds relating to the acceptance, renunciation or settlement of (a) a succession composed wholly or partly of movable, immovable or traditional property located on Category IA-N land, or (b) a succession in which persons suffering legal incapacity are interested are not required to be made in authentic form as required by Article 599a of the Civil Code of Lower Canada, but must be in the form prescribed under this Act. 1984, c. 18, s. 177; 2018, c. 4, s. 123. Representation of minor heirs 178 (1) Where a Naskapi beneficiary who is a minor under the laws of the Province and ordinarily resident on Category IA-N land, inherits movable or immovable property by virtue of a testamentary or an intestate succession, the parents of that beneficiary are the legal guardians of that property. Legal guardians (2) Legal guardians by virtue of subsection (1) shall act jointly, except where one of them is deceased or under a legal incapacity or fails for any reason to act within a reasonable time, in which case the other may act alone. 1984, c. 18, s. 178; 2018, c. 4, s. 103. Vacant succession 179 Where a Naskapi beneficiary dies leaving no lawful heirs or where all the heirs renounce the succession, the deceased’s movable and immovable property become the property of the band, unless the band renounces such succession, in which case it shall be dealt with as a vacant succession. 1984, c. 18, s. 179; 2018, c. 4, s. 104. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIII Successions Disposition of Traditional Property on an Intestacy Sections 180-182 Intestacy 180 On an intestacy of a Naskapi beneficiary, a majority of the lawful heirs may appoint the band to administer or provide for the administration of the succession (except as regards traditional property), in which case the band may charge a fee for its services. 1984, c. 18, s. 180; 2018, c. 4, s. 104. Disposition of Traditional Property on an Intestacy Disposition of traditional property on intestacy 181 (1) Where a Naskapi beneficiary dies intestate leaving traditional property, the family council of the deceased shall meet within one year of his or her death to decide on the disposition of his or her traditional property. Powers of family council (2) The family council referred to in subsection (1) may dispose of the deceased’s traditional property in accordance with its decision, and may appoint a willing individual to administer the deceased’s estate accordingly. 1984, c. 18, s. 181; 2018, c. 4, s. 105. Composition of family council 182 (1) The family council of a deceased Naskapi beneficiary shall consist of the following person or persons: (a) his surviving consort, if any; (b) any surviving children of the age of majority and the legal representatives of any surviving minor children; and (c) any surviving parent. Where no survivors in immediate family (2) Where a deceased Naskapi beneficiary leaves no survivors described in subsection (1), the family council of the deceased shall consist of the three closest surviving relatives of the age of majority, as determined in accordance with the law of the Province, who are ordinarily resident in the Territory as defined in section 2 of the James Bay and Northern Quebec Native Claims Settlement Act. 1984, c. 18, s. 182; 2018, c. 4, s. 106(E). Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIII Successions Disposition of Traditional Property on an Intestacy Sections 183-186 Where family council deadlocked 183 Where the family council is unable to reach a decision on the disposition of any part of the deceased’s traditional property, it may request the council of the band to appoint one or more willing persons to act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had been unable to reach a decision. 1984, c. 18, s. 183; 2018, c. 4, s. 107. Circumstances in which band council acts as the family council 184 (1) Where the family council has not reached a decision on the disposition of any part of the deceased’s traditional property within two years after the deceased’s death, the council of the band shall act as the deceased’s family council in respect of that part of the deceased’s traditional property on whose disposition the family council had not reached a decision. Idem (2) Where, on the death of a Naskapi beneficiary, (a) the deceased leaves no surviving relatives, (b) for any reason a family council cannot be formed, or (c) the family council has not met within one year after the deceased’s death, the council of the band shall act as the deceased’s family council. 1984, c. 18, s. 184; 2018, c. 4, s. 108. Effect of disposition 185 A disposition of any traditional property of a deceased Naskapi beneficiary by the deceased’s family council pursuant to this Part passes the property in question to the recipient as of the moment when the recipient takes possession of the property, and any debt in respect of that property thenceforth becomes the responsibility of the recipient. 1984, c. 18, s. 185; 2018, c. 4, s. 109(E). Where a recipient renounces traditional property 186 Where any person designated by the family council of a deceased Naskapi beneficiary to receive the deceased’s traditional property pursuant to this Part renounces the property in question before taking possession of it, and no other person is designated by the family council within six months of such renunciation, the disposition of that property shall thenceforth be governed Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIII Successions Disposition of Traditional Property on an Intestacy Sections 186-188 by the laws of the Province relating to intestate succession. 1984, c. 18, s. 186; 2018, c. 4, s. 109(E). PART XIV Tax Exemptions Interpretation 187 (1) In this Part, Indian means (a) in subsection (2), a Naskapi beneficiary who is an Indian as defined in the Indian Act; and (b) in section 188, an Indian as defined in the Indian Act. Idem (2) For the purposes of this Part, personal property (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased by Canada with money appropriated by Parliament, (b) that is purchased by Canada after the coming into force of this Part with money appropriated by Parliament for the use and benefit of Indians or the band, or (c) that is given, after the coming into force of this Part, to Indians or to the band under a treaty or agreement between the band and Canada shall be deemed always to be situated on Category IA-N land. 1984, c. 18, s. 187; 2009, c. 12, s. 25; 2018, c. 4, s. 110. Property exempt from taxation 188 (1) Notwithstanding any other Act of Parliament or of the legislature of any province, but subject to any bylaws of the band made pursuant to paragraph 45(1)(h), the following property is exempt from taxation: (a) the interest of an Indian or the band in Category IA-N land; and (b) the personal property of an Indian or the band situated on Category IA-N land. Ownership, occupation, etc., of exempt property (2) Notwithstanding any other Act of Parliament or of the legislature of any province, (a) neither an Indian nor the band is subject to taxation in respect of the ownership, occupation, Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIV Tax Exemptions Sections 188-190 possession or use of any property described in paragraph (1)(a) or (b) or is otherwise subject to taxation in respect of any such property; and (b) no succession duty, inheritance tax or estate duty is payable on the death of any Indian in respect of any such property or the succession thereto if the property passes to an Indian. 1984, c. 18, s. 188; 2018, c. 4, ss. 111, 122(E). PART XV Seizure Exemptions Interpretation 189 In this Part, “Indian” means an Indian as defined in the Indian Act. Property exempt from seizure, etc. 190 (1) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to a Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land, and any right or interest of such a person in Category IA-N land, is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land. Property exempt from seizure, etc. (2) Subject to this Part, movable and immovable property situated on Category IA-N land and belonging to the band is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person other than a Naskapi beneficiary, the band or an Indian ordinarily resident on Category IA-N land. Idem (3) The right or interest of the band in its Category IA-N land is not subject to privilege, hypothec or any other charge, or to attachment, levy, seizure or execution, in favour of or at the instance of any person. Idem (4) A right or interest in Category IA-N land of a person other than a Naskapi beneficiary or the band, or the immovable property of such person situated on Category IA-N land, is not subject to attachment, levy, seizure or Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XV Seizure Exemptions Sections 190-192 execution in favour of or at the instance of any person other than a Naskapi beneficiary or the band, except where the band has authorized that person to pledge, charge or hypothecate that right or interest or immovable property, in which case creditors may exercise their normal remedies in relation to that pledge, charge or hypothecation. Conditional sales (5) A person who sells movable property to (a) a Naskapi beneficiary, (b) an Indian ordinarily resident on Category IA-N land, or (c) the band under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his or her rights under that agreement notwithstanding that the movable property is situated on Category IA-N land. 1984, c. 18, s. 190; 2009, c. 12, s. 26; 2018, c. 4, s. 112. Property deemed situated on Category IA-N land 191 For the purposes of section 190, movable property (a) that became the property of the band by virtue of section 15, as it read on July 3, 1984, and had been purchased with money appropriated by Parliament, (b) that is purchased after the coming into force of this Part with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries, or the band, or (c) that is, after the coming into force of this Part, provided to Naskapi beneficiaries or the band under a treaty or agreement between the band and Canada shall be deemed always to be situated on Category IA-N land. 1984, c. 18, s. 191; 2009, c. 12, s. 27; 2018, c. 4, s. 113. 192 (1) [Repealed, 2018, c. 4, s. 114] Property deemed to be property of the Naskapi band (2) Where the band has the authority to delegate the power to coordinate and administer a program to the Naskapi Development Corporation and has so delegated, movable property that Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XV Seizure Exemptions Sections 192-194 (a) is necessary for the coordination or administration of that program, (b) is owned by the Naskapi Development Corporation, and (c) was purchased with money appropriated by Parliament or by the legislature of Quebec for the use and benefit of Indians, Naskapi beneficiaries or the band shall, for the purposes of section 190, be deemed always to be the property of the band. 1984, c. 18, s. 192; 2018, c. 4, s. 114. Waiver of exemption 193 (1) A Naskapi beneficiary or an Indian ordinarily resident on Category IA-N land may, in writing, waive the exemption conferred by subsection 190(1) in favour of any person, on such terms and conditions as are agreed to by the parties, but, in the case of a right or interest in Category IA-N land, the consent of the band must be obtained to the waiver and the terms and conditions thereof, and the band’s consent must be confirmed by the electors of the band at a special band meeting or referendum. Quorum requirements (2) For the purposes of determining the quorum requirement respecting the confirmation of the band’s consent referred to in subsection (1), the percentage requirement is the same as if the remaining term of the right or interest in question were being granted by the band under paragraph 132(1)(a). Waiver by band (3) The band may, in writing, waive the exemption conferred by subsection 190(2) in favour of any person, on such terms and conditions as are agreed to by the parties, subject to the approval of the waiver and the terms and conditions thereof by the electors of the band at a special band meeting or referendum at which at least twenty-five per cent of the electors voted on the matter. 1984, c. 18, s. 193; 2018, c. 4, ss. 115, 122(E). PART XVI Policing 194 [Repealed, 2018, c. 4, s. 116] Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XVI Policing Sections 195-197 Policing jurisdiction (Naskapis) 195 (1) For the purposes of the territorial jurisdiction of the Naskapi village municipality under the Police Act (Quebec), the territory of that municipality shall be deemed to include Category IA-N land. Jurisdiction of municipal police force (2) The police force of the Naskapi village municipality referred to in subsection (1) and the members of that force have jurisdiction over Category IA-N land for the purpose of enforcing the applicable laws of Canada and Quebec and the applicable by-laws of the band. Agreements for policing services 196 (1) The band may, with the approval of the Attorney General of Quebec and the provincial Minister responsible for municipal affairs, enter into an agreement with (a) Quebec, (b) the Cree Nation Government, (c) the Kativik Regional Government (within the meaning of An Act concerning Northern Villages and the Kativik Regional Government (Quebec)), or (d) [Repealed, 2018, c. 4, s. 117] (e) any other body empowered to provide policing services for the provision of policing services on its Category IA-N land. (1.1) [Repealed, 2018, c. 4, s. 117] Jurisdiction of police forces (2) A police force and the members thereof providing policing services pursuant to an agreement made under subsection (1) have jurisdiction over the Category IA-N land of the band for the purposes of enforcing the applicable laws of Canada and Quebec and the applicable bylaws of the band. 1984, c. 18, s. 196; 2009, c. 12, s. 29; 2018, c. 4, ss. 117, 123. PART XVII Offences Offences under Act 197 Every person who commits an offence under subsection 38(6), section 44, subsection 91(2), section 95, subsection 100(4) or section 108 is liable on summary Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XVII Offences Sections 197-199.1 conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding six months or to both. 1984, c. 18, s. 197; 2009, c. 12, s. 30; 2018, c. 4, s. 118. Contravention of regulations 198 (1) Every person who contravenes a regulation made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the regulations. Regulations may fix maximum punishment (2) The Governor in Council may make regulations stipulating a maximum fine or a maximum term of imprisonment, or both, for contravention of a regulation, but such maximum fine or maximum term of imprisonment may not exceed two thousand dollars or six months, respectively. Contravention of by-law 199 (1) Every person who contravenes a by-law made under this Act is guilty of an offence and is liable on summary conviction to the punishment set out in the by-law. By-law may fix maximum punishment (2) A by-law made under this Act may stipulate a maximum fine or a maximum term of imprisonment, or both, for contravention of the by-law, but the maximum fine or maximum term of imprisonment may not exceed $5,000 or six months, respectively. Idem (3) A by-law made under paragraph 45(1)(h) may not impose a term of imprisonment for non-payment of taxes. 1984, c. 18, s. 199; 2009, c. 12, s. 31; 2018, c. 4, s. 119. Alternative procedure — ticketing scheme 199.1 In addition to the summary conviction procedures of Part XXVII of the Criminal Code, a proceeding in respect of a contravention indicated in the by-laws made under section 48.1 of this Act may be commenced in accordance with the ticketing scheme established by those by-laws. 2018, c. 4, s. 120. Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XVIII Administration of Justice Sections 200-202 PART XVIII Administration of Justice Jurisdiction of justices of the peace 200 (1) In addition to the courts and persons having jurisdiction in respect of the offences listed in paragraphs (a) and (b), justices of the peace appointed pursuant to section 12.4.1 of the Northeastern Quebec Agreement have jurisdiction in respect of (a) offences under subsection 199(1); and (b) offences under the following provisions of the Criminal Code: section 266 (assault), section 445 (injuring or endangering animals) and section 445.1 (cruelty to animals). Summary conviction court (2) For the purpose of exercising their jurisdiction in respect of offences listed in paragraphs (1)(a) and (b), the justices of the peace referred to in subsection (1) are a summary conviction court within the meaning of Part XXVII of the Criminal Code. References to Criminal Code (3) The words in parenthesis in paragraph (1)(b) form no part of that paragraph but shall be deemed to have been inserted for convenience of reference only. 1984, c. 18, s. 200; 2018, c. 4, s. 121. PART XIX General Where signatory of document unable to write 201 Where, under this Act or any regulation or by-law made thereunder, a document is required to be signed by a person and that person is unable to write, that person’s mark shall constitute his signature if (a) the mark is affixed to the document in the presence of a witness who is able to write; and (b) the witness affixes his signature to the document beside the mark of the person for whom he is acting as witness. Commissioners of oaths 202 (1) In addition to any person authorized to act as a commissioner of oaths under the laws of Canada or of the Province, the chief of the band and the band secretary are Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission PART XIX General Sections 202-218 ex officio commissioners of oaths for the purposes of this Act and any regulation or by-law made thereunder. No fee permitted (2) The chief and band secretary shall not charge any fee or other compensation whatsoever for acting as a commissioner of oaths pursuant to subsection (1). 1984, c. 18, s. 202; 2018, c. 4, s. 122(E). Certified copies of documents 203 (1) The band secretary may issue certified copies of any by-law or resolution of the band or of any other document issued under the authority of the band. Idem (2) The band treasurer may issue certified copies of all or any part of the books of account and financial records of the band. Admissibility of certified copies (3) In every case in which an original document could be received in evidence, a certified copy of that document issued under subsection (1) is receivable in evidence without proof of the signature or the official character of the person or persons appearing to have signed the document. 1984, c. 18, s. 203; 2018, c. 4, s. 122(E). PART XX Consequential Amendments to Other Acts 204 to 217 [Amendments to other Acts] Coming into Force Coming into force 218 This Act, or any provision thereof, shall come into force on a day or days to be fixed by proclamation. * [Note: Act, except sections 36 and 157 to 172, in force July 3, 1984, sections 36 and 157 to 172 in force December 1, 1984, see SI/84-129.] * Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission RELATED PROVISIONS RELATED PROVISIONS — 2009, c. 12, s. 32 Publication 32 The Minister of Indian Affairs and Northern Development shall publish, in the Canada Gazette, a notice of the date that any land is set aside by the Governor in Council as Category IA land for the exclusive use and benefit of the collectivity known as the Crees of OujéBougoumou, as soon as feasible after that land is set aside. — 2018, c. 4, s. 124 Cree-Naskapi Commission’s report to Parliament 124 (1) The Cree-Naskapi Commission may prepare and submit to the Minister of Indian Affairs and Northern Development a last report in English, French, Cree and Naskapi, for the period beginning on the day that follows the end of the period for which the 2016 Report of the Cree-Naskapi Commission was completed and ending on the day on which section 98 comes into force, on the implementation of the Cree-Naskapi (of Quebec) Act, and the Minister shall cause the report to be laid before each House of Parliament on any of the first 10 days on which that House is sitting after the day on which the Minister receives it. Circulation of report (2) As soon as feasible after the report is laid before each House of Parliament, the Minister shall send a copy of the report to the Cree Nation Government, the Naskapi Development Corporation, the council of each Cree First Nation and the council of the Naskapi band. Definitions (3) The following definitions apply in this section. Cree First Nation has the same meaning as in subsection 2(2) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (première nation crie) Cree-Naskapi Commission means the Commission established by section 158 of the Naskapi and the CreeNaskapi Commission Act. (Commission crie-naskapie) Cree Nation Government has the same meaning as in subsection 2(1) of the Cree Nation of Eeyou Istchee Governance Agreement Act. (Gouvernement de la nation crie) Naskapi band has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (bande naskapie) Current to June 20, 2022 Last amended on July 15, 2019 Naskapi and the Cree-Naskapi Commission RELATED PROVISIONS Naskapi Development Corporation has the same meaning as in subsection 2(1) of the Naskapi and the Cree-Naskapi Commission Act. (Société de développement des Naskapis) — 2019, c. 29, par. 373 (2) (g) Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (g) section 32 of An Act to amend the Cree-Naskapi (of Quebec) Act, chapter 12 of the Statutes of Canada, 2009. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION National Wildlife Week Act R.S.C., 1985, c. W-10 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a National Wildlife Week 1 Short title National Wildlife Week Current to June 20, 2022 ii R.S.C., 1985, c. W-10 An Act respecting a National Wildlife Week Short title 1 This Act may be cited as the National Wildlife Week Act. R.S., c. N-18, s. 1. National Wildlife Week 2 Throughout Canada in each year, the week in which April 10 occurs, being the anniversary of the birthday of the late Jack Miner, shall be known and observed as National Wildlife Week, so that interested clubs, associations and organizations may, on the day of that week most suitable to them, disseminate information pertinent to wildlife conservation. R.S., c. N-18, s. 2. Current to June 20, 2022

CONSOLIDATION Northwest Territories Waters Act [Repealed, 2014, c. 2, s. 66] Current to June 20, 2022 Last amended on April 1, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting water resources in the Northwest Territories Current to June 20, 2022 Last amended on April 1, 2014 ii

CONSOLIDATION National Capital Act R.S.C., 1985, c. N-4 Current to June 20, 2022 Last amended on September 30, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 30, 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 September 30, 2013 TABLE OF PROVISIONS An Act respecting the development and improvement of the National Capital Region Short Title 1 Short title Interpretation 2 Definitions Commission Continued 3 Corporation continued Agent of Her Majesty Head office Absence or incapacity Salary of Chief Executive Officer Officers and Employees 8 General Manager Committees 9 Executive Committee Objects, Purposes and Powers 10 Objects and purposes of Commission Development 11 Coordination of development Development proposals 12.1 Proposals for sale of public lands 12.2 Governor in Council may approve Power to construct railway Expropriation 14 Expropriation Property 15 Restrictions on transactions Current to June 20, 2022 Last amended on September 30, 2013 ii National Capital TABLE OF PROVISIONS Payments in lieu of taxes Financial 17 Loans General fund By-laws and Regulations 19 By-laws Regulations Liability of owner Evidence General 23 Gifts Auditor Works for general advantage of Canada SCHEDULE Description of National Capital Region Current to June 20, 2022 Last amended on September 30, 2013 iv R.S.C., 1985, c. N-4 An Act respecting the development and improvement of the National Capital Region Short Title Short title 1 This Act may be cited as the National Capital Act. R.S., c. N-3, s. 1. Interpretation Definitions 2 In this Act, Chairperson means the Chairperson of the Commission; (président) Chief Executive Officer means the Chief Executive Officer of the Commission; (premier dirigeant) Commission means the National Capital Commission continued by section 3; (Commission) department means (a) any department named in Schedule I to the Financial Administration Act, (a.1) any division or branch of the federal public administration named in Schedule I.1 to that Act, (a.2) any commission under the Inquiries Act designated as a department for the purposes of the Financial Administration Act, (b) any corporation named in Schedule II or III to the Financial Administration Act, and (c) any board, commission, corporation or other body that is, for all its purposes or for all the purposes of the Act of Parliament under which it is established, an agent of Her Majesty; (ministère) Current to June 20, 2022 Last amended on September 30, 2013 National Capital Interpretation Sections 2-3 Her Majesty means Her Majesty in right of Canada; (Sa Majesté) highway includes any street, road, lane, thoroughfare or driveway; (voie publique) local municipality means a municipality wholly or partly within the National Capital Region; (municipalité locale) member means a member of the Commission; (Version anglaise seulement) Minister means the Prime Minister of Canada or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) National Capital Region means the seat of the Government of Canada and its surrounding area, more particularly described in the schedule; (région de la capitale nationale) property means real or personal property or any interest therein; (bien ou propriété) property of the Commission means property under the control and management of, or vested in the name of, the Commission; (bien de la Commission ou propriété de la Commission) public lands means real property or any interest therein, under the control and management of a department; (terrains publics) Vice-Chairperson [Repealed, 2006, c. 9, s. 283] work means any work, structure or undertaking. (Version anglaise seulement) R.S., 1985, c. N-4, s. 2; R.S., 1985, c. 45 (4th Supp.), s. 1; 1992, c. 1, s. 141; 1995, c. 29, s. 55(E); 2003, c. 22, s. 224(E); 2006, c. 9, s. 283. Commission Continued Corporation continued 3 (1) The corporation called the National Capital Commission is continued, consisting of fifteen members including a Chairperson and a Chief Executive Officer. Appointment of members (2) Each member, other than the Chairperson and the Chief Executive Officer, shall be appointed by the Minister, with the approval of the Governor in Council, to hold office during pleasure for a term not exceeding four years Current to June 20, 2022 Last amended on September 30, 2013 National Capital Commission Continued Section 3 that will ensure, as far as possible, the expiration in any one year of the terms of office of not more than one half of the members. Appointment of Chairperson and Chief Executive Officer (3) The Chairperson and the Chief Executive Officer shall each be appointed by the Governor in Council to hold office during pleasure for a term that the Governor in Council considers appropriate. Members (4) The members, other than the Chairperson and the Chief Executive Officer, shall be appointed as follows: (a) three, ordinarily resident in the National Capital Region, from local municipalities in Ontario, at least two of whom must be from the city of Ottawa; (b) two, ordinarily resident in the National Capital Region, from local municipalities in Quebec, at least one of whom shall be from the section of the city of Gatineau that is west of the Gatineau River; and (c) eight from Canada generally, other than from a city or municipality referred to in either of paragraphs (a) or (b). (d) and (e) [Repealed, 2002, c. 17, s. 19] Eligibility (5) A member is eligible to be appointed from a local municipality if, at the time of the appointment, the member normally resides in that municipality. Re-appointment (6) A person who has served two consecutive terms as a member, other than as Chief Executive Officer, is not eligible to be re-appointed to the Commission, during the twelve months following the completion of the person’s second term, in the same capacity in which the person served. Vacancy (7) A vacancy in the membership of the Commission does not impair the right of the remaining members to act. Current to June 20, 2022 Last amended on September 30, 2013 National Capital Commission Continued Sections 3-8 Members not contributors for superannuation (8) The Public Service Superannuation Act does not apply to a member unless the Governor in Council otherwise directs. R.S., 1985, c. N-4, s. 3; R.S., 1985, c. 1 (4th Supp.), s. 44(E); 1995, c. 29, ss. 54, 55(E); 2002, c. 17, s. 19; 2006, c. 9, s. 285. Agent of Her Majesty 4 The Commission is, for all purposes of this Act, an agent of Her Majesty. R.S., c. N-3, s. 4; 1984, c. 31, s. 14. Head office 5 (1) The head office of the Commission shall be in the National Capital Region. Meetings (2) The Commission shall meet at least three times a year in the National Capital Region. R.S., 1985, c. N-4, s. 5; R.S., 1985, c. 45 (4th Supp.), s. 2. Absence or incapacity 6 In the event of the absence or incapacity of the Chairperson or the Chief Executive Officer or of a vacancy in either office, the Commission shall authorize another member to act as such, but no person may act as such for a period exceeding sixty days without the approval of the Governor in Council. R.S., 1985, c. N-4, s. 6; 1995, c. 29, s. 55(E); 2006, c. 9, s. 286. Salary of Chief Executive Officer 7 (1) The Chief Executive Officer shall be paid a salary to be fixed by the Governor in Council. Remuneration of other members (2) The Governor in Council may authorize the payment of allowances or other remuneration to the Chairperson and to any other member having special duties. Expenses (3) Each member is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties. R.S., 1985, c. N-4, s. 7; 1995, c. 29, s. 55(E); 2006, c. 9, s. 287. Officers and Employees General Manager 8 (1) The Governor in Council may appoint a General Manager to hold office during pleasure who shall be paid a salary to be fixed by the Governor in Council. Current to June 20, 2022 Last amended on September 30, 2013 National Capital Officers and Employees Sections 8-9 Staff (2) Subject to the plan of organization and terms and conditions of employment approved under subsection (3), the Commission may employ such officers and employees and such consultants and advisers as it deems necessary for the purpose of this Act and may fix their remuneration and terms and conditions of employment. Plan of organization and terms and conditions of employment (3) The Governor in Council may approve (a) a plan of organization for the establishment and classification of the continuing positions necessary for the proper functioning of the Commission; and (b) the establishment of rates of compensation for each class of position, and such other terms and conditions of employment as are considered desirable. R.S., c. N-3, s. 8. Committees Executive Committee 9 (1) There shall be an Executive Committee of the Commission consisting of the Chairperson, the Chief Executive Officer and three other members to be appointed by the Commission, at least one of whom shall be from the Province of Quebec. Powers (2) The Executive Committee shall exercise such of the powers and perform such of the functions of the Commission as are delegated to it by the Commission and shall submit at each meeting of the Commission minutes of its proceedings since the last preceding meeting of the Commission. Other committees (3) The Commission may establish a National Capital Planning Committee and such other committees as it considers necessary or desirable for the administration of this Act. Expenses of committee members (4) Each member of the Executive Committee, National Capital Planning Committee or other committee established under this section is entitled to be paid reasonable travel and other expenses incurred by the member in the performance of his duties. R.S., 1985, c. N-4, s. 9; 1995, c. 29, s. 55(E); 2006, c. 9, s. 288. Current to June 20, 2022 Last amended on September 30, 2013 National Capital Objects, Purposes and Powers Section 10 Objects, Purposes and Powers Objects and purposes of Commission 10 (1) The objects and purposes of the Commission are to prepare plans for and assist in the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance. Powers (2) The Commission may, for the purposes of this Act, (a) acquire, hold, administer or develop property; (b) sell, grant, convey, lease or otherwise dispose of or make available to any person any property, subject to such conditions and limitations as it considers necessary or desirable; (c) construct, maintain and operate parks, squares, highways, parkways, bridges, buildings and any other works; (d) maintain and improve any property of the Commission, or any other property under the control and management of a department, at the request of the authority or Minister in charge thereof; (e) cooperate or engage in joint projects with, or make grants to, local municipalities or other authorities for the improvement, development or maintenance of property; (f) construct, maintain and operate, or grant concessions for the operation of, places of entertainment, amusement, recreation, refreshment, or other places of public interest or accommodation on any property of the Commission; (g) administer, preserve and maintain any historic place or historic museum; (h) conduct investigations and researches in connection with the planning of the National Capital Region; and (h.1) [Repealed, 2013, c. 33, s. 213] (i) generally, do and authorize such things as are incidental or conducive to the attainment of the objects and purposes of the Commission and the exercise of its powers. R.S., 1985, c. N-4, s. 10; R.S., 1985, c. 45 (4th Supp.), s. 3; 2013, c. 33, s. 213. Current to June 20, 2022 Last amended on September 30, 2013 National Capital Development Sections 11-12 Development Coordination of development 11 The Commission shall, in accordance with general plans prepared under this Act, coordinate the development of public lands in the National Capital Region. R.S., c. N-3, s. 11. Development proposals 12 (1) Where (a) any department proposes to erect, alter, extend or demolish a building or other work on any lands in the National Capital Region, (b) any person proposes to erect, alter, extend or demolish a building or other work on public lands in the National Capital Region, or (c) any department or person proposes to change the use of public lands in the National Capital Region, the department or person shall, prior to the commencement of the project, submit a proposal therefor to the Commission for approval. Approval of proposals (2) In determining whether to approve a proposal submitted under subsection (1), the Commission shall consider the following: (a) in the case of a proposal to erect, alter or extend a building or other work, the site, location, design and plans thereof and the use to be made of the building or other work as erected, altered or extended; (b) in the case of a proposal to demolish a building or other work, the site, location, design and use made of the building or other work and the plans for the demolition; and (c) in the case of a proposal to change the use of public lands, the site, location, existing use and proposed use of the lands. Prohibition (3) No department or person shall commence any project in relation to which a proposal is required to be submitted to the Commission under subsection (1) unless a proposal has been so submitted and has been approved by the Commission. Current to June 20, 2022 Last amended on September 30, 2013 National Capital Development Sections 12-13 Interior alterations (4) This section does not apply to any alteration of the interior of a building or other work unless the alteration is made to accommodate a change in the use of the building or work. R.S., 1985, c. N-4, s. 12; R.S., 1985, c. 45 (4th Supp.), s. 5. Proposals for sale of public lands 12.1 (1) Proposals by any department for the sale of public lands in the National Capital Region shall be submitted to the Commission for approval prior to the sale. Prohibition (2) No public lands in the National Capital Region shall be sold without the approval of the Commission. R.S., 1985, c. 45 (4th Supp.), s. 5. Governor in Council may approve 12.2 (1) Where the Commission does not give its approval to a proposal made under section 12 or 12.1, the Governor in Council may give such approval and any such approval given by the Governor in Council shall, for the purposes of that section, be deemed to have been given by the Commission. Terms and conditions of approval (2) Any approval given under section 12, 12.1 or this section may be subject to such terms and conditions as are considered desirable by the Commission or the Governor in Council, as the case may be. R.S., 1985, c. 45 (4th Supp.), s. 5. Power to construct railway 13 (1) The Commission may construct in the National Capital Region, in accordance with plans prepared under this Act, a railway and related facilities. Sale, lease, etc. (2) The Commission may (a) sell, convey or lease any railway and related facilities, or any portion thereof, constructed pursuant to subsection (1) to any railway company; or (b) enter into agreements with any railway company for (i) the sole, joint or several use of the railway or facilities, or any portion thereof, Current to June 20, 2022 Last amended on September 30, 2013 National Capital Development Sections 13-15 (ii) the maintenance by the company of the railway or facilities, or any portion thereof, and (iii) the operation of the railway or facilities, or any portion thereof. Application of Part III of the Canada Transportation Act (3) Part III of the Canada Transportation Act, with such modifications as the circumstances require, is applicable to the exercise of the powers conferred by this section, but nothing in this section is deemed to constitute the Commission a railway company except for the purpose of subsection (2). R.S., 1985, c. N-4, s. 13; 1996, c. 10, s. 236. Expropriation Expropriation 14 (1) Where in the opinion of the Commission the acquisition of any land or interest therein by the Commission without the consent of the owner is required for the purposes of this Act, the Commission shall so advise the appropriate Minister in relation to Part I of the Expropriation Act. Idem (2) For the purposes of the Expropriation Act, any land or interest therein that, in the opinion of the Minister mentioned in subsection (1), is required for the purposes of this Act shall be deemed to be land or an interest therein that, in his opinion, is required for a public work or other public purpose, and, in relation thereto, a reference to the Crown in that Act shall be construed as a reference to the Commission. R.S., c. N-3, s. 13; R.S., c. 16(1st Supp.), s. 42. Property Restrictions on transactions 15 (1) Except with the approval of the Governor in Council, the Commission shall not (a) acquire any real property for a consideration in excess of a value of twenty-five thousand dollars; or (b) enter into a lease enduring for a period in excess of five years or grant an easement enduring for a period in excess of forty-nine years. Idem (2) The Commission shall not dispose of real property for a consideration in excess of ten thousand dollars, Current to June 20, 2022 Last amended on September 30, 2013 National Capital Property Sections 15-18 except in accordance with subsection 99(2) of the Financial Administration Act. Contract regulations (3) Notwithstanding subsection 41(2) of the Financial Administration Act, the Governor in Council may make regulations under subsection 41(1) of that Act that apply in respect of the Commission. R.S., 1985, c. N-4, s. 15; R.S., 1985, c. 45 (4th Supp.), s. 6. Payments in lieu of taxes 16 (1) The Commission may pay grants to a local municipality not exceeding the taxes that might be levied by the municipality in respect of any real property of the Commission if the Commission were not an agent of Her Majesty. Exception (2) Subsection (1) does not apply to parks or squares, to highways or parkways, or to bridges or similar structures. Gatineau Park (3) The Commission may pay grants to the appropriate authorities in respect of real property of the Commission situated in Gatineau Park not exceeding in any tax year the amounts estimated by the Commission to be sufficient to compensate such authorities for the loss of tax revenue during that tax year in respect of municipal and school taxes by reason of the acquisition of the property by the Commission. R.S., c. N-3, s. 15. Financial Loans 17 The Minister of Finance may out of the Consolidated Revenue Fund advance to the Commission such amounts by way of loan as are authorized by Parliament, subject to such terms and conditions respecting interest, terms of repayment and otherwise as are approved by the Governor in Council. R.S., c. N-3, s. 16; 1980-81-82-83, c. 17, s. 15. General fund 18 Subject to section 17, the Commission may expend for any of the purposes of this Act any money appropriated by Parliament for the use of the Commission, received by it through the conduct of its operations or received by it by bequest, donation or otherwise. R.S., c. N-3, s. 17. Current to June 20, 2022 Last amended on September 30, 2013 National Capital By-laws and Regulations Sections 19-21 By-laws and Regulations By-laws 19 The Commission may make by-laws for the conduct and management of its activities and for carrying out the purposes and provisions of this Act. R.S., c. N-3, s. 18. Regulations 20 (1) The Governor in Council may make regulations for the protection of any property of the Commission and for preserving order or preventing accidents on any property of the Commission. Punishment (2) The Governor in Council may by regulation prescribe the punishment that may be imposed on summary conviction for the contravention of any regulation made under subsection (1), but the punishment so prescribed shall not exceed that set out in subsection 787(1) of the Criminal Code. R.S., 1985, c. N-4, s. 20; 2002, c. 13, s. 87. Liability of owner 21 (1) Where a vehicle is operated or parked in contravention of any regulation made under subsection 20(1), the owner of the vehicle is liable to the punishment prescribed by the Governor in Council for such contravention, unless at the time of such contravention the vehicle was not operated or parked, as the case may be, by the owner or by any other person with the express or implied consent of the owner. Damage to property (2) Where a person is convicted for the contravention of any regulation made under subsection 20(1), the convicting court may, at the time sentence is imposed, order that person to pay to the Commission an amount by way of satisfaction or compensation for loss of or damage to property suffered by the Commission as a result of the contravention for which that person was convicted. Order enforced as a judgment (3) An order made under subsection (2) in respect of a person convicted for the contravention of any regulation made under subsection 20(1) may, on the filing of the order in the superior court of the province in which the trial of the contravention was held, be enforced as a judgment of that court. R.S., c. N-3, s. 19. Current to June 20, 2022 Last amended on September 30, 2013 National Capital By-laws and Regulations Sections 22-25 Evidence 22 In a prosecution for the contravention of any regulation made under subsection 20(1), a certificate stating that any property described in it is under the control of the Commission and purporting to be certified by the Commission or the Chief Executive Officer, General Manager, Chief Engineer, or Secretary of the Commission shall be admitted in evidence without proof of the signature or official character of the person appearing to have signed the certificate and without further proof and, in the absence of evidence to the contrary, is proof that the property is under the control of the Commission. R.S., 1985, c. N-4, s. 22; 1995, c. 29, s. 55(E); 2006, c. 9, s. 289. General Gifts 23 The Commission may, if it sees fit, accept any property by way of gift, bequest or devise and may, subject to paragraph 10(2)(b) and subsection 15(1) but notwithstanding any other provision of this Act, expend, administer or dispose of any such property for the purposes of this Act, subject to the terms, if any, on which such property was given, bequeathed or devised to the Commission. R.S., c. N-3, s. 20; 1984, c. 31, s. 14. Auditor 24 The Auditor General of Canada is the auditor of the Commission. R.S., c. N-3, s. 22; 1976-77, c. 34, s. 30(F); 1984, c. 31, s. 14. Works for general advantage of Canada 25 All works of the Commission, whether constructed or executed before or after February 6, 1959, are hereby declared to be for the general advantage of Canada. R.S., c. N-3, s. 23. Current to June 20, 2022 Last amended on September 30, 2013 National Capital SCHEDULE Description of National Capital Region SCHEDULE (Section 2) Description of National Capital Region A territory composed of part of the provinces of Ontario and Quebec, and comprising part of the Township of Beckwith and part of the Town of Mississippi Mills in the County of Lanark, part of the Township of Russell in the United Counties of Prescott and Russell, and part of the City of Ottawa, all in the Province of Ontario; the whole of the Municipalities of Cantley, Chelsea and Pontiac and part of the Municipalities of l’Ange-Gardien, La Pêche, Notre-Dame-de-la-Salette and Valdes-Monts in the Municipalité régionale de comté des Collines-de-l’Outaouais, and part of the City of Gatineau, all in the Province of Quebec, and including with reference to the cadastres of the Province of Quebec, the lots or part of lots, blocks or part of blocks, their present or future subdivisions, as well as highways, railway right-of-ways, islands, watercourses or parts thereof; the whole confined within the boundaries described as follows: Commencing at a point on the south shore of the Ottawa River where it is intersected by the boundary between the geographic Township of McNab and the geographic Township of Fitzroy; thence southwesterly along the said boundary to the line between the northeast and southwest halves of the Lots in Concession II, geographic Township of Fitzroy; thence southeasterly along the last-mentioned line to the line between Lots 21 and 22, Concession II, geographic Township of Fitzroy; thence southwesterly along the last-mentioned line and along the line between Lots 21 and 22, Concession I, geographic Township of Fitzroy, to the boundary between the said geographic Township of Fitzroy and the geographic Township of Pakenham; thence southeasterly along the last-mentioned boundary to the line between Lots 21 and 22, Concession XII, geographic Township of Pakenham; thence southwesterly along the last-mentioned line to the line between the northeast and southwest halves of the Lots in Concession XII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 16 and 17, Concession XII, geographic Township of Pakenham; thence southwesterly along the lastmentioned line and along the line between Lots 16 and 17, Concession XI, to the line between the northeast and southwest halves of the Lots in Concession XI, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 13 and 14, Concession XI, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the lines between Lots 13 and 14, Concessions X and IX, to the line between the northeast and southwest halves of the Lots in Concession IX, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the line between Lots 7 and 8, Concession IX, geographic Township of Pakenham; thence southwesterly along the last-mentioned line and along the line between Lots 7 and 8, Concession VIII, to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Pakenham; thence southeasterly along the last-mentioned line to the boundary between the geographic Townships of Pakenham and Ramsay; thence southwesterly along the last-mentioned boundary to the road between Concessions VII and VIII, geographic Current to June 20, 2022 Last amended on September 30, 2013 National Capital SCHEDULE Description of National Capital Region Township of Ramsay; thence southeasterly along the said road to the side road between Lots 20 and 21, Concession VIII, geographic Township of Ramsay; thence northeasterly along the said side road to the line between the northeast and southwest halves of the Lots in Concession VIII, geographic Township of Ramsay; thence southeasterly along the lastmentioned line to the boundary between the geographic Townships of Ramsay and Beckwith; thence southwesterly along the last-mentioned boundary to the line between Lots 16 and 17, Concession XII, geographic Township of Beckwith; thence southeasterly along the last-mentioned line and along the line between Lots 16 and 17, Concession XI, geographic Township of Beckwith, to the northwesterly limit of the rightof-way of Canadian Pacific Limited; thence northeasterly along the last-mentioned limit to the boundary between the geographic Township of Beckwith and the geographic Township of Goulbourn; thence southeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Goulbourn and Marlborough; thence northeasterly along the last-mentioned boundary to the boundary between the geographic Townships of Marlborough and North Gower; thence southeasterly along the last-mentioned boundary to the road between Lots 35 and 36, Concession IV, geographic Township of North Gower; thence easterly along the road between Lots 35 and 36 in Concessions IV, III and II and continuing easterly along the production of the said road to the easterly boundary of the geographic Township of North Gower, being the centre line of the Rideau River; thence northerly following the centre line of the Rideau River to the west boundary of the geographic Township of Osgoode; thence southerly along the last-mentioned boundary to the road between Lots 35 and 36 in the Broken Front Concession, geographic Township of Osgoode; thence easterly along the road between Lots 35 and 36 in the Broken Front and First Concessions and between Lots 34 and 35 in the Second Concession, and between Lots 35 and 36 in Concessions III, IV, V, VI, VII, VIII, IX, X and XI, geographic Township of Osgoode, and continuing along the road between Lots 5 and 6 in Concessions I, II, III, IV, V, VI, VII and VIII in the geographic Township of Russell to the road between Concessions VIII and IX of the said geographic Township of Russell; thence northerly along the last-mentioned road to the boundary between the geographic Townships of Russell and Cumberland; thence easterly along the last-mentioned boundary to the projected road between Concessions III and IV, geographic Township of Cumberland; thence northerly along the lastmentioned road to the line between Lots 1 and 2, Concession III, geographic Township of Cumberland; thence easterly along the last-mentioned line to the west boundary of Lot 10 in the Second Concession from the Ottawa River, sometimes called “The Old Survey”, in the geographic Township of Cumberland; thence northerly along the said west boundary of Lot 10 in the Second Concession from the Ottawa River and along the west boundary of Lot 10 in the First Concession from the Ottawa River to the southerly shore of the Ottawa River; thence northerly across the said Ottawa River to the point on the northerly shore where it is intersected by the line between Lots 7 and 8, Range I, Township of Buckingham, in the Province of Quebec; thence northerly along the lines between Lots 7 and 8, Ranges I, II, III, IV, V, VI, VII, VIII, IX, X, XI and XII, Township of Buckingham, to the boundary between the Township of Buckingham and the Township of Derry; thence westerly along the last-mentioned boundary to the boundary between the Townships of Derry and Portland East; Current to June 20, 2022 Last amended on September 30, 2013 National Capital SCHEDULE Description of National Capital Region thence northerly along the last-mentioned boundary to the range line between Ranges III and IV of the said Township of Portland East; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland East and Portland West; thence northerly along the lastmentioned boundary to the range line between Ranges IV and V of the said Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range V, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges V and VI, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VI, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VI and VII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VII, Township of Portland West; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, Township of Portland West; thence westerly along the last-mentioned range line to the easterly boundary of Lot 7, Range VIII, Township of Portland West; thence northerly along the lastmentioned boundary to the range line between Ranges VIII and IX, Township of Portland West; thence westerly along the last-mentioned range line to the boundary between the Townships of Portland West and Denholm; thence southerly along the last-mentioned boundary to the boundary between the Townships of Denholm and Wakefield; thence westerly along the last-mentioned boundary to the line between Lots 25 and 26, Range XI, of the said Township of Wakefield; thence southerly along the lines between Lots 25 and 26, Ranges XI, X, IX, VIII, VII, VI and V, Township of Wakefield, to the range line between Ranges IV and V, Township of Wakefield; thence westerly along the last-mentioned range line to the line between Lots 4 and 5, Range V, Township of Wakefield; thence northerly along the lines between Lots 4 and 5, Ranges V, VI and VII, Township of Wakefield, to the range line between Ranges VII and VIII, Township of Wakefield; thence westerly along the last-mentioned range line to the boundary between the Townships of Wakefield and Masham; thence northerly along the last-mentioned boundary to the range line between Ranges VII and VIII, of the said Township of Masham; thence westerly along the last-mentioned range line to the boundary between the Townships of Masham and Aldfield; thence northerly along the last-mentioned boundary to the range line between Ranges II and III, of the said Township of Aldfield; thence westerly along the last-mentioned range line to the easterly boundary of the east range of the said Township of Aldfield; thence along the said easterly boundary of the east range of the Township of Aldfield to the line between Lots 14 and 15 of the said east range of the Township of Aldfield; thence westerly along the lines between Lots 14 and 15, east range and west range, Township of Aldfield to the westerly boundary of the west range of the said Township of Aldfield; thence southerly along the said westerly boundary to the range line between Ranges I and II of the said Township of Aldfield; thence westerly along the lastmentioned range line to the boundary between the Township of Aldfield and the Township of Thorne; thence southerly along the last-mentioned boundary and continuing along the boundary between the Township of Onslow and the Township of Bristol and its projection onto the Ottawa River to the boundary line between the Province of Quebec and the Province of Ontario; thence southwesterly across the Ottawa Current to June 20, 2022 Last amended on September 30, 2013 National Capital SCHEDULE Description of National Capital Region River to the point of commencement; containing an area of four thousand seven hundred and fifteen square kilometres, more or less (± 4715 km2). R.S., 1985, c. N-4, Sch.; 2002, c. 17, s. 20. Current to June 20, 2022 Last amended on September 30, 2013 National Capital RELATED PROVISIONS RELATED PROVISIONS — 1995, c. 29, s. 56 Directors cease to hold office 56 Notwithstanding subsection 105(4) of the Financial Administration Act, every person who was a director of the National Capital Commission immediately before the coming into force of section 54 of this Act by reason of that subsection shall cease to hold office on the coming into force of section 54 of this Act. — 2013, c. 33, s. 216 Definitions 216 The following definitions apply in sections 217 to 220. activity and event mandate means the organization, sponsoring or promotion of any public activities and events, in the National Capital Region as defined in section 2 of the National Capital Act, that will enrich the cultural and social fabric of Canada. (mandat en matière d’activités et de manifestations) Commission means the National Capital Commission continued by section 3 of the National Capital Act. (Commission) — 2013, c. 33, s. 217 Appointment of employees 217 Every employee of the Commission whose functions relate to the activity and event mandate is deemed, on the day on which this section comes into force, to be a person appointed to a position in the Department of Canadian Heritage under the Public Service Employment Act and to be an employee as defined in subsection 2(1) of that Act. — 2013, c. 33, s. 218 Credits transferred 218 Any money that is appropriated by an Act of Parliament for the fiscal year in which this section comes into force to defray any expenditures of the Commission related to the activity and event mandate and that is unexpended is deemed to have been appropriated to defray any operating expenditures of the Department of Canadian Heritage. Current to June 20, 2022 Last amended on September 30, 2013 National Capital RELATED PROVISIONS — 2013, c. 33, s. 219 Assets, obligations and authorizations 219 On the day on which this section comes into force, and to the extent that they relate to the activity and event mandate, (a) the Commission’s assets are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; (b) the Commission’s obligations are assumed by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; (c) permits, licences and other authorizations issued to the Commission are transferred to Her Majesty in right of Canada as represented by the Minister of Canadian Heritage; and (d) permits, licences and other authorizations issued by the Commission are deemed to have been issued by Her Majesty in right of Canada as represented by the Minister of Canadian Heritage. — 2013, c. 33, s. 220 Continuation of legal proceedings 220 Any action, suit or other legal proceeding to which the Commission is party that is pending in any court on the day on which this section comes into force and that relates to the activity and event mandate may be continued by or against Her Majesty in right of Canada in the same manner and to the same extent as it could have been continued by or against the Commission. Current to June 20, 2022 Last amended on September 30, 2013

CONSOLIDATION Nordion and Theratronics Divestiture Authorization Act S.C. 1990, c. 4 Current to June 20, 2022 Last amended on June 19, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 19, 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 June 19, 2014 TABLE OF PROVISIONS An Act to authorize the divestiture of Nordion International Inc. and Theratronics International Limited Short Title 1 Short title Interpretation and Application 2 Definitions Binding on the Crown Authorization of Divestiture 4 Disposal of shares Nordion 5 Articles of amendment Mandatory provisions in articles of amendment Restriction on amendment Theratronics 8 Provisions applicable to Theratronics Transitional and Consequential 9 Pension rights Application of Public Service Superannuation Act Shares qualified Coming into Force *12 Coming into force Current to June 20, 2022 Last amended on June 19, 2014 ii S.C. 1990, c. 4 An Act to authorize the divestiture of Nordion International Inc. and Theratronics International Limited [Assented to 30th January 1990] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Nordion and Theratronics Divestiture Authorization Act. Interpretation and Application Definitions 2 (1) In this Act, Minister means such member of the Queen’s Privy Council for Canada as may be designated by the Governor in Council for the purposes of this Act; (ministre) Nordion means Nordion International Inc., a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation; (Nordion) Theratronics means Theratronics International Limited, a corporation incorporated under the Canada Business Corporations Act or any successor to that corporation. (Theratronics) Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Interpretation and Application Sections 2-5 Same meaning (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act. Operation of Canada Business Corporations Act (3) In the event of any inconsistency between this Act and the Canada Business Corporations Act, or anything issued, made or established under that Act, this Act prevails to the extent of the inconsistency. 1990, c. 4, s. 2; 1994, c. 24, s. 34(F); 2014, c. 20, s. 206. Binding on the Crown 3 This Act is binding on Her Majesty in right of Canada or a province. Authorization of Divestiture Disposal of shares 4 (1) The Canada Development Investment Corporation is hereby authorized to sell or otherwise dispose of, on such terms and conditions as are approved by the Governor in Council, any or all shares of Nordion and Theratronics held by the Canada Development Investment Corporation, and may enter into any agreement or arrangement necessary or incidental thereto. Provision not applicable (2) Subsections 189(3) to (9) of the Canada Business Corporations Act and subsections 99(2) to (5) of the Financial Administration Act do not apply in respect of any sale or other disposal of shares authorized by subsection (1). 1990, c. 4, s. 4; 1994, c. 24, s. 34(F). Nordion Articles of amendment 5 (1) Nordion shall prepare articles of amendment in accordance with section 6 and submit them to the Minister for approval within four months after this section comes into force. Submission to Director (2) Forthwith after the Minister approves articles of amendment submitted pursuant to subsection (1), Nordion shall send the approved articles to the Director. Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Nordion Sections 5-6 Presumption (3) Articles of amendment sent to the Director pursuant to this section are, subject to this Act, deemed for all purposes to have been sent under section 177 of the Canada Business Corporations Act. 1990, c. 4, s. 5; 1994, c. 24, s. 34(F). Mandatory provisions in articles of amendment 6 (1) The articles of amendment of Nordion shall contain provisions imposing constraints on the issue, transfer and ownership, including joint ownership, of voting shares of Nordion to prevent non-residents, together with the associates thereof, from holding, beneficially owning or controlling, directly or indirectly, otherwise than by way of security only, in the aggregate voting shares to which are attached more than twenty-five per cent of the votes that may ordinarily be cast to elect directors of Nordion. Enforcement of constraint provisions (2) The regulations made pursuant to subsection 174(6) of the Canada Business Corporations Act apply, with such modifications as the circumstances require, in respect of Nordion as if the constraints imposed pursuant to subsection (1) were a constraint referred to in paragraph 174(1)(a) of that Act. Exceptions (3) No provision imposing constraints pursuant to subsection (1) and no regulation referred to in subsection (2) apply in respect of voting shares of Nordion that are held (a) by one or more underwriters solely for the purpose of distributing the shares to the public; (b) by any person providing centralized facilities for the clearing of trades in securities and acting in relation to trading in the shares solely as an intermediary in the payment of funds or the delivery of the shares, or both; or (c) by any person if the acquisition of those shares by that person (i) is an investment that, under sections 21 to 23 of the Investment Canada Act, is, or is deemed, likely to be of net benefit to Canada, and (ii) is not prohibited under Part IV.1 of that Act. Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Nordion Section 6 Exception — subsequent holders (3.1) No provision imposing constraints under subsection (1) and no regulation referred to in subsection (2) apply in respect of any voting shares of Nordion referred to in paragraph (3)(c) that are subsequently held by any other person. Associates (4) For the purposes of this section, a person is an associate of a non-resident if (a) one is a corporation of which the other is an officer or director; (b) one is a corporation that is controlled by the other or by a group of persons of which the other is a member; (c) one is a partnership of which the other is a partner; (d) one is a trust of which the other is a trustee; (e) both are corporations controlled by the same person; (f) both are members of a voting trust that relates to voting shares of Nordion; (g) both are parties to an agreement or arrangement, a purpose of which is to require them to act in concert with respect to their interests, direct or indirect, in Nordion; or (h) both are at the same time associates, within the meaning of any of paragraphs (a) to (g), of the same non-resident. Exceptions (5) Notwithstanding subsection (4), for the purposes of this section, (a) where a resident who, but for this paragraph, would be an associate of a non-resident submits to Nordion a statutory declaration stating that no voting shares of Nordion held or to be held by the resident are or will be, to the resident’s knowledge, held in the right of, for the use or benefit of or under the control of any non-resident of which, but for this paragraph, the resident would be an associate, that resident and that non-resident are not associates so long as the voting shares held by the resident are not held contrary to the statements made in the declaration; (b) two corporations are not associates pursuant to paragraph (4)(h) by reason only that pursuant to Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Nordion Section 6 paragraph (4)(a) each is an associate of the same individual; and (c) where it appears from the central securities register of Nordion that any person holds, beneficially owns or controls voting shares to which are attached not more than the lesser of two one-hundredths of one per cent of the votes that may ordinarily be cast to elect directors of Nordion and two thousand such votes, that person is not an associate of anyone else and no one else is an associate of that person. Control (6) For the purposes of this section, (a) a body corporate is controlled by a person if (i) securities of the body corporate to which are attached more than fifty per cent of the votes that may be cast to elect directors of the body corporate are held, otherwise than by way of security only, by or for the benefit of that person, and (ii) the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate; and (b) a partnership or unincorporated organization is controlled by a person if an ownership interest therein representing more than fifty per cent of the assets of the partnership or organization is held, otherwise than by way of security only, by or for the benefit of that person. Definitions (7) In this section, corporation includes a body corporate, partnership and unincorporated organization; (société) non-resident means (a) an individual, other than a Canadian citizen, who is not ordinarily resident in Canada, (b) a corporation incorporated, formed or otherwise organized outside Canada, (c) a foreign government or an agency thereof, (d) a corporation controlled by non-residents as defined in any of paragraphs (a) to (c), (e) a trust Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Nordion Sections 6-7 (i) established by a non-resident as defined in any of paragraphs (b) to (d), other than a trust for the administration of a pension fund for the benefit of individuals a majority of whom are residents, or (ii) in which non-residents as defined in any of paragraphs (a) to (d) have more than fifty per cent of the beneficial interest, or (f) a corporation that is controlled by a trust described in paragraph (e); (non-résident) person includes an individual, corporation, government or agency thereof, trustee, executor, administrator and other legal representative; (personne) resident means an individual, corporation, government or agency thereof or trust that is not a non-resident; (résident) voting share means a share carrying voting rights under all circumstances or under some circumstances that have occurred and are continuing, and includes a security currently convertible into such a share and currently exercisable options and rights to acquire such a share or such a convertible security. (action avec droit de vote) 1990, c. 4, s. 6; 1994, c. 24, s. 34(F); 2014, c. 20, s. 207. Restriction on amendment 7 (1) Nordion and its shareholders and directors shall not (a) apply for continuance of Nordion in another jurisdiction; or (b) make any articles or by-laws that are inconsistent with the provisions included in its articles of amendment pursuant to subsection 6(1). Exception (2) Subsection (1) does not apply if a person holds voting shares referred to in paragraph 6(3)(c) or subsection 6(3.1). 1990, c. 4, s. 7; 2014, c. 20, s. 208. Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Theratronics Sections 8-9 Theratronics Provisions applicable to Theratronics 8 Sections 5 to 7, with the exception of paragraph 6(3)(c) and subsections 6(3.1) and 7(2), apply to Theratronics as if (a) the references therein to “Nordion” were references to “Theratronics”; and (b) the reference in subsection 6(1) to “twenty-five per cent” were a reference to “forty-nine per cent”. 1990, c. 4, s. 8; 2014, c. 20, s. 209. Transitional and Consequential Pension rights 9 (1) In the manner and to the extent provided by the regulations made under subsection (3), the Public Service Superannuation Act and the regulations made under that Act apply to a person who meets all of the following criteria: (a) the person was employed by Nordion or Theratronics and was a contributor under that Act immediately preceding the date on which shares of Nordion or Theratronics, as the case may be, are first sold or otherwise disposed of pursuant to subsection 4(1); (b) the President of the Treasury Board has not made a payment to Nordion or Theratronics pursuant to section 40 of that Act in respect of that person; (c) the person has not received or opted to receive any annuity or other benefit under section 12 or 13 of that Act in respect of the pensionable service to that person’s credit under that Act immediately preceding the date referred to in paragraph (a); and (d) the person elects, within the later of one year after the coming into force of this section and one year after the date on which shares of Nordion or Theratronics, as the case may be, are first sold or otherwise disposed of pursuant to subsection 4(1), and in such form and manner as the President of the Treasury Board directs, to have that Act and the regulations made under that Act apply to that person in the manner and to the extent provided by the regulations made under subsection (3). Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Transitional and Consequential Sections 9-11 Election irrevocable (2) An election referred to in paragraph (1)(d) is irrevocable. Regulations (3) The Governor in Council may, in relation to persons referred to in paragraph (1)(d), make regulations (a) respecting the manner in which and extent to which provisions of the Public Service Superannuation Act and the regulations made under that Act apply; (b) adapting provisions of that Act and those regulations for the purposes of this section; and (c) generally for carrying out the purposes and provisions of this section. Retroactive application of regulations (4) Regulations made under subsection (3) may, if they so provide, be retroactive and have effect with respect to any period before they are made. 1990, c. 4, s. 9; 1992, c. 46, s. 90. Application of Public Service Superannuation Act 10 Notwithstanding subsection 42(4) of the Public Service Superannuation Act, the Governor in Council may, by order, delete the name of Nordion or Theratronics from Part I of Schedule I to that Act. Shares qualified 11 For the purpose of qualifying the shares of Nordion (a) as an authorized investment under paragraph 86(n) of the Canadian and British Insurance Companies Act, paragraph 61(1)(j) of the Loan Companies Act or paragraph 78(1)(j) of the Trust Companies Act, (b) as a permitted investment under paragraph 1(s) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) as assets that may be vested in trust in Canada under paragraph 1(n) of Schedule II to the Canadian and British Insurance Companies Act or paragraph 1(n) of the schedule to the Foreign Insurance Companies Act, Nordion is deemed to have satisfied the requirements of those paragraphs with respect to each of the five years immediately preceding the date on which shares of Nordion are first sold or otherwise disposed of pursuant to subsection 4(1). Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization Coming into Force Section 12 Coming into Force Coming into force 12 Section 9 shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Section 9 is deemed to have come into force on April 20, 1993, see 2011, c. 24, s. 171.] Current to June 20, 2022 Last amended on June 19, 2014 Nordion and Theratronics Divestiture Authorization RELATED PROVISIONS RELATED PROVISIONS — 2011, c. 24, s. 171 Deemed coming into force — April 20, 1993 171 Despite section 12 of the Nordion and Theratronics Divestiture Authorization Act, section 9 of that Act is deemed to have come into force on April 20, 1993. Current to June 20, 2022 Last amended on June 19, 2014

CONSOLIDATION Northumberland Strait Crossing Act S.C. 1993, c. 43 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the Northumberland Strait Crossing Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Agreements 4 Authority to enter into agreements Authority to carry out agreements Lease of federal real property Annual Subsidy 7 Appropriation No set-off of subsidy Tolls 9 Tolls Coming into Force *10 Coming into force Current to June 20, 2022 ii S.C. 1993, c. 43 An Act respecting the Northumberland Strait Crossing [Assented to 23rd June 1993] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Northumberland Strait Crossing Act. Interpretation Definitions 2 (1) In this Act, agreement means an agreement entered into pursuant to section 4; (accord) crossing means a fixed structure that provides a means of crossing the Northumberland Strait and includes all facilities and appurtenances related to that fixed structure; (ouvrage de franchissement ou ouvrage) Minister means the Minister of Public Works and Government Services. (ministre) Calculation of Consumer Price Index (2) For the purposes of this Act, the consumer price index for any period shall be determined in accordance with an agreement. 1993, c. 43, s. 2; 1994, c. 26, s. 47(F); 1996, c. 16, s. 60. Current to June 20, 2022 Northumberland Strait Crossing Her Majesty Sections 3-5 Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada. Agreements Authority to enter into agreements 4 (1) The Minister may, on behalf of Her Majesty in right of Canada, enter into one or more agreements in respect of the crossing. Contents of agreements (2) The agreements entered into under this section may include (a) provisions respecting the design, maintenance, financing, development, construction and operation of the crossing; (b) provisions respecting the payment of the annual subsidy referred to in section 7; (c) undertakings in relation to industrial and employment benefits; (d) provisions respecting the tolls, fees or other charges that may be imposed in respect of the crossing; and (e) such other terms and conditions as the Minister considers desirable. Authority to carry out agreements 5 (1) The Minister may do such things as the Minister considers appropriate to carry out an agreement or to protect the interests or enforce the rights of Her Majesty under an agreement. Idem (2) Without limiting the generality of subsection (1), the Minister may, with respect to an agreement, (a) accept and hold on behalf of Her Majesty any security granted to Her Majesty under or pursuant to the agreement or any security granted in substitution therefor; (b) release or realize on any security referred to in paragraph (a); (c) acquire shares of a corporation in trust for Her Majesty; and Current to June 20, 2022 Northumberland Strait Crossing Agreements Sections 5-8 (d) acquire on behalf of Her Majesty the whole or any portion of any interest held in respect of the crossing by any party to the agreement and, for that purpose, enter into such agreements or arrangements as the Minister considers appropriate. Lease of federal real property 6 The Minister may lease land, and any other property belonging to Her Majesty in right of Canada or of which Her Majesty has the power to dispose, that the Minister considers is required for the construction or operation of the crossing, on such terms and conditions as the Minister considers desirable. Annual Subsidy Appropriation 7 (1) Subject to subsection (2), there shall be paid out of the Consolidated Revenue Fund, for the purpose of paying an annual subsidy in respect of the crossing, and the operation thereof in accordance with an agreement, in each of the thirty-five fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding an aggregate sum of forty-two million in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index. Number of fiscal years (2) Where the date fixed by the agreement referred to in subsection (1) as the date on which the first payment on account of the annual subsidy is to be made falls in a month other than April in a fiscal year, there shall be paid out of the Consolidated Revenue Fund, for the purpose referred to in that subsection, in each of the thirtysix fiscal years beginning with the fiscal year determined for that purpose in accordance with the agreement, on the dates set out in the agreement, an amount not exceeding (a) in respect of both the first fiscal year and the thirty-sixth fiscal year, an aggregate sum of forty-two million, and (b) in respect of each of the remaining fiscal years, an aggregate sum of forty-two million, in 1992 dollars, adjusted, in accordance with the agreement, using the consumer price index. No set-off of subsidy 8 Notwithstanding any other Act of Parliament, where the person to whom the annual subsidy is payable under an agreement, or any assignee of that person under the agreement or any other agreement entered into pursuant Current to June 20, 2022 Northumberland Strait Crossing Annual Subsidy Sections 8-10 to the agreement, is indebted to Her Majesty in right of Canada, the amount of the indebtedness may not be retained by way of deduction from or set-off against any sum of money that may be due or payable by Her Majesty to that person or assignee on account of the annual subsidy. Tolls Tolls 9 The Minister of Transport may, with the approval of the Governor in Council, make regulations prescribing, or prescribing the manner of calculating, the tolls, fees or other charges in respect of the use of the crossing that may be imposed on or after the lease of land and other property referred to in section 6 terminates in accordance with the terms and conditions of the lease. Coming into Force Coming into force 10 This Act shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force September 2, 1993, see SI/93-185.] Current to June 20, 2022

CONSOLIDATION Newfoundland and Labrador Additional Financial Assistance Act R.S.C., 1985, c. N-23 Current to June 20, 2022 Last amended on February 26, 2015 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 26, 2015. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on February 26, 2015 TABLE OF PROVISIONS An Act to give effect to Term 29 of the Terms of Union of Newfoundland with Canada 1 Short title Annual payment to Newfoundland and Labrador by way of additional financial assistance Current to June 20, 2022 Last amended on February 26, 2015 ii R.S.C., 1985, c. N-23 An Act to give effect to Term 29 of the Terms of Union of Newfoundland with Canada Short title 1 This Act may be cited as the Newfoundland and Labrador Additional Financial Assistance Act. R.S., 1985, c. N-23, s. 1; 2015, c. 3, s. 135. Annual payment to Newfoundland and Labrador by way of additional financial assistance 2 In addition to all other payments, grants, subsidies and allowances payable to the Province of Newfoundland and Labrador, the Minister of Finance, on behalf of the Government of Canada, shall, out of the Consolidated Revenue Fund, cause to be paid to the Province of Newfoundland and Labrador in each and every fiscal year, until otherwise provided by any agreement in that behalf entered into between the Government of Canada and the Government of Newfoundland and Labrador, an annual amount, by way of additional financial assistance as contemplated by Term 29 of the Terms of Union of Newfoundland with Canada, of eight million dollars. R.S., 1985, c. N-23, s. 2; 2015, c. 3, s. 135. Current to June 20, 2022 Last amended on February 26, 2015

CONSOLIDATION National Security Act, 2017 S.C. 2019, c. 13 Current to June 20, 2022 Last amended on November 4, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 4, 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”. Shaded provisions in this document are not in force. Current to June 20, 2022 Last amended on November 4, 2020 TABLE OF PROVISIONS An Act respecting national security matters Short Title 1 Short title PART 1 National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act Transitional Provisions 3 Definitions Chairman of former Committee Employment continued — staff Powers, duties and functions Appropriations Rights and obligations Contracts Information — former Committee Complaints — former Committee First report Commencement of proceedings No compensation Information — former Commissioner Complaints — former Commissioner Commencement of proceedings Related and Consequential Amendments Access to Information Act Canada Evidence Act Canadian Security Intelligence Service Act Citizenship Act Financial Administration Act Canadian Human Rights Act Current to June 20, 2022 Last amended on November 4, 2020 ii National Security, 2017 TABLE OF PROVISIONS Security of Information Act Privacy Act Public Service Superannuation Act Royal Canadian Mounted Police Act Public Sector Compensation Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act Coordinating Amendments PART 1.1 Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act Coordinating Amendments PART 2 Intelligence Commissioner Intelligence Commissioner Act Transitional Provisions 51 Definitions Former Commissioner Status continued Powers, duties and functions Appropriations Rights, property and obligations Contracts Commencement of proceedings No compensation Related and Consequential Amendments Access to Information Act Canada Evidence Act Canadian Security Intelligence Service Act Financial Administration Act Current to June 20, 2022 Last amended on November 4, 2020 iv National Security, 2017 TABLE OF PROVISIONS National Defence Act Security of Information Act Privacy Act Public Service Superannuation Act Security of Canada Information Disclosure Act Coordinating Amendments PART 3 Communications Security Establishment Communications Security Establishment Act Transitional Provisions 77 Definitions Chief Transfer of appropriations Ministerial authorizations Arrangements References National Defence Act Consequential Amendments National Defence Act Public Sector Compensation Act Proceeds of Crime (Money Laundering) and Terrorist Financing Act Security of Canada Information Disclosure Act Coordinating Amendments PART 4 Canadian Security Intelligence Service Act Amendments to the Act Transitional Provisions 110 Definitions Datasets collected by Service Current to June 20, 2022 Last amended on November 4, 2020 v National Security, 2017 TABLE OF PROVISIONS PART 5 Security of Canada Information Sharing Act Amendments to the Act Consequential Amendments Excise Tax Act Department of Fisheries and Oceans Act Customs Act Income Tax Act Chemical Weapons Convention Implementation Act Excise Act, 2001 PART 6 Secure Air Travel Act Amendments to the Act Transitional Provision 139 Continued application PART 7 Criminal Code Amendments to the Act Transitional Provisions 155 Continued application Proceedings continued No report for year before coming into force Section 83.3 of the Criminal Code 157.1 Application Consequential Amendment to the Corrections and Conditional Release Act PART 8 Youth Criminal Justice Act Current to June 20, 2022 Last amended on November 4, 2020 v National Security, 2017 TABLE OF PROVISIONS PART 9 Review 168 Duty to undertake review PART 10 Coming into Force *169 Order in council *169.1 Order in council *170 Order in council Order in council *172 Order in council *173 Order in council SCHEDULE Current to June 20, 2022 Last amended on November 4, 2020 vi S.C. 2019, c. 13 An Act respecting national security matters [Assented to 21st June 2019] Preamble Whereas a fundamental responsibility of the Government of Canada is to protect Canada’s national security and the safety of Canadians; Whereas that responsibility must be carried out in accordance with the rule of law and in a manner that safeguards the rights and freedoms of Canadians and that respects the Canadian Charter of Rights and Freedoms; Whereas the Government of Canada is committed to enhancing Canada’s national security framework in order to keep Canadians safe while safeguarding their rights and freedoms; Whereas the Government of Canada, by carrying out its national security and information activities in a manner that respects rights and freedoms, encourages the international community to do the same; Whereas enhanced accountability and transparency are vital to ensuring public trust and confidence in Government of Canada institutions that carry out national security or intelligence activities; Whereas those institutions must always be vigilant in order to uphold public safety; Whereas those institutions must have powers that will enable them to keep pace with evolving threats and must use those powers in a manner that respects the rights and freedoms of Canadians; Whereas many Canadians expressed concerns about provisions of the Anti-terrorism Act, 2015; And whereas the Government of Canada engaged in comprehensive public consultations to obtain the views of Canadians on how to enhance Canada’s Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 Short Title Sections 1-3 national security framework and committed to introducing legislation to reflect the views and concerns expressed by Canadians; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Security Act, 2017. PART 1 National Security and Intelligence Review Agency National Security and Intelligence Review Agency Act 2 [Amendments] Transitional Provisions Definitions 3 The following definitions apply in sections 4 to 17. former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act, as it read immediately before the coming into force of section 68. (ancien commissaire) Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 3-6 former Committee means the Security Intelligence Review Committee established by subsection 34(1) of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2. (ancien comité) new Agency means the National Security and Intelligence Review Agency. (nouvel office) Chairman of former Committee 4 (1) The person who, immediately before the day on which section 2 comes into force, held office as Chairman of the former Committee ceases to be Chairman and is continued in office as a member of the new Agency for the remainder of the term for which he or she was appointed. Members of former Committee (2) The members of the former Committee who, immediately before the day on which section 2 comes into force, held office are continued in office as members of the new Agency for the remainder of the term for which they were appointed. Chair of new Agency (3) As soon as feasible after the day on which section 2 comes into force, the Governor in Council must designate, under subsection 4(5) of the National Security and Intelligence Review Agency Act, the Chair of the new Agency from among the members who continue in office under subsection (1) or (2) or who are appointed under subsection 4(1) of that Act. Employment continued — staff 5 (1) Nothing in this Part is to be construed as affecting the status of any person who, immediately before the day on which section 2 comes into force, occupies a position in the former Committee, except that the person is to, as of that day, occupy their position in the Secretariat of the new Agency. Managerial or confidential position (2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. Powers, duties and functions 6 A person referred to in section 5 whom the former Committee has authorized to exercise Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 6-11 certain powers or perform certain duties or functions relating to a matter before that former Committee, on the day on which section 2 comes into force, retains the authority to exercise those powers and perform those duties and functions. Appropriations 7 Any money that is appropriated by an Act of Parliament, for the fiscal year in which section 2 comes into force, to defray any expenditure of the former Committee and that, on the day on which section 2 comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the new Agency. Rights and obligations 8 All rights and property of the former Committee and of Her Majesty in right of Canada that are under the administration and control of the former Committee and all obligations of the former Committee are transferred to the new Agency. Contracts 9 A contract respecting the provision of services or materiel to the former Committee entered into before the day on which section 2 comes into force is deemed to have been entered into by the executive director of the Secretariat of the new Agency. Information — former Committee 10 The former Committee must transfer to the new Agency all information under its control, including information that relates to a complaint before that former Committee, or to any review or investigation that is being undertaken by that Committee, immediately before the day on which section 2 comes into force. Complaints — former Committee 11 (1) The new Agency becomes seized of any complaint made to the former Committee before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency. Reports and matters (2) The new Agency becomes seized of any report made under section 19 of the Citizenship Act, and any matter referred under section 45 of the Canadian Human Rights Act, to the former Committee before the day on which section 2 comes into force and that report or matter is deemed to have Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 11-14 been made or referred, as the case may be, to the new Agency. First report 12 (1) The first report that the new Agency submits under each of subsections 32(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Committee has not yet submitted a report under section 53 of the Canadian Security Intelligence Service Act, as it read immediately before the coming into force of section 2. First report — Communications Security Establishment (2) The first report that the new Agency submits under each of subsections 33(1) and 38(1) of the National Security and Intelligence Review Agency Act must include information in respect of any period for which the former Commissioner has not yet submitted a report under subsection 273.63(3) of the National Defence Act, as it read immediately before the coming into force of section 2. Commencement of proceedings 13 (1) Any action, suit or other legal or administrative proceeding that could have been brought against the former Committee may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Committee. Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Committee is a party that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Committee. No compensation 14 Despite the provisions of any contract, agreement or order, no person appointed to hold office as Chairman or as a member of the former Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Transitional Provisions Sections 14-17 Committee has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent or mandatary of Her Majesty for ceasing to hold that office or for the abolition of that office by the operation of this Part. Information — former Commissioner 15 The former Commissioner must transfer to the new Agency all information under his or her control, including information that relates to a complaint before that former Commissioner, or to any review or investigation that is being undertaken by that former Commissioner, immediately before the day on which section 2 comes into force. Complaints — former Commissioner 16 The new Agency becomes seized of any complaint made to the former Commissioner before the day on which section 2 comes into force and that complaint is deemed to have been made to the new Agency. Commencement of proceedings 17 (1) Any action, suit or other legal or administrative proceeding, relating to a review or an investigation, that could have been brought against the former Commissioner may be brought against the new Agency in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the former Commissioner. Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party that relates to a review or an investigation and that is pending immediately before the day on which section 2 comes into force may be continued by or against the new Agency in the same manner and to the same extent as it could have been continued by or against the former Commissioner. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Sections 18-32 Related and Consequential Amendments R.S., c. A-1. Access to Information Act 18 [Amendments] 19 [Amendments] R.S. c. C-5. Canada Evidence Act 20 [Amendments] R.S., c. C-23. Canadian Security Intelligence Service Act 21 [Amendments] 22 [Amendments] 23 [Amendments] R.S., c. C-29. Citizenship Act 24 [Amendments] 25 [Amendments] R.S., c. F-11. Financial Administration Act 26 [Amendments] 27 [Amendments] 28 [Amendments] 29 [Amendments] 30 [Amendments] 31 [Amendments] 32 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Canadian Human Rights Act Sections 33-45 R.S., c. H-6. Canadian Human Rights Act 33 [Amendments] 34 [Amendments] R.S., c. O-5; 2001, c. 41, s. 25. Security of Information Act 35 [Amendments] 36 [Amendments] 37 [Amendments] R.S., c. P-21. Privacy Act 37.1 [Amendments] 37.2 [Amendments] 38 [Amendments] 39 [Amendments] R.S., c. P-36. Public Service Superannuation Act 40 [Amendments] R.S., c. R-10. Royal Canadian Mounted Police Act 41 [Amendments] 42 [Amendments] 43 [Amendments] 1991, c. 30. Public Sector Compensation Act 44 [Amendments] 45 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 1 National Security and Intelligence Review Agency Related and Consequential Amendments Proceeds of Crime (Money Laundering) and Terrorist Financing Act Sections 46-51 2000, c. 17; 2001, c. 41, s. 48. Proceeds of Crime (Money Laundering) and Terrorist Financing Act 46 [Amendments] 47 [Amendments] Coordinating Amendments 48 [Amendments] 49 [Amendments] PART 1.1 Avoiding Complicity in Mistreatment by Foreign Entities Avoiding Complicity in Mistreatment by Foreign Entities Act 49.1 [Amendments] Coordinating Amendments 49.2 [Amendments] PART 2 Intelligence Commissioner Intelligence Commissioner Act 50 [Amendments] Transitional Provisions Definitions 51 The following definitions apply in sections 52 to 59. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 2 Intelligence Commissioner Transitional Provisions Sections 51-55 former Commissioner means the Commissioner of the Communications Security Establishment appointed under subsection 273.63(1) of the National Defence Act, as it read immediately before the coming into force of section 68. (ancien commissaire) new Commissioner means the Intelligence Commissioner under the Intelligence Commissioner Act. (nouveau commissaire) Former Commissioner 52 The person occupying the position of the former Commissioner immediately before the day on which this section comes into force is, on that day and for the remainder of the term for which he or she was appointed to that position, to become the new Commissioner as if he or she had been appointed under subsection 4(1) of the Intelligence Commissioner Act. Status continued 53 (1) Nothing in this Act is to be construed as affecting the status of a person who, immediately before the day on which this section comes into force, occupied a position with the office of the former Commissioner, except that the person is to occupy their position in the office of the new Commissioner on that day. For greater certainty (2) For greater certainty, a person’s status includes whether or not they occupy a managerial or confidential position. Powers, duties and functions 54 A person referred to in section 53 who was authorized, immediately before the day on which that section comes into force, by the former Commissioner to exercise certain powers or perform certain duties and functions retains the authority to exercise those powers and perform those duties and functions in the office of the new Commissioner. Appropriations 55 Any money that is appropriated by an Act of Parliament, for the fiscal year in which this section comes into force, to defray any expenditure of the office of the former Commissioner and that, on the day on which this section comes into force, is unexpended is deemed, on that day, to be an amount appropriated to defray any expenditure of the office of the new Commissioner. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 2 Intelligence Commissioner Transitional Provisions Sections 56-59 Rights, property and obligations 56 Subject to section 15, all rights and property of the office of the former Commissioner and of Her Majesty in right of Canada that are under the administration and control of the office of the former Commissioner and all obligations of the office of the former Commissioner are transferred to the office of the new Commissioner. Contracts 57 (1) A contract respecting the provision of materiel or services to the office of the former Commissioner that was entered into by that Commissioner is deemed to have been entered into by the new Commissioner. References (2) Unless the context otherwise requires, every reference to the former Commissioner in a contract referred to in subsection (1) is to be read as a reference to the new Commissioner. Commencement of proceedings 58 (1) Any action, suit or other legal or administrative proceeding in respect of an obligation or liability incurred by the former Commissioner, other than one relating to a complaint or a review before him or her, may be brought against the new Commissioner in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Commissioner. Pending proceedings (2) Any action, suit or other legal or administrative proceeding to which the former Commissioner is a party, other than one relating to a complaint or a review before him or her, and that is pending immediately before the day on which this section comes into force may be continued by or against the new Commissioner in the same manner and to the same extent as it could have been continued by or against the former Commissioner. No compensation 59 Despite the provisions of any contract, agreement or order, the person appointed to hold office as the former Commissioner has no right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 2 Intelligence Commissioner Transitional Provisions Sections 59-70 for the abolition of that office by the operation of section 68. Related and Consequential Amendments R.S., c. A-1. Access to Information Act 60 [Amendments] R.S., c. C-5. Canada Evidence Act 61 [Amendments] R.S., c. C-23. Canadian Security Intelligence Service Act 62 [Amendments] R.S., c. F-11. Financial Administration Act 63 [Amendments] 64 [Amendments] 65 [Amendments] 66 [Amendments] 67 [Amendments] R.S., c. N-5. National Defence Act 68 [Amendments] 69 [Amendments] R.S., c. O-5. Security of Information Act 70 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 2 Intelligence Commissioner Related and Consequential Amendments Privacy Act Sections 71-77 R.S., c. P-21. Privacy Act 71 [Amendments] R.S., c. P-36. Public Service Superannuation Act 72 [Amendments] 2015, c. 20, s. 2. Security of Canada Information Disclosure Act 73 [Amendments] Coordinating Amendments 74 [Amendments] 75 [Amendments] PART 3 Communications Security Establishment Communications Security Establishment Act 76 [Amendments] Transitional Provisions Definitions 77 The following definitions apply in sections 78 to 82. former department means the portion of the federal public administration known as the Communications Security Establishment. (ancien ministère) new department means the Communications Security Establishment as established by section 5 of the Communications Security Establishment Act. (nouveau ministère) Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 3 Communications Security Establishment Transitional Provisions Sections 78-80 Chief 78 (1) The Chief of the Communications Security Establishment holding office immediately before the coming into force of section 76 continues in office for the remainder of the term for which he or she was appointed. Employees (2) Nothing in the Communications Security Establishment Act is to be construed as affecting the status of an employee who, immediately before the coming into force of section 76, occupied a position in the former department, except that the employee, on the coming into force of that section, occupies that position in the new department. Transfer of appropriations 79 (1) Any amount that is appropriated, for the fiscal year in which section 76 comes into force, by an appropriation Act based on the Estimates for that year for defraying the federal public administration’s charges and expenses for the former department that is unexpended on the day on which that section comes into force is deemed, on that day, to be an amount appropriated for defraying the federal public administration’s charges and expenses for the new department. Transfer of powers, duties and functions (2) If a power, duty or function is vested in or exercisable by the former department’s Chief or an employee of the former department under any Act, order, rule, regulation or direction, or any contract, lease, licence or other document, that power, duty or function is vested in or is exercisable by the new department’s Chief or an employee of the new department. Ministerial authorizations 80 (1) An authorization that was issued under subsection 273.65(1) or (3) of the National Defence Act before the day on which section 76 comes into force and is valid on that day continues to be valid for the period specified in it or, if it was renewed before that day, for the period specified in the renewal. Repeal (2) The Minister may repeal an authorization referred to in subsection (1) at any time. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 3 Communications Security Establishment Transitional Provisions Sections 81-82 Arrangements 81 Any arrangement entered into by the former department before the day on which section 76 comes into force continues in accordance with its terms. References 82 (1) A reference to the former department in any of the following is deemed to be a reference to the new department: (a) Schedule I to the Access to Information Act under the heading “Other Government Institutions”; (b) Schedules I.1, V and VI to the Financial Administration Act; (c) the schedule to the Privacy Act under the heading “Other Government Institutions”; (d) the schedule to the Security of Information Act; (e) Schedule 3 to the Security of Canada Information Disclosure Act; (f) the National Security and Intelligence Review Agency Act; and (g) the Intelligence Commissioner Act. Other references (1.1) Unless the context requires otherwise, every reference to the former department in any Act of Parliament, other than an Act referred to in subsection (1), or in any order, regulation or other instrument made under an Act of Parliament is deemed to be a reference to the new department. Deputy head (2) The designation of a person as deputy head of the former department in any order of the Governor in Council made under section 55 of the National Security and Intelligence Review Agency Act is deemed to be a designation of the Chief of the new department as deputy head of that department. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 3 Communications Security Establishment National Defence Act Sections 83-91 R.S., c. N-5. National Defence Act 83 [Amendments] Consequential Amendments R.S., c. N-5. National Defence Act 84 [Amendments] 1991, c. 30. Public Sector Compensation Act 85 [Amendments] 86 [Amendments] 87 [Amendments] 2000, c. 17; 2001, c. 41, s. 48. Proceeds of Crime (Money Laundering) and Terrorist Financing Act 88 [Amendments] 2015, c. 20, s. 2. Security of Canada Information Disclosure Act 89 [Amendments] Coordinating Amendments 90 [Amendments] 91 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 4 Canadian Security Intelligence Service Act Sections 92-110 PART 4 R.S., c. C-23. Canadian Security Intelligence Service Act Amendments to the Act 92 [Amendments] 93 [Amendments] 94 [Amendments] 95 [Amendments] 96 [Amendments] 97 [Amendments] 98 [Amendments] 99 [Amendments] 100 [Amendments] 101 [Amendments] 102 [Amendments] 103 [Amendments] 104 [Amendments] 105 [Amendments] 106 [Amendments] 107 [Amendments] 108 [Amendments] 109 [Amendments] Transitional Provisions Definitions 110 The following definitions apply in section 111. commencement day means the day on which section 96 comes into force. (date de référence) Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 4 Canadian Security Intelligence Service Act Transitional Provisions Sections 110-120 dataset means a collection of information stored as an electronic record and characterized by a common subject matter. (ensemble de données) Service has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (Service) Datasets collected by Service 111 If any dataset was collected by the Service before the commencement day that would be subject to sections 11.02 and 11.05 of the Canadian Security Intelligence Service Act as enacted by section 97 of this Act, that dataset is deemed, on the commencement day, to be collected under that section 11.05 on that day. PART 5 2015, c. 20, s. 2. Security of Canada Information Sharing Act Amendments to the Act 112 [Amendments] 113 [Amendments] 114 [Amendments] 115 [Amendments] 116 [Amendments] 117 [Amendments] 118 [Amendments] 118.1 [Amendments] 119 [Amendments] 120 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 5 Security of Canada Information Sharing Act Consequential Amendments Sections 121-130 Consequential Amendments R.S., c. E-15. Excise Tax Act 121 [Amendments] R.S., c. F-15. Department of Fisheries and Oceans Act 122 [Amendments] R.S., c. 1 (2nd Supp.). Customs Act 123 [Amendments] R.S., c. 1 (5th Supp.). Income Tax Act 124 [Amendments] 1995, c. 25. Chemical Weapons Convention Implementation Act 125 [Amendments] 2002, c. 22. Excise Act, 2001 126 [Amendments] PART 6 2015, c. 20, s. 11. Secure Air Travel Act Amendments to the Act 127 [Amendments] 128 [Amendments] 129 [Amendments] 130 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 6 Secure Air Travel Act Amendments to the Act Sections 131-150 131 [Amendments] 132 [Amendments] 133 [Amendments] 134 [Amendments] 135 [Amendments] 136 [Amendments] 137 [Amendments] 138 [Amendments] Transitional Provision Continued application 139 Subsection 15(6) of the Secure Air Travel Act, as it read immediately before the day on which this section comes into force, continues to apply in respect of any application made under subsection 15(1) of that Act before that day. PART 7 R.S., c. C-46. Criminal Code Amendments to the Act 140 [Amendments] 141 [Amendments] 142 [Amendments] 143 [Amendments] 144 [Amendments] 145 [Amendments] 146 [Amendments] 147 [Amendments] 148 [Amendments] 149 [Amendments] 150 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 7 Criminal Code Amendments to the Act Sections 151-158 151 [Amendments] 152 [Amendments] 153 [Amendments] 154 [Amendments] Transitional Provisions Continued application 155 Paragraph 83.05(1)(b) and subsection 83.05(3) of the Criminal Code, as they read immediately before the day on which section 141 of this Act comes into force, continue to apply with respect to an application made before that day under subsection 83.05(2) of that Act. Proceedings continued 156 Proceedings commenced under sections 83.28 and 83.29 of the Criminal Code, as they read before the day on which section 145 comes into force, are to be completed under those sections 83.28 and 83.29 if the hearing of the application made under subsection 83.28(2) began before that day. No report for year before coming into force 157 No report is to be prepared under subsection 810.011(15) of the Criminal Code with respect to the year that precedes the coming into force of that subsection. Section 83.3 of the Criminal Code Application 157.1 If section 83.3 of the Criminal Code has ceased to have effect in accordance with section 83.32 of that Act before the day on which this section comes into force, then that section 83.3 becomes effective again as of the day on which this section comes into force and sections 146 and 148 of this Act apply in respect of that section 83.3. 1992, c. 20. Consequential Amendment to the Corrections and Conditional Release Act 158 [Amendments] Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 8 Youth Criminal Justice Act Sections 159-168 PART 8 2002, c. 1. Youth Criminal Justice Act 159 [Amendments] 160 [Amendments] 161 [Amendments] 162 [Amendments] 163 [Amendments] 164 [Amendments] 165 [Amendments] 166 [Amendments] 167 [Amendments] PART 9 Review Duty to undertake review 168 (1) During the fourth year after this section comes into force, a comprehensive review of the provisions and operation of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament, that is designated or established for that purpose. Subjects of review (1.1) The comprehensive review referred to in subsection (1) must include an assessment of the effect of this Act on the operations of the Canadian Security Intelligence Service, the Royal Canadian Mounted Police and the Communications Security Establishment that relate to national security, information sharing, and the interaction of those organizations with the National Security and Intelligence Review Agency, the Intelligence Commissioner and the National Security and Intelligence Committee of Parliamentarians. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 9 Review Section 168 Report (2) The committee must, within one year after the review is undertaken — or within any further period that the Senate, the House of Commons or both Houses of Parliament, as the case may be, authorizes — submit a report on the review to the appropriate House or, in the case of a committee of both Houses, to each House, that includes a statement of any changes that the committee recommends. Bill C-22 (3) Subsections (4) and (5) apply if Bill C-22, introduced in the 1st session of the 42nd Parliament and entitled the National Security and Intelligence Committee of Parliamentarians Act (in this section referred to as the “other Act”), receives royal assent. Reviews by same committees (4) If section 34 of the other Act comes into force during the period that begins on the day on which this section comes into force and ends immediately before the first anniversary of that day, then (a) the review required by subsection (1) is, despite that subsection (1), to be undertaken five years after the day on which section 34 of the other Act comes into force, and (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be. Reviews by same committees (5) If section 34 of the other Act has come into force during the year immediately preceding the day on which this section comes into force, then (a) the review required by section 34 of the other Act is, despite that section, to be undertaken during the sixth year after the day on which subsection (1) comes into force; and (b) the review required by subsection (1) and the review required by section 34 of the other Act are to be undertaken by the same committee or committees, as the case may be. Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 10 Coming into Force Sections 169-173 PART 10 Coming into Force Order in council 169 Parts 1 and 2, other than sections 48, 49, 74 and 75, come into force on a day to be fixed by order of the Governor in Council. * [Note: Parts 1 and 2, other than sections 48, 49, 74 and 75, in force July 12, 2019, see SI/2019-67.] * Order in council 169.1 Part 1.1, other than section 49.2, comes into force on a day to be fixed by order of the Governor in Council. * [Note: Part 1.1, other than section 49.2, in force July 13, 2019, see SI/2019-71.] * Order in council 170 Part 3, other than sections 83, 90 and 91, come into force on a day to be fixed by order of the Governor in Council, but that day must be later than the day fixed under section 169. * [Note: Part 3, other than sections 83, 90 and 91, in force August 1, 2019, see SI/2019-70.] * Order in council 171 *(1) Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 come into force on a day or days to be fixed by order of the Governor in Council. [Note: Sections 94, 96, 97, 102, 107 and 108 and the provisions enacted by them and sections 110 and 111 in force July 13, 2019, see SI/2019-71.] * Order in council (2) Section 101 comes into force on a day to be fixed by order of the Governor in Council, but that day must not be earlier than the day fixed under section 169. * * [Note: Section 101 in force July 13, 2019, see SI/2019-71.] Order in council 172 Subsections 119(2) and 120(2) come into force on the day fixed under section 169. * * [Note: Subsections 119(2) and 120(2) in force July 12, 2019, see SI/2019-67.] Order in council 173 (1) Sections 127, 130, 132, 133 and 136, subsections 137(1), (3) and (6) and section 138 come into force on a day to be fixed by order of the Governor in Council. * Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 PART 10 Coming into Force Section 173 Order in council (2) Section 128, subsection 129(1), sections 131, 134 and 135, subsections 137(2), (4), (5) and (7) and section 139 come into force on a day to be fixed by order of the Governor in Council. August 1, 2015 (3) Subsection 129(2) is deemed to have come into force on August 1, 2015. [Note: Sections 127, 130, 132, 133 and 136, subsections 137(1), (3) and (6) and section 138 in force November 4, 2020, see SI/ 2020-71; section 128, subsection 129(1), sections 131, 134 and 135, subsections 137(2), (4), (5) and (7) and section 139 in force July 13, 2019, see SI/2019-71.] * Current to June 20, 2022 Last amended on November 4, 2020 National Security Act, 2017 SCHEDULE SCHEDULE (Section 49.1) [Amendments] Current to June 20, 2022 Last amended on November 4, 2020

CONSOLIDATION National Archives of Canada Act [Repealed, 2004, c. 11, s. 55] NOTE [1987, c. 1, assented to 25th March, 1987] Current to June 20, 2022 Last amended on May 21, 2004 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 21, 2004. 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 21, 2004 TABLE OF PROVISIONS An Act respecting the National Archives of Canada and records of government institutions of Canada and to amend other Acts in relation thereto Current to June 20, 2022 Last amended on May 21, 2004 ii

CONSOLIDATION Northern Canada Power Commission Yukon Assets Disposal Authorization Act S.C. 1987, c. 9 Current to June 20, 2022 Last amended on July 15, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 July 15, 2019 TABLE OF PROVISIONS An Act to authorize the disposal of certain assets in the Yukon Territory that are held or used by the Northern Canada Power Commission and to provide for other matters in connection therewith Short Title 1 Short title Interpretation 2 Definitions Disposal of Assets 3 Disposal by Minister Execution of agreement Financial Provisions 6 Forgiveness of debt Assignment of promissory note Regulations not applicable Pension Rights 9 Pension rights Reciprocal transfer agreements Agency Status 11 Agency status of Yukon Development Corporation Consequential and Related Amendments Northern Canada Power Commission Act Coming into Force *17 Coming into force Current to June 20, 2022 Last amended on July 15, 2019 ii S.C. 1987, c. 9 An Act to authorize the disposal of certain assets in the Yukon Territory that are held or used by the Northern Canada Power Commission and to provide for other matters in connection therewith [Assented to 26th March 1987] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Northern Canada Power Commission Yukon Assets Disposal Authorization Act. Interpretation Definitions 2 In this Act, agreement means the purchase and sale agreement respecting assets in the Yukon Territory held or used by the Commission and entered into by Her Majesty in right of Canada, as represented by the Minister, the Commission, the Corporation and the Government of the Yukon Territory, as represented by the Commissioner of the Yukon Territory; (accord) Commission means the Northern Canada Power Commission, a corporation established by the Northern Canada Power Commission Act; (Commission) Corporation means the Yukon Power Corporation, a wholly-owned subsidiary of the Yukon Development Corporation, a corporation established by an ordinance of the Yukon Territory; (Société) Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization Interpretation Sections 2-4 dispose, in respect of any territorial lands or other assets, includes to sell or lease the assets and to grant a licence or easement in respect of the assets; (aliénation) Electrical Company means The Yukon Electrical Company Limited, a corporation incorporated under the laws of the Yukon Territory; (société d’électricité) Minister means the Minister of Northern Affairs; (ministre) territorial lands means lands in the Yukon Territory that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose, whether or not the lands have been withdrawn from disposal under the Territorial Lands Act pursuant to paragraph 19(a) of that Act. (terres territoriales) 1987, c. 9, s. 2; 2019, c. 29, s. 374. Disposal of Assets Disposal by Minister 3 (1) For the purpose of carrying out the agreement, the Minister may, on such terms and conditions as the Governor in Council may, by order, approve, dispose of to the Corporation any territorial lands that are under the control, management and administration of the Minister. Provisions not applicable (2) Sections 4, 7, 9 and 10 of the Territorial Lands Act and the Territorial Lands Regulations do not apply in respect of any territorial lands disposed of pursuant to this section. Execution of agreement 4 (1) The Minister may, by order, direct the Commission to execute the agreement and such other documents as are necessary for or incidental to the carrying out of the agreement and the Commission shall comply with the order. Disposal by Commission (2) For the purpose of carrying out the agreement, the Minister may, by order, direct the Commission to dispose of, on such terms and conditions as are approved by the Governor in Council, to the Corporation any territorial lands, and any other assets in the Yukon Territory, that are under the control, management and administration of the Commission. Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization Disposal of Assets Sections 4-7 Financial Administration Act authorization (3) On receiving an order under subsection (2), the Commission is hereby authorized to dispose of assets in accordance with the order and shall comply with the order. Provisions not applicable (4) Subsections 108(2) to (5) of the Financial Administration Act do not apply in respect of any disposal of assets authorized by subsection (3). 5 (1) and (2) [Repealed, 1992, c. 40, s. 50] Exemption from fees (3) Notwithstanding the Yukon Waters Act, the Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste pursuant to a licence under that Act. 1987, c. 9, s. 5; 1992, c. 40, s. 50. Financial Provisions Forgiveness of debt 6 (1) The debts and obligations of the Commission due to Her Majesty in right of Canada in relation to the Commission’s operations in the Yukon Territory and the claims of Her Majesty in right of Canada against the Commission in relation to those operations, the aggregate principal amount of which debts, obligations and claims is one hundred and twenty-eight million, one hundred and twenty-six thousand, eighty-three dollars and fifty cents, and the interest accruing on that amount to the day on which this section comes into force are hereby forgiven and the amount, as recorded in the accounts of Canada on that day, of those debts, obligations and claims is hereby written off as a budgetary expenditure and deleted from those accounts. Application of proceeds (2) The proceeds of sale in the amount of ninety-five million dollars referred to in the agreement shall be applied towards the writing off of the debts, obligations and claims referred to in subsection (1). Assignment of promissory note 7 (1) The Minister may assign or cause to be assigned to the Government of the Yukon Territory, as represented by the Commissioner of the Yukon Territory, the promissory note in the principal amount of nineteen million five hundred thousand dollars given by the Corporation in partial consideration for the assets disposed of to the Corporation pursuant to this Act. Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization Financial Provisions Sections 7-9 Promissory note written off (2) Where the promissory note referred to in subsection (1) is assigned pursuant to that subsection, the principal amount of the note as recorded in the accounts of Canada on the day of the assignment is hereby written off as a budgetary expenditure and deleted from those accounts. Regulations not applicable 8 (1) The regulations made pursuant to subsection 18(1) of the Financial Administration Act do not apply in respect of any debt, obligation or claim written off by section 6 or 7. Report in Public Accounts (2) The debts, obligations and claims forgiven or written off by section 6 or 7 in a fiscal year shall be reported, in such form as the Treasury Board may determine, in the Public Accounts for that year. Pension Rights Pension rights 9 (1) In the manner and to the extent provided by the regulations made under subsection (3), the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply to a person who meets all of the following criteria: (a) immediately prior to the coming into force of this section, the person was employed by the Commission and was a contributor under the Public Service Superannuation Act; (b) the President of the Treasury Board has not made a payment to the pension plan of the Electrical Company pursuant to section 30 of the Public Service Superannuation Act in respect of that person; (c) the person has not received or opted to receive any annuity or other benefit under section 11 or 12 of the Public Service Superannuation Act in respect of the pensionable service to that person’s credit under that Act immediately prior to the coming into force of this section; and (d) the person elects, within one year after the coming into force of this section and in such form and manner as the President of the Treasury Board may direct, to have the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply to that person in Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization Pension Rights Sections 9-12 the manner and to the extent provided by the regulations made under subsection (3). Election irrevocable (2) An election made pursuant to paragraph (1)(d) is irrevocable. Regulations (3) The Governor in Council may, in relation to persons who have made elections pursuant to paragraph (1)(d), make regulations (a) respecting the manner in which and extent to which provisions, as amended, of the Acts and regulations mentioned in subsection (1) apply; (b) adapting provisions of those Acts and regulations for the purposes of this section; and (c) generally for carrying out the purposes and provisions of this section. Retroactive application of regulations (4) Regulations made under subsection (3) may, if they so provide, be retroactive and have effect with respect to any period before they are made. Reciprocal transfer agreements 10 For greater certainty, for the purposes of section 30 of the Public Service Superannuation Act, the Electrical Company is deemed to be an approved employer within the meaning of that section. Agency Status Agency status of Yukon Development Corporation 11 The provision in the ordinance of the Yukon Territory establishing the Yukon Development Corporation that declares the Yukon Development Corporation to be an agent of the Government of Yukon shall not be repealed before the consideration for the assets disposed of to the Yukon Power Corporation pursuant to this Act has been fully paid. Consequential and Related Amendments Northern Canada Power Commission Act 12 [Amendment] Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization Consequential and Related Amendments Northern Canada Power Commission Act Sections 13-17 13 [Amendment] 14 [Amendment] 15 [Amendment] 16 [Amendment] Coming into Force Coming into force 17 Sections 6, 9 and 12 to 16 shall come into force on a day or days to be fixed by proclamation. * * [Note: Sections 6, 9 and 12 to 16 in force June 4, 1987, see SI/ 87-127.] Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission Yukon Assets Disposal Authorization RELATED PROVISIONS RELATED PROVISIONS — 1992, c. 40, ss. 50 (3) Orders continued 50 (3) An order made under subsection 5(3) of the Northern Canada Power Commission Yukon Assets Disposal Authorization Act before the coming into force of this Act continues in force as if it had been made under that subsection as amended by this Act. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Nunavut Waters and Nunavut Surface Rights Tribunal Act S.C. 2002, c. 10 Current to June 20, 2022 Last amended on August 28, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 28, 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 28, 2019 TABLE OF PROVISIONS An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Precedence 3 Inconsistency with Agreement PART 1 Nunavut Waters Interpretation 4 Definitions Scope and Application 5 Other Acts Rights preserved Her Majesty 7 Binding on Her Majesty Waters vested in Her Majesty Delegation and Agreements 9 Delegation to territorial minister Agreements with provinces Prohibitions 11 Use of waters Deposit of waste Compensation 13 Right to compensation DIVISION 1 Nunavut Water Board Establishment and Organization of Board 14 Establishment of Board Term of office Current to June 20, 2022 Last amended on August 28, 2019 ii Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS Additional members Inuit of northern Quebec Oath of office Removal Reappointment Vacancies Duties of Chairperson Conflict of interest Remuneration and expenses Languages 25 Language of business Head Office and Meetings 26 Head office Business meetings Status and General Powers 28 Status Panels Staff Indemnification of Board members and employees Financial Provisions 32 Annual budget Rules and By-laws 33 Powers of Board Pre-publication Objects of Board and Its Relationship with Other Bodies 35 Objects Land use plans Screening and review of projects Restriction on powers Other water authorities Marine areas DIVISION 2 Licences General Rules 42 Issuance Renewal, amendment and cancellation 43.1 Notice — on Board’s initiative Assignment of licences Current to June 20, 2022 Last amended on August 28, 2019 iv Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS Term of licence Expiry or cancellation Precedence Applications in Relation to Licences 48 Requirements Delegation Procedure 50 Standing Applications determined summarily Public hearing required Place of hearing Powers at hearings Notice of applications Time Limits Authority to Act 55.1 Authority and validity Decisions by Board and Approvals 55.2 Type A licence and type B licence if public hearing held 55.3 Day on which application is made Calculation of Time Limit 55.31 Commencement of time limit 55.4 Excluded period — information or studies required 55.5 Suspension of time limit Extensions 55.6 Extension of time limit by Minister Conditions of Issuance 56 Referral to Minister for approval Conditions for issuance of licence Compensation of existing users Failure to respond Compensation of other users Factors in determining compensation Inuit-owned Land 62 Priority of use Compensation agreements Use outside Nunavut Interpretation Negotiation to be in good faith Current to June 20, 2022 Last amended on August 28, 2019 v Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS Factors in determining compensation National parks in Nunavut Mackenzie Valley 69 Gwich’in Sahtu lands Conditions of Licences 70 Powers of Board Purpose of conditions Conditions of waste deposit Regulations under Fisheries Act Conditions relating to design of works Licence conditions deemed amended Security 76 Security 76.1 Arrangements relating to security Expropriation 77 Permission to expropriate Public Register 78 Public register Decisions 79 Reasons for decisions Decisions final Appeal to Federal Court Cost Recovery 81.1 Obligation to pay costs DIVISION 3 General Regulations and Orders 82 Regulations Reservation of water rights Recommendations to Minister Enforcement 85 Inspectors and analysts Powers of inspection Remedial measures Obstruction Where work closed or abandoned Offences and Punishment 90 Principal offences Current to June 20, 2022 Last amended on August 28, 2019 v Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS 90.1 Offences — type A licences 90.2 Offences — type B licences 90.3 Continuing offences 90.4 Deeming — second or subsequent offence Other offences Limitation period or prescription Action to enjoin not prejudiced by prosecution Certificate of analyst Administrative Monetary Penalties Regulations 94.01 Ministerial regulations Violations 94.02 Function of inspectors 94.03 Commission of violation 94.04 Liability of directors, officers, etc. 94.05 Proof of violation 94.06 Issuance and service of notice of violation Rules about Violations 94.07 Certain defences not available 94.08 Continuing violation 94.09 Violations or offences 94.1 Limitation period or prescription Reviews 94.11 Right to request review 94.12 Correction or cancellation of notice of violation 94.13 Review 94.14 Object of review 94.15 Burden of proof Responsibility 94.16 Payment 94.17 Failure to act Recovery of Penalties 94.18 Debts to Her Majesty 94.19 Certificate General 94.2 Authenticity of documents 94.3 Publication Current to June 20, 2022 Last amended on August 28, 2019 vi Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS PART 2 Nunavut Surface Rights Tribunal Interpretation 95 Definitions General Provisions 96 Review Access with consent Her Majesty 98 Binding on Her Majesty DIVISION 1 Establishment and Organization of Tribunal Tribunal Established 99 Establishment Residency qualification Term of office Reappointment Duties of Chairperson Remuneration and expenses Indemnification of Tribunal members and employees Languages 106 Language of business Head Office and Meetings 107 Head office Business meetings By-laws 109 By-laws General Powers 110 Staff Government facilities and information Property and contracts Status 113 Status Financial Provisions 114 Annual budget Annual Report 115 Annual report Publication Current to June 20, 2022 Last amended on August 28, 2019 vi Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS Jurisdiction of Tribunal 117 Negotiations Matters not raised Applications and Hearings 119 Informal and expeditious General powers of Tribunal Parties to a hearing Hearing in absence of party Location of hearing Hearing of applications Assignment of members Powers, duties and functions Information made available References to Federal Court Records 129 Records Rules 130 Procedures, mediation and costs Non-application of Statutory Instruments Act Pre-publication DIVISION 2 Entry Orders for Inuit-owned Lands Exercise of Mineral Rights 133 Use and occupation Prospecting right Access to other land Other Commercial Purposes 136 Right to cross Construction Materials 137 Right to remove materials General Rules for Orders 138 Offer of compensation Terms and conditions Compensation factors Allocation Effect of entry order Current to June 20, 2022 Last amended on August 28, 2019 ix Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS DIVISION 3 Entry Orders for Non-Inuit-owned Land Interpretation 143 Definitions Exercise of Mineral Rights 144 Applications for entry orders General Rules for Orders 145 Offer of compensation Terms and conditions Compensation factors Allocation Effect of entry order DIVISION 4 Mineral Rights and Carving Stone Specified Substances on Inuit-owned Land 150 Determinations about specified substances Carving Stone on Crown Lands 151 Conflicts DIVISION 5 Wildlife Compensation Interpretation 152 Definitions Liability of Developers 153 Loss or damage Liability of Minister Applications to Tribunal 155 Application for order Minimization of loss or damage Deadline Other Remedies 158 Developer, Minister and Ship-source Oil Pollution Fund DIVISION 6 General Decisions of the Tribunal 159 Costs Reasons for decisions Current to June 20, 2022 Last amended on August 28, 2019 x Nunavut Waters and Nunavut Surface Rights Tribunal TABLE OF PROVISIONS Copies Proof of orders Order binding on successor Enforcement of orders Assistance by Tribunal Review of Orders 166 Findings of fact Review by Tribunal Termination Review of compensation Regulations 170 Regulations PART 3 Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force Transitional Provisions 171 Continuation of Nunavut Water Board Licences Existing regulations Applications not requiring public hearings Continuation of Nunavut Surface Rights Tribunal Consequential Amendments Coordinating Amendments Coming into Force *203 Coming into force SCHEDULE 1 SCHEDULE 2 Current to June 20, 2022 Last amended on August 28, 2019 x S.C. 2002, c. 10 An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts [Assented to 30th April 2002] Preamble WHEREAS Her Majesty the Queen in right of Canada and the Inuit of the Nunavut Settlement Area have entered into a land claims agreement that was ratified by Her Majesty when it was signed on Her behalf and when the Nunavut Land Claims Agreement Act came into force and by the Inuit when it was signed on their behalf following a ratification vote; WHEREAS the agreement came into force on July 9, 1993 on its ratification by both parties; AND WHEREAS the Government of Canada has undertaken in the agreement to establish the Nunavut Water Board and the Nunavut Surface Rights Tribunal as institutions of public government and to set out by statute all of their substantive powers, functions, objectives and duties; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Nunavut Waters and Nunavut Surface Rights Tribunal Act. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal Interpretation Section 2 Interpretation Definitions 2 (1) The definitions in this subsection apply in this Act. Agreement means the land claims agreement between the Inuit of the Nunavut Settlement Area and Her Majesty the Queen in right of Canada that was ratified, given effect and declared valid by the Nunavut Land Claims Agreement Act, which came into force on July 9, 1993, and includes any amendments to that agreement made under the agreement. (Accord) carving stone means serpentinite, argillite or soapstone that is suitable for carving. (pierre à sculpter) designated Inuit organization means (a) except in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, (i) Tunngavik, or (ii) in respect of a provision of this Act referred to in Schedule 1, any organization designated in the public record maintained by Tunngavik under the Agreement as being responsible for any function under the corresponding provision or provisions of the Agreement referred to in that Schedule; or (b) in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, Makivik acting jointly with the organization determined under paragraph (a). (organisation inuit désignée) Inuit means those persons enrolled from time to time under the terms of Article 35 of the Agreement and includes, in the case of the jointly owned lands referred to in section 40.2.8 of the Agreement, the Inuit of northern Quebec. (Inuit) Inuit of northern Quebec means the Inuit of northern Quebec within the meaning of the James Bay and Northern Quebec Agreement that was approved, given effect and declared valid by the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32. (Inuit du Nord québécois) Inuit-owned land means any land that has the status of Inuit Owned Land under the Agreement, and includes the jointly owned lands referred to in section 40.2.8 of the Agreement. (terre inuit) Inuktitut means the Inuktitut language and includes Inuinaqtuun. (inuktitut) Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal Interpretation Sections 2-3 Makivik means the corporation established by An Act respecting the Makivik Corporation, R.S.Q., c. S-18.1, and representing the Inuit of northern Quebec. (Makivik) mineral right means a right to explore for, develop, produce or transport minerals, other than specified substances. (droit minier) minerals means precious and base metals and other non-living, naturally occurring substances, whether solid, liquid or gaseous, and includes coal, oil and gas, but does not include water. (minéraux) Minister means the Minister of Northern Affairs. (ministre) specified substances means construction stone, sand, gravel, limestone, marble, gypsum, shale, clay, volcanic ash, earth, soil, diatomaceous earth, ochre, marl, peat and carving stone. (matières spécifiées) Tunngavik means Nunavut Tunngavik Incorporated, a corporation without share capital incorporated under Part II of the Canada Corporations Act, R.S.C. 1970, c. C-32, and any successor to that corporation. (Tunngavik) Meaning of Nunavut Settlement Area (2) In this Act, Nunavut Settlement Area has the meaning assigned to that expression by section 3.1.1 of the Agreement. 2002, c. 10, s. 2; 2019, c. 29, s. 374. Precedence Inconsistency with Agreement 3 (1) Where there is any inconsistency or conflict between the Agreement and this Act, the Agreement prevails to the extent of the inconsistency or conflict. Inconsistency with other Acts (2) Where there is any inconsistency or conflict between this Act and any other Act of Parliament, except the Nunavut Land Claims Agreement Act, this Act prevails to the extent of the inconsistency or conflict. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters Section 4 PART 1 Nunavut Waters Interpretation Definitions 4 The definitions in this section apply in this Part. appurtenant undertaking means an undertaking in relation to which a use of waters or a deposit of waste is permitted by a licence. (entreprise principale) Board means the Nunavut Water Board established by section 14. (Office) domestic purpose means the use of waters for the following purposes: (a) household requirements, including sanitation and fire prevention; (b) the watering of domestic animals; or (c) the irrigation of a garden that adjoins a dwellinghouse and is not ordinarily used in the growth of produce for market. (domestique) instream use means a use of waters by a person, other than for a domestic purpose or as described in paragraph (a), (b) or (c) of the definition use, to earn income or for subsistence purposes. (ordinaire) licence means, unless the context otherwise requires, a type A or type B licence, in accordance with the criteria prescribed by the regulations, issued for the use of waters or the deposit of waste, or both, in Nunavut under section 42. (permis) licensee means a person to whom a licence is issued or assigned. (titulaire) marine area means any waters, including those that are ice-covered, of the Nunavut Settlement Area, other than inland waters, and the seabed and subsoil below those waters. (zones marines) national park means a park within the meaning of the Canada National Parks Act, or lands set aside as a reserve for a park under that Act. (parc national) Nunavut Impact Review Board means the Nunavut Impact Review Board referred to in section 18 of the Nunavut Planning and Project Assessment Act. (Commission d’examen des projets de développement) Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters Interpretation Section 4 Nunavut Planning Commission means the Nunavut Planning Commission referred to in section 10 of the Nunavut Planning and Project Assessment Act. (Commission d’aménagement) penalty means an administrative monetary penalty imposed for a violation. (pénalité) use, in relation to waters, means a direct or indirect use of any kind, including, but not limited to, (a) any use of water power and geothermal resources; (b) any diversion or obstruction of waters; (c) any alteration of the flow of waters; and (d) any alteration of the bed or banks of a river, stream, lake or other body of water, whether or not the body of water is seasonal. However, it does not include navigation or any other use connected with shipping activities that are governed by the Canada Shipping Act, 2001. (utilisation) waste means any substance that, by itself or in combination with other substances found in water, would have the effect of altering the quality of any water to which the substance is added to an extent that is detrimental to its use by people or by any animal, fish or plant, or any water that would have that effect because of the quantity or concentration of the substances contained in it or because it has been treated or changed, by heat or other means, and includes (a) any substance or water that, for the purposes of the Canada Water Act, is deemed to be waste; (b) any substance or class of substances specified by the regulations; (c) water containing any substance or class of substances in a quantity or concentration that is equal to or greater than that prescribed by the regulations; and (d) water that has been subjected to a treatment or change described by the regulations. (déchet) waters means inland waters, whether in a liquid or solid state, on or below the surface of land. (eaux) 2002, c. 10, ss. 4, 200; 2013, c. 14, s. 5; 2015, c. 19, s. 41. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters Scope and Application Sections 5-9 Scope and Application Other Acts 5 Nothing in this Part, the regulations or a licence authorizes a person to contravene any other Act of Parliament or a regulation or order made under any other Act of Parliament. Rights preserved 6 Nothing in this Part, the regulations or a licence constitutes a defence to a claim for loss or damage sustained by any person by reason of the construction or operation of any work forming part of an appurtenant undertaking. Her Majesty Binding on Her Majesty 7 This Part is binding on Her Majesty in right of Canada or a province, except that Her Majesty in right of Canada is not required to pay any fee prescribed by the regulations. Waters vested in Her Majesty 8 (1) Subject to any rights granted by or under any other Act of Parliament in respect of waters in Nunavut, the property in and the right to the use of all waters in Nunavut are vested in Her Majesty in right of Canada. Rights of designated Inuit organization (2) Despite subsection (1), the designated Inuit organization has, in respect of waters in Nunavut, the rights that are provided in the Agreement, including the exclusive right to the use of water on, in, or flowing through Inuitowned land and the right to have water flow through that land substantially unaffected in quality, quantity and flow. Delegation and Agreements Delegation to territorial minister 9 The Minister may, in writing, delegate to the territorial minister responsible for water resources any of the Minister’s functions under sections 14, 16, 17, 19 and 21, subsection 55(5), section 56, subsection 77(1) and section 84, either generally or as otherwise provided in the instrument of delegation, except that the delegation cannot abrogate or derogate from any rights of Inuit under the Agreement. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters Delegation and Agreements Sections 10-12 Agreements with provinces 10 The Minister and the territorial minister responsible for water resources shall, with the assistance of the Board, use their best efforts to negotiate an agreement, subject to any agreement entered into under section 5 or 11 of the Canada Water Act, with a provincial government providing for the management of any waters situated partially in Nunavut and partially in a province, or flowing between Nunavut and a province. The Minister shall not enter into an agreement without the approval of the Governor in Council. Prohibitions Use of waters 11 (1) Subject to subsection (2), no person shall use, or permit the use of, waters in Nunavut except in accordance with the conditions of a licence. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed use of waters that is authorized by the regulations; (b) the use of waters (i) for a domestic purpose, or (ii) for the purpose of extinguishing a fire or, on an emergency basis, controlling or preventing a flood; or (c) the use of waters in a national park. Duties in certain cases (3) Where a person diverts waters for a purpose referred to in subparagraph (2)(b)(ii), the person shall, when the need for the diversion has ceased, discontinue the diversion and, in so far as possible, restore the waters to their original channel. Deposit of waste 12 (1) Subject to subsection (2) and except in accordance with the conditions of a licence, no person shall deposit or permit the deposit of waste (a) in waters in Nunavut; or (b) in any other place in Nunavut under conditions in which the waste, or any other waste that results from Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters Prohibitions Sections 12-14 the deposit of that waste, may enter waters in Nunavut. Exceptions (2) Subsection (1) does not apply in respect of (a) any unlicensed deposit of waste that is authorized by the regulations; or (b) the deposit of waste in a national park. Duty to report deposits (3) Where waste is deposited in contravention of this section, every person who owns or has the charge, management or control of the waste, or who caused or contributed to the deposit, shall, subject to the regulations, without delay report the deposit to an inspector. Compensation Right to compensation 13 (1) Except as otherwise provided by a compensation agreement referred to in this Part, a person, including the designated Inuit organization, who is adversely affected by a licensed use of waters or deposit of waste, or by an unlicensed use of waters or deposit of waste authorized by the regulations, is entitled to be compensated in respect of that adverse effect by the licensee or the person so authorized and to recover the compensation in any court of competent jurisdiction. Limitation (2) A person, including the designated Inuit organization, is entitled to recover compensation under subsection (1) only to the extent that the person is not paid compensation under any other provision of this Part in respect of the adverse effect. DIVISION 1 Nunavut Water Board Establishment and Organization of Board Establishment of Board 14 (1) There is hereby established the Nunavut Water Board, the members of which are to be appointed by the Minister. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Establishment and Organization of Board Sections 14-17 Number of members (2) Subject to sections 16 and 17, the Board consists of nine members, including the Chairperson. Proportions (3) The following rules apply to the appointment of members, other than the Chairperson: (a) one half of the members shall be appointed on the nomination of the designated Inuit organization; and (b) one quarter of the members shall be appointed on the nomination of (i) the territorial minister responsible for renewable resources, and (ii) the territorial minister or ministers designated, by an instrument of the Executive Council of Nunavut, for the purposes of this paragraph. Appointment of Chairperson (4) The Chairperson shall be appointed after consultation with the other members. Term of office 15 (1) A member of the Board shall be appointed to hold office for a term of three years. Acting after expiry of term (2) If the term of a member expires before the member has made a decision in a matter for which a public hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement. Additional members 16 Additional members may be appointed to the Board for the performance of a specified purpose, or for a term of less than three years, in the manner and the proportions provided by subsection 14(3). Inuit of northern Quebec 17 (1) During any period preceding the ratification by the parties of an agreement to settle the offshore land claims of the Inuit of northern Quebec, the Minister shall appoint, on the nomination of Makivik, a number of substitute members of the Board equal to one-half the number appointed on the nomination of the designated Inuit organization. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Establishment and Organization of Board Sections 17-22 Role of substitute members (2) In respect of licensing decisions of the Board that apply to any area of equal use and occupancy described in Schedule 40-1 to the Agreement, the substitute members shall act in the place of such members appointed on the nomination of the designated Inuit organization as are identified by the Minister, after consultation with that organization, at the time of the appointment of the substitute members. Term (3) Subject to subsection 15(2), the term of a substitute member is three years, except that the term of that member expires on the ratification referred to in subsection (1). Status of substitute members (4) Substitute members shall not be considered to be members, except in respect of decisions referred to in subsection (2). Oath of office 18 Before taking up their duties, members of the Board shall take and subscribe the oath of office set out in Schedule 2 before a person authorized by law to administer oaths. Removal 19 Any member of the Board may be removed for cause, but before a member who was nominated by the designated Inuit organization, Makivik or the territorial ministers is removed, the Minister shall consult the designated Inuit organization, Makivik or the territorial ministers, as the case may be. Reappointment 20 A member is eligible to be reappointed to the Board in the same or another capacity. Vacancies 21 Where the office of a member becomes vacant, the Minister shall, without delay, appoint a new member to that office, and if the vacancy occurs during the term of a member, a replacement shall be appointed only for the remainder of that term. Duties of Chairperson 22 The Chairperson is the chief executive officer of the Board and has such powers, duties and functions as are prescribed by the rules or by-laws of the Board. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Establishment and Organization of Board Sections 23-25 Conflict of interest 23 (1) No member of the Board may participate in a decision on a matter in which that member has a material conflict of interest. Status of Inuk or interest in land (2) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut. Remuneration and expenses 24 (1) The members of the Board shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Languages Language of business 25 (1) The Board shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, in Inuktitut. Public hearings (2) The Board shall conduct public hearings in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by a member, an applicant or an intervenor, in Inuktitut. Translation or interpretation (3) Nothing in subsection (1) or (2) shall be construed to prevent the use of translation or interpretation services where a member is otherwise unable to conduct business in Inuktitut or in either official language. Witnesses (4) The Board has, in any proceedings before it, the duty to ensure that any person giving evidence before it may Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Languages Sections 25-29 be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages. Head Office and Meetings Head office 26 The head office of the Board shall be at Gjoa Haven or at such other place in Nunavut as the Governor in Council may designate. Business meetings 27 (1) The Board shall ordinarily hold its meetings in Nunavut. Participation by telephone (2) Subject to the rules and by-laws of the Board, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting. Status and General Powers Status 28 (1) The Board is an institution of public government but is not an agent of Her Majesty. Property and contracts (2) The Board may, for the purposes of conducting its business, (a) acquire property in its own name and dispose of the property; and (b) enter into contracts in its own name. Legal proceedings (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Board may be brought or taken by or against the Board in its name in any court that would have jurisdiction if the Board were a corporation. Panels 29 (1) The Board may establish panels of the Board and delegate any of its powers, duties and functions to them. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Status and General Powers Sections 29-32 Composition (2) Every panel shall consist of equal numbers of members appointed to the Board on the nomination of the designated Inuit organization or Makivik, as the case may be, and other members. Staff 30 The Board may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business, and may fix the terms and conditions of their employment or engagement and pay their remuneration. Indemnification of Board members and employees 31 The members and employees of the Board shall be indemnified by the Board against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Board. Financial Provisions Annual budget 32 (1) The Board shall annually submit a budget for the following fiscal year to the Minister for consideration. Accounts (2) The Board shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (3) The Board shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Board shall be audited annually by the auditor of the Board and, where the Minister requests, the Auditor General of Canada. The auditor and, where applicable, the Auditor General of Canada shall make a report of the audit to the Board and the Minister. 2002, c. 10, s. 32; 2017, c. 26, s. 62. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Rules and By-laws Sections 33-34 Rules and By-laws Powers of Board 33 (1) The Board may make rules and by-laws respecting the conduct and management of its business. Principles to be applied (2) The Board shall apply the following principles when making rules or by-laws for the conduct of public hearings: (a) the admission of evidence that would not normally be admissible under strict rules of evidence shall be allowed, and appropriate weight shall be given to such evidence; (b) due regard and weight shall be given to Inuit culture, customs and knowledge; and (c) procedural fairness shall be observed. Non-application of Statutory Instruments Act (3) Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of rules and by-laws of the Board. Pre-publication 34 (1) The Board shall give notice at least sixty days in advance of making any rule or by-law about practice and procedure for applications and hearings before it by (a) publishing the proposed rule or by-law in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule or by-law to the council of each municipality in Nunavut. Representations invited (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Board about the proposed rule or by-law within sixty days after publication of the notice. Response to representations (3) The Board may not make the rule or by-law until after it has responded to any representations made within the time limit referred to in subsection (2). Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Rules and By-laws Sections 34-37 Exception (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule or by-law that results from representations made by interested persons. Publication (5) As soon as possible after the rule or by-law has been made, the Board shall (a) publish it in a newspaper or other periodical that, in the opinion of the Board, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule or by-law has been made, indicating the newspaper or periodical in which it has been published. Objects of Board and Its Relationship with Other Bodies Objects 35 The objects of the Board are to provide for the conservation and utilization of waters in Nunavut, except in a national park, in a manner that will provide the optimum benefit from those waters for the residents of Nunavut in particular and Canadians in general. Land use plans 36 (1) The Board shall contribute fully to the development of land use plans so far as they concern waters in Nunavut, by providing recommendations to the Nunavut Planning Commission. Review by Nunavut Planning Commission (2) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Planning Commission’s review of projects under sections 76 to 85 of the Nunavut Planning and Project Assessment Act for conformity with any applicable land use plans approved under subsection 55(1) of that Act. 2002, c. 10, s. 36; 2013, c. 14, s. 6. Screening and review of projects 37 (1) In order to avoid unnecessary duplication and to ensure that projects are dealt with in a timely manner, the Board shall cooperate and coordinate its consideration of applications with the Nunavut Impact Review Board or any federal environmental assessment panel or joint panel established under subsection 115(1) or Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Objects of Board and Its Relationship with Other Bodies Sections 37-38 paragraph 160(1)(a) or (b) of the Nunavut Planning and Project Assessment Act in relation to the screening of projects by that Board and the review of projects by that Board or panel. Joint hearings (2) The Board may, in lieu of conducting a separate public hearing in respect of a licence in connection with a project for which a public hearing is to be held by the Nunavut Impact Review Board or the panel referred to in subsection (1), as the case may be, conduct, in relation to the project, a joint hearing with that Board or panel or participate in the hearing of that Board or panel. 2002, c. 10, s. 37; 2013, c. 14, s. 7. Restriction on powers 38 (1) The Board may not issue, renew or amend a licence to use waters or deposit waste in relation to a use or deposit, or appurtenant undertaking, that is a project within the meaning of subsection 2(1) of the Nunavut Planning and Project Assessment Act if (a) the assessment of the project under Part 3 of that Act has not been completed; (b) the assessment of the project has been terminated under subsection 141(2), 142(2), 143(4) or (6) or 144(3) of that Act; (c) the Nunavut Planning Commission has determined, under section 77 of that Act, that the project is not in conformity with any applicable land use plan, and no minor variance or exemption has been granted in respect of the project under paragraph 81(2)(a) or 82(2)(a) of that Act, as the case may be; (d) the responsible Minister, within the meaning of subsection 73(1) of that Act, has decided that the project could be modified and an amended project proposal submitted to the Nunavut Planning Commission, or that it is not to proceed; or (e) the responsible authority, within the meaning of section 163 of that Act, has determined, under section 165 of that Act, that the project is not in conformity with the requirements set out by or under any law for which it has responsibility. Exception (2) Despite paragraph (1)(a), the Board may issue, renew or amend a licence in relation to exploration or developmental activities referred to in subsection 154(1) of the Nunavut Planning and Project Assessment Act or Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 1 Nunavut Water Board Objects of Board and Its Relationship with Other Bodies Sections 38-42 exploration or development activities referred to in paragraph 155(1)(a) or (b) of that Act. Non-renewal, etc. (3) Licences issued under subsection (2) must not be renewed or amended if the responsible Minister, as defined in subsection 73(1) of the Nunavut Planning and Project Assessment Act, has come to a decision under Part 3 of that Act that the project to which the activities in question relate either is not to proceed or could be modified and an amended project proposal submitted to the Commission or the responsible authority within the meaning of section 163 of that Act, as the case may be. 2002, c. 10, s. 38; 2013, c. 14, s. 8. 39 [Repealed, 2013, c. 14, s. 8] Other water authorities 40 Where the use of waters or the deposit of waste that is the subject of an application to the Board would have a significant impact on a use of waters or a deposit of waste in a national park or any place outside Nunavut, the Board may collaborate with any body exercising powers of water management for that park or place. Marine areas 41 The Board may, either jointly with the Nunavut Planning Commission, the Nunavut Impact Review Board and the Nunavut Wildlife Management Board, as established by the Agreement, acting as the Nunavut Marine Council referred to in section 15.4.1 of the Agreement, or on its own, advise and make recommendations respecting any marine area to any department or agency of the Government of Canada or the Government of Nunavut, and those governments shall consider that advice and those recommendations when making any decision that may affect that marine area. DIVISION 2 Licences General Rules Issuance 42 (1) Subject to this Act and on application, the Board may issue the appropriate licence. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences General Rules Sections 42-43.1 Exception (2) The Board may not issue a licence in respect of a use of waters described in paragraph 11(2)(b) or (c) or a deposit of waste described in paragraph 12(2)(b). Refusal to issue licence (3) The Board may not refuse to issue a licence merely because the regulations authorize the use of waters or the deposit of waste without a licence. Renewal, amendment and cancellation 43 (1) Subject to this Act, the Board may (a) on application by the licensee, renew a licence, with or without changes to the conditions of the licence; (b) amend, for a specified term or otherwise, any condition of a licence (i) on application by the licensee, (ii) to deal with a water shortage, or (iii) where the Board considers the amendment to be in the public interest; and (c) cancel a licence (i) on application by the licensee, (ii) where the licensee, for three successive years, fails to exercise the licensee’s rights under the licence, or (iii) where the Board considers the cancellation to be in the public interest. Renewal and amendment (2) Sections 57 to 76 apply in relation to the renewal or amendment of a licence. Notice — on Board’s initiative 43.1 (1) The Board shall give notice of its intention to consider, on its own initiative, the amendment of a condition of a licence under subparagraph 43(1)(b)(ii) or (iii) or the cancellation of a licence under subparagraph 43(1)(c)(ii) or (iii), by publishing a notice on its Internet site, in the public registry, in the Canada Gazette or in a newspaper or other periodical that, in its opinion, has a large circulation in Nunavut. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences General Rules Sections 43.1-47 Exception (2) Subsection (1) does not apply if the Board, with the consent of the Minister, declares the amendment or the cancellation to be required on an emergency basis. 2015, c. 19, s. 42. Assignment of licences 44 (1) A sale or other disposition by a licensee of any right, title or interest in an appurtenant undertaking constitutes, subject to the authorization of the Board, an assignment of the licence to the person to whom the sale or other disposition is made. Authorization of assignment (2) The Board shall, on application, authorize the assignment of a licence if it is satisfied that the assignment and the operation of the appurtenant undertaking would not be likely to result in a contravention of any condition of the licence or any provision of this Part or the regulations. Licence not otherwise assignable (3) Except as provided in this section, a licence is not assignable. Term of licence 45 The term of a licence or any renewal shall not exceed (a) 25 years, in the case of a type A licence respecting a class of appurtenant undertakings that is prescribed by the regulations or in the case of a type B licence; or (b) the anticipated duration of the appurtenant undertaking, in the case of a type A licence other than one described in paragraph (a). 2002, c. 10, s. 45; 2015, c. 19, s. 43. Expiry or cancellation 46 The expiry or cancellation of a licence does not relieve the holder from any obligations imposed by the licence. Precedence 47 Subject to section 62, where two persons hold licences or other authorizations to use waters issued by any authority responsible for the management of waters in the Northwest Territories or in Nunavut, the person who first applied is entitled to the use of the waters in accordance with that person’s licence or authorization in precedence to the other person. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Applications in Relation to Licences Sections 48-49 Applications in Relation to Licences Requirements 48 (1) An application in relation to a licence shall contain the information and be in the form required by the rules or by-laws of the Board, and be accompanied by the fees required by the regulations. Information and studies to be provided to Board (2) An application, except in relation to a cancellation, shall be accompanied by the information and studies concerning the use of waters or the deposit of waste that are required for the Board to evaluate the qualitative and quantitative effects of the use or the deposit on waters. Guidelines for applicant (3) On the filing of an application, the Board may provide guidelines to the applicant respecting the information to be provided by the applicant in respect of any matter that the Board considers relevant, including the following: (a) the description of the use of waters, deposit of waste or appurtenant undertaking, as the case may be; (b) the qualitative and quantitative effects of the use of waters or the deposit of waste on the drainage basin where the use is to be undertaken or the deposit is to be made, and the anticipated impact of the use or deposit on other users; (c) the measures the applicant proposes to take to avoid or mitigate any adverse impact of the use of waters or the deposit of waste; (d) the measures the applicant proposes to take to compensate persons, including the designated Inuit organization, who are adversely affected by the use of waters or the deposit of waste; (e) the program the applicant proposes to undertake to monitor the impact of the use of waters or the deposit of waste; (f) the interests in and rights to lands and waters that the applicant has obtained or seeks to obtain; and (g) the options available for the use of waters or the deposit of waste. Delegation 49 The Board may delegate to its chief administrative officer the power Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Applications in Relation to Licences Sections 49-52 (a) to issue, amend, renew or cancel a licence in relation to which no public hearing is required; and (b) to authorize, in accordance with subsection 44(2), the assignment of a licence. Procedure Standing 50 In the exercise of its functions in relation to applications, the Board shall accord full standing to the following: (a) Tunngavik, or any other Organization, within the meaning of section 1.1.1 of the Agreement, designated by Tunngavik, to make representations on behalf of the Inuit of Nunavut; (b) Makivik to make representations respecting the interests of the Inuit of northern Quebec in relation to islands and marine areas of the Nunavut Settlement Area traditionally used and occupied by those Inuit; (c) the councils of the Fort Churchill Indian Band and Northlands Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use; and (d) the councils of the Black Lake Indian Band, Hatchet Lake Indian Band and Fond du Lac Indian Band to make representations respecting their interests in relation to the areas that those bands have traditionally used and continue to use. The Board shall take the representations into account. Applications determined summarily 51 (1) Applications in relation to licences for which no public hearing is required shall be dealt with summarily by the Board. Exception (2) Notwithstanding subsection (1), the Board may, where satisfied that it would be in the public interest to do so, hold a public hearing in connection with any matter relating to its objects. Public hearing required 52 (1) Subject to subsection 37(2), a public hearing shall be held by the Board before it disposes of Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Procedure Sections 52-55 (a) any application in relation to a licence, unless the application is of a class that is exempted by the regulations from the requirement of a public hearing; and (b) an application for permission to expropriate under section 77. Exception (2) A public hearing need not be held (a) if the applicant or licensee consents in writing to the disposition of a matter without a public hearing, provided that no other person informs the Board by the tenth day before the day of the proposed hearing of the person’s intention to make representations; (b) before an application is rejected under subsection 38(2); or (c) in the case of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis. Place of hearing 53 A public hearing that is held by the Board shall take place in the community or communities within Nunavut most affected by the application before the Board. Powers at hearings 54 The Board has, in respect of public hearings, the powers of a commissioner appointed under Part I of the Inquiries Act. Notice of applications 55 (1) The Board shall give notice of every application in relation to a licence to the council of each municipality in the area affected by the application and shall publish the notice in a newspaper of general circulation in the area affected or, if there is no such newspaper, in such other manner as the Board considers appropriate. The notice shall invite interested persons to make representations within a specified period and shall advise them of the consequences, as provided in section 59 and subsection 60(2), of any failure to respond to the notice. Notice of hearings (2) Where the Board decides or is required under this Part to hold a public hearing, it shall give notice, in the manner described in subsection (1), at least sixty days before the commencement of the hearing, of the place, date and time of the hearing. The place, date and time of the hearing shall be chosen and the notice published by Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Procedure Sections 55-55.2 the Board in a manner that promotes public awareness and participation in that hearing. Communication of information (3) Where a public hearing is held in relation to an application, the information provided to the Board in relation to the application shall be made available to the public within a reasonable period of time before the commencement of the hearing. Where public hearing not held (4) Where a public hearing is not held in relation to an application, the Board shall not act on the application until at least thirty days after notice of the application has been published under subsection (1) unless, in the opinion of the Board, there are urgent circumstances that justify the Board acting on that application in a shorter period, but that shorter period shall not be less than ten days. Exception (5) Subsections (1) and (4) do not apply in respect of an application for the amendment of a licence where the Board, with the consent of the Minister, declares the amendment to be required on an emergency basis. Time Limits Authority to Act Authority and validity 55.1 The failure of the Minister or the Board to exercise a power or perform a duty or function within a period provided for under this Part does not terminate their authority to do so nor does it invalidate any document prepared or submitted or any decision or action taken in the exercise or performance of their powers, duties or functions. 2015, c. 19, s. 44. Decisions by Board and Approvals Type A licence and type B licence if public hearing held 55.2 In the case of an application for the issuance, renewal or amendment of a type A licence, or a type B licence in connection with which a public hearing is held, or in the case where the Board intends to consider, on its own initiative, the amendment of such a licence, the Board, subject to section 55.31, shall make a decision within a period of nine months after the day on which the application is made or on which notice of the Board’s intention is published under subsection 43.1(1). 2015, c. 19, s. 44. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Time Limits Sections 55.3-55.5 Day on which application is made 55.3 An application is considered to be made on the day on which the Board is satisfied that the application meets all the requirements under subsections 48(1) and (2). 2015, c. 19, s. 44. Calculation of Time Limit Commencement of time limit 55.31 If the Board is cooperating and coordinating with the Nunavut Planning Commission under subsection 36(2) or with the Nunavut Impact Review Board, a federal environmental assessment panel or a joint panel under subsection 37(1), the time limit referred to in section 55.2 does not begin to run until the Nunavut Planning Commission, Nunavut Impact Review Board, federal environmental assessment panel or joint panel, as the case may be, has completed its screening or review of the project. 2015, c. 19, ss. 44, 55. Excluded period — information or studies required 55.4 If the Board requires an applicant or a licensee to provide information or studies, the period that, in the Board’s opinion, is taken by the applicant or licensee to comply with that requirement is not included in the calculation of the time limit under section 55.2 or its extension. 2015, c. 19, s. 44. Suspension of time limit 55.5 The Board may suspend the time limit referred to in section 55.2 or its extension (a) if the Board ceases to process or rejects an application under section 38 or 39, until it resumes processing the application; (b) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 58(b) or to enter into a compensation agreement referred to in paragraph 58(c), until the requirements of paragraph 58(b) or (c), as the case may be, are met; (c) if the Board determines that an applicant is required to pay the compensation referred to in paragraph 60(1)(a) or to enter into a compensation agreement referred to in paragraph 60(1)(b), until the requirements of paragraph 60(1)(a) or (b), as the case may be, are met; (d) if the Board determines that an applicant is required to enter into a compensation agreement referred to in paragraph 63(1)(a) or to pay the Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Time Limits Sections 55.5-56 compensation referred to in paragraph 63(1)(b), until the requirements of paragraph 63(1)(a) or (b), as the case may be, are met; or (e) if the Board receives notice under subsection 78(1) or 79.2(1) of the Mackenzie Valley Resource Management Act, until the requirements of subsection 78(3) or 79.2(3) of that Act, as the case may be, have been met. 2015, c. 19, s. 44. Extensions Extension of time limit by Minister 55.6 (1) The Minister may, at the request of the Board, extend the time limit referred to in section 55.2 by a maximum of two months to take into account circumstances that are specific to the issuance, renewal or amendment of the licence. Extension of time limit by Governor in Council (2) The Governor in Council may, by order, on the recommendation of the Minister, further extend the time limit any number of times by periods of any length. 2015, c. 19, s. 44. Conditions of Issuance Referral to Minister for approval 56 (1) The Board’s decision with respect to the issuance, amendment, renewal or cancellation of a type A licence or, if a public hearing is held, a type B licence is to be immediately referred to the Minister for approval. Reasons (2) Within 45 days after the Minister receives a licence that has been issued, amended or renewed or a notice of cancellation of a licence, the Minister shall make a decision on whether to approve the issuance, amendment, renewal or cancellation of the licence and, if the decision is not to approve, give written reasons for the decision. Extension (2.1) The Minister may extend the 45 days referred to in subsection (2) for a further consecutive forty five days, for a total of 90 days, by notifying the Board of the extension within the first 45 days. Absence of decision (2.2) If the Minister does not make a decision within the forty five or ninety days referred to in subsection (2) or (2.1) respectively, whichever is applicable, the Minister is Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Conditions of Issuance Sections 56-57 deemed to have approved the issuance, amendment, renewal or cancellation, as the case may be. Limitation (3) The disagreement of the Minister with the amount of compensation determined under paragraph 63(1)(b) is not sufficient reason for the Minister to withhold approval in respect of a licence for a use of waters or deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land. Copies of decisions to parties (4) The Minister shall send a copy of the Minister’s decision and, in the case of a decision to withhold approval, the reasons for the decision (a) to the Board; (b) to the applicant or licensee; (c) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and (d) to any other person with a right to compensation under section 58 or 60. 2002, c. 10, s. 56; 2015, c. 19, s. 45. Conditions for issuance of licence 57 The Board may not issue a licence unless the applicant satisfies the Board that (a) any waste produced by the appurtenant undertaking will be treated and disposed of in a manner that is appropriate for the maintenance of the water quality standards and effluent standards that are prescribed by the regulations or, in the absence of such regulations, that the Board considers acceptable; and (b) the financial responsibility of the applicant, taking into account the applicant’s past performance, is adequate for (i) the completion of the appurtenant undertaking, (ii) such measures as may be required in mitigation of any adverse impact, and (iii) the satisfactory maintenance and restoration of the site in the event of any future closing or abandonment of that undertaking. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Conditions of Issuance Sections 58-60 Compensation of existing users 58 The Board may not issue a licence unless the applicant, with respect to any person, other than an instream user, who would be entitled to use waters in precedence to the applicant under section 47, (a) satisfies the Board that the use of waters or the deposit of waste would have no adverse effects on the use of waters by that person; (b) satisfies the Board that any adverse effects caused by the use of waters or the deposit of waste would not be significant, and has paid or undertaken to pay the compensation that the Board considers appropriate to that person; or (c) has entered into an agreement to compensate that person for any adverse effects. Failure to respond 59 In the circumstances described in paragraph 58(b), an applicant need not compensate the person under section 58 if the person fails to respond to the notice of application given under subsection 55(1) within the time period specified in the notice for making representations to the Board. Compensation of other users 60 (1) The Board may not issue a licence unless (a) the applicant satisfies the Board that compensation that the Board considers appropriate has been or will be paid by the applicant to any person who would be adversely affected by the proposed use of waters or deposit of waste and who, at the time the application was filed, (i) used waters for a domestic purpose in the Northwest Territories or in Nunavut, (ii) held a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories to deposit waste in the Northwest Territories or in Nunavut, (iii) was an instream user in the Northwest Territories or in Nunavut, (iv) was — as authorized by regulations made under this Act or a law of the Legislature of the Northwest Territories — using waters or depositing waste in the Northwest Territories or in Nunavut without a licence that was issued under this Act, the Mackenzie Valley Resource Management Act or a law of the Legislature of the Northwest Territories, Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Conditions of Issuance Sections 60-61 (v) was an owner or an occupier of land in the Northwest Territories or in Nunavut, or (vi) was a holder of an outfitting concession, a registered trapline or other rights of a similar nature in the Northwest Territories or in Nunavut; or (b) the applicant has entered into an agreement to compensate any person described in subparagraphs (a)(i) to (vi) who would be adversely affected. Failure to respond (2) Subsection (1) does not apply in respect of a person referred to in that subsection who fails to respond to the notice of application given under subsection 55(1) within the time period specified in that notice for making representations to the Board. Inuit-owned land (3) Where subsection 63(1) applies in respect of adverse effects on any person described in subparagraphs (1)(a)(i) to (vi) that are caused by a use of waters or a deposit of waste that may substantially alter the quality, quantity or flow of waters flowing through Inuit-owned land, subsection (1) does not apply in respect of those effects for which compensation has already been paid, has been agreed to be paid or has been determined by the Board pursuant to subsection 63(1). 2002, c. 10, s. 60; 2014, c. 2, s. 53. Factors in determining compensation 61 In determining whether compensation is appropriate for the purpose of paragraph 58(b) or subsection 60(1), the Board shall consider all relevant factors, including (a) provable loss or damage; (b) potential loss or damage; (c) any adverse effect on the quality, quantity or flow of waters; (d) the extent of the use of waters by persons who would be adversely affected; (e) any nuisance, inconvenience or disturbance, including noise; and Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Conditions of Issuance Sections 61-64 (f) the cumulative effects of the use of waters or deposits of waste proposed by the applicant and any existing uses of waters and deposits of waste. Inuit-owned Land Priority of use 62 In relation to Inuit-owned land, any existing use of waters by Inuit has priority over any licensed use or deposit of waste by any person who has a mineral right. Compensation agreements 63 (1) The Board shall not issue a licence in respect of a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuit-owned land, unless (a) the applicant has entered into an agreement with the designated Inuit organization to pay compensation for any loss or damage that may be caused by the change; or (b) where there is no agreement referred to in paragraph (a), the Board has, on the request of the applicant or the designated Inuit organization, made a determination of the appropriate compensation. Payment of compensation (2) The payment of compensation referred to in paragraph (1)(b) shall be a condition of the licence. Costs (3) Unless otherwise determined by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in paragraph (1)(b) shall be paid by the applicant. Use outside Nunavut 64 (1) On request by the designated Inuit organization or a person who has applied to the water authority responsible for the management of waters outside Nunavut, but within the Northwest Territories, for a licence or other authorization in relation to a use of waters or a deposit of waste that may substantially affect the quality, quantity or flow of waters flowing through Inuitowned land, the Board shall collaborate with that authority to reach a joint determination on the compensation to be paid. Costs (2) Unless determined otherwise by the Board, costs incurred by the designated Inuit organization as a result of a request referred to in subsection (1) shall be paid by the applicant. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Inuit-owned Land Sections 65-68 Interpretation 65 For greater certainty, sections 63 and 64 apply where a body of water delineates a boundary between Inuitowned land and other land and that body of water is not located entirely on Inuit-owned land. Negotiation to be in good faith 66 A request referred to in paragraph 63(1)(b) or subsection 64(1) shall not be considered by the Board unless the requester has negotiated in good faith and has been unable to reach an agreement. Factors in determining compensation 67 (1) For the purpose of determining compensation under paragraph 63(1)(b) and subsection 64(1), the Board shall take into account the following factors: (a) the adverse effects of the change in the quality, quantity or flow of waters on Inuit-owned land; (b) the nuisance, inconvenience or disturbance, including noise, caused by the change; (c) the cumulative effects of the change and of any existing uses of waters and deposits of waste; (d) the cultural attachment of Inuit to the affected Inuit-owned land, including waters; (e) the peculiar and special value of the affected Inuitowned land, including waters; and (f) any interference with Inuit rights derived from the Agreement or otherwise. Periodic review and payment (2) Unless otherwise agreed by the designated Inuit organization and the applicant, where the Board has made a determination of compensation under paragraph 63(1)(b) or subsection 64(1), the Board shall provide, where the nature and duration of the use or deposit of waste warrant it, for the periodic review and periodic payment of that compensation. National parks in Nunavut 68 Sections 63 and 65 to 67 apply in respect of a use of waters or a deposit of waste that is within the jurisdiction of the authority responsible for the management of waters in a national park in Nunavut and (a) any reference in those provisions, except paragraph 63(1)(b), to the Board is deemed to be a reference to that authority; and Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Inuit-owned Land Sections 68-70 (b) any reference in section 63 to a licence is deemed to be a reference to an authorization to use waters or deposit waste given by the authority. Mackenzie Valley Gwich’in Sahtu lands 69 Where the Board has been notified under subsection 78(1) of the Mackenzie Valley Resource Management Act, it may not issue a licence for a use of waters or deposit of waste referred to in that subsection unless the requirements of subsection 78(3) of that Act are satisfied. Conditions of Licences Powers of Board 70 (1) Subject to this Act and the regulations, the Board may include in a licence any conditions that it considers appropriate, including conditions relating to (a) the manner in which waters may be used; (b) the quantity, concentration and types of waste that may be deposited and the manner of depositing waste; (c) the studies to be undertaken, works to be constructed, plans, including contingency plans, to be submitted, and monitoring programs to be undertaken; and (d) any future closing or abandonment of the appurtenant undertaking. Monitoring programs (2) The monitoring programs referred to in paragraph (1)(c) may specify responsibilities of the applicant, the Nunavut Impact Review Board or Her Majesty in right of Canada. Terms and Conditions (3) The Board shall, to the extent of its jurisdiction and authority under this Act to do so, incorporate the terms and conditions referred to in subsection 136(1) of the Nunavut Planning and Project Assessment Act in a licence that is issued in respect of the use of waters or deposit of waste or the appurtenant undertaking to which that use or deposit relates. 2002, c. 10, s. 70; 2013, c. 14, s. 9. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Conditions of Licences Sections 71-76 Purpose of conditions 71 In fixing the conditions of a licence, the Board shall make all reasonable efforts to minimize (a) any adverse effects of the licensed use of waters or deposit of waste on aquatic ecosystems and on the persons who are entitled to be paid compensation under section 58 or 60; (b) any interference by any person referred to in section 62 with the existing use of waters by the Inuit, whether that use is or is not licensed; and (c) any loss or damage described in section 63. Conditions of waste deposit 72 The conditions in a licence relating to the deposit of waste in waters shall (a) be based on the water quality standards prescribed for those waters by the regulations, if any; and (b) be at least as stringent as the effluent standards prescribed for those waters by the regulations, if any. Regulations under Fisheries Act 73 Where the Board issues a licence in respect of any waters to which regulations made under subsection 36(5) of the Fisheries Act apply, any conditions in the licence relating to the deposit of waste in those waters shall be at least as stringent as the conditions prescribed by those regulations. Conditions relating to design of works 74 A licence shall include conditions that are at least as stringent as any standards prescribed by the regulations for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings. Licence conditions deemed amended 75 Where regulations referred to in sections 72 to 74 are made or amended after the issuance of a licence, the conditions of the licence are from that time deemed to be amended to the extent, if any, necessary in order to comply, or remain in compliance, with those sections. Security Security 76 (1) The Board may require an applicant, a licensee or a prospective assignee to furnish and maintain security with the Minister in the form, of the nature, subject to such terms and conditions and in an amount prescribed Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Security Sections 76-76.1 by, or determined in accordance with, the regulations or that is satisfactory to the Minister. Application of security (2) The security provided by a licensee may be applied by the Minister (a) to compensate, fully or partially, a person, including the designated Inuit organization, who is entitled to compensation under section 13 and who has been unsuccessful in recovering that compensation, if the Minister is satisfied that the person has taken all reasonable measures to recover it; and (b) to reimburse Her Majesty in right of Canada, fully or partially, for reasonable costs incurred by Her Majesty in right of Canada under subsection 87(4) or, subject to subsection (3), under subsection 89(1). Limitation (3) Paragraph (2)(b) applies in respect of costs incurred under subsection 89(1) only to the extent that the costs were incurred in relation to a contravention referred to in subparagraph 89(1)(b)(i). Limitation of security (4) The amount of the security applied by the Minister under subsection (2) in respect of a particular incident or matter may not exceed the total amount of the security required to be furnished and maintained by the licensee under subsection (1). Refund of security (5) Where the Minister is satisfied that an appurtenant undertaking has been permanently closed or permanently abandoned or the licence has been assigned, any portion of the security that, in the Minister’s opinion, will not be applied under subsection (2) shall be returned to the licensee without delay. Arrangements relating to security 76.1 (1) If a licence is in respect of an appurtenant undertaking that is situated, partially or wholly, on Inuitowned land, the Minister may enter into a written arrangement with the designated Inuit organization and the applicant, licensee or prospective assignee of the license that provides for (a) the amount of security to be furnished and maintained by the applicant, licensee or prospective assignee, as well as the form and nature and any conditions of the security, for the purpose mentioned in paragraph 76(2)(b) or for the purpose of reimbursing Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Security Sections 76.1-77 the designated Inuit organization for the costs specified in the arrangement; and (b) the periodic review of the security, including by taking into account any material changes to the undertaking or the risk of environmental damage, and the adjustment of the amount of the security as a result of the review. Copy of arrangement to be provided to Board (2) The Minister shall, as soon as possible after entering into the written arrangement described in subsection (1), provide a copy of it to the Board. Arrangement to be taken into account under subsection 76(1) (3) The Board shall take into account the written arrangement when it determines the amount of the security required to be furnished and maintained by the applicant, licensee or prospective assignee under subsection 76(1). 2015, c. 19, s. 46. Expropriation Permission to expropriate 77 (1) An applicant for a licence, or a licensee, may apply to the Board for permission from the Minister to expropriate, in accordance with the Expropriation Act, land or an interest in land in Nunavut, and the Minister may grant that permission where the Minister, on the recommendation of the Board, is satisfied that (a) the land or interest is reasonably required in relation to an appurtenant undertaking by the applicant or licensee; (b) the applicant or licensee has been unable to acquire the land or interest despite reasonable efforts to do so; and (c) it is in the public interest that such permission be granted. Notice to appropriate minister (2) Where the Minister grants permission under subsection (1), the applicant or licensee shall so advise the appropriate minister in relation to Part I of the Expropriation Act. Expropriation Act (3) For the purposes of the Expropriation Act, land or an interest in land in respect of which the Minister has granted permission to expropriate is deemed to be an Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Expropriation Section 77 interest in land that, in the opinion of the appropriate minister in relation to Part I of the Expropriation Act, is required for a public work or other public purpose, and a reference to the Crown in that Act shall be read as a reference to the applicant or licensee. Inuit-owned land (4) When Inuit-owned land is expropriated and the designated Inuit organization and the applicant or licensee do not agree on the compensation to be paid, notwithstanding subsection (1), subsections 30(3) to (6) of the Expropriation Act do not apply and (a) if both parties make a request to the Arbitration Board established under Article 38 of the Agreement, the Arbitration Board shall (i) appoint a person who is acceptable to both parties to act as a negotiator for the purposes of section 30 of the Expropriation Act, and (ii) fix the remuneration and expenses, to be paid in equal shares by both parties to that person, for the period, not to exceed eight hours unless the parties agree to an extension of the number of hours, that the person performs the duties described in paragraphs (b) and (c); (b) the negotiator shall, on reasonable notice to the parties, meet with them or their authorized representatives, make any inspection of the land that the negotiator believes necessary, receive and consider appraisals, valuations or other written or oral evidence on which the parties rely for their estimation of the amount of compensation payable, whether or not the evidence would be admissible in proceedings before a court, and endeavour to effect a settlement; (c) the negotiator shall, within sixty days after the service of the notice to negotiate, report in writing to each of the parties and to the Arbitration Board concerning the success or failure in the matter of the negotiation; (d) if the negotiation is not successful, or if there are no negotiations, (i) sections 31 to 33 of the Expropriation Act do not apply, and compensation shall be determined by arbitration as set out in Article 38 of the Agreement, (ii) in section 35 and subsection 36(1) of that Act, the term “adjudged” shall be read as “determined”, Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Expropriation Section 77 (iii) in section 35 and in subsections 36(1) and (5) of that Act, the term “the Court” shall be read as “the arbitration panel”, and (iv) in subsections 36(2) and (3) of that Act, the term “judgment” shall be read as “the arbitration determination”; and (e) evidence of anything said or of any admission made in the course of a negotiation under this subsection is not admissible in any proceedings before a court for the recovery of the compensation payable to the designated Inuit organization, or before an arbitration panel established under Article 38 of the Agreement for the determination of the compensation. Charges for services (5) The appropriate minister in relation to Part I of the Expropriation Act may make regulations prescribing fees or charges to be paid by an applicant or a licensee in respect of an expropriation referred to in subsection (1), and rates of interest payable in respect of those fees and charges. Debt due to Her Majesty (6) The fees or charges referred to in subsection (5) are a debt due to Her Majesty in right of Canada by the applicant or licensee, and shall bear interest at the prescribed rate from the date they are payable. Security (7) The appropriate minister in relation to Part I of the Expropriation Act may require the applicant or licensee to provide security, in an amount determined by that minister and subject to any terms and conditions that the minister may specify, for the payment of any fees or charges that are or may become payable under this section. Mitigation of damages — enforcement of undertaking (8) Where the applicant or licensee, in mitigation of any injury or damage caused or likely to be caused to lands by an expropriation, undertakes (a) to abandon or grant, to the owner of the lands or a person interested in the lands, any portion of its lands or of the land being taken or any easement, servitude or privilege over or in respect of the lands, and Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Expropriation Sections 77-78 (b) to construct and maintain any work for the benefit of the owner or interested person, and the owner or interested person accepts the undertaking, the undertaking is deemed to be an undertaking referred to in paragraph 28(1)(b) of the Expropriation Act and it may be enforced by the Board as if it were a condition of the licensee’s licence. Registration (9) A copy of the document evidencing the permission granted by the Minister under subsection (1), certified as such by the Chairperson of the Board, shall be deposited with the registrar of land titles for the registration district in which the affected lands are situated. Duties of registrars (10) The provisions of section 210 of the Canadian Energy Regulator Act relating to plans, profiles and books of reference deposited with land registrars under that Act and the duties of land registrars with respect to those plans, profiles and books, in so far as they are reasonably applicable and not inconsistent with this Part, apply in respect of copies of documents deposited under subsection (9). Exceptions (11) This section does not apply in respect of lands in Nunavut that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose. Expropriation subject to Agreement (12) The expropriation of Inuit-owned land under this section is subject to the terms of Part 9 of Article 21 of the Agreement. 2002, c. 10, s. 77; 2019, c. 28, s. 173. Public Register Public register 78 (1) The Board shall maintain at its main office, in the form prescribed by the regulations, a register convenient for use by the public, in which shall be entered, with respect to each application filed with the Board and with respect to each licence issued by it, such information as is prescribed by the regulations. Register to be open to inspection (2) The register shall be open to inspection by any person, during normal business hours of the Board, on payment of the fee prescribed by the regulations. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Public Register Sections 78-81.1 Copies of contents of register (3) The Board shall, on request and on payment of the fee fixed by the Board, make available copies of information contained in the register. Decisions Reasons for decisions 79 (1) The Board shall issue, and make available to the public, written reasons for its decisions relating to any licence or application. Copies of decisions to parties (2) The Board shall send a copy of its decision and the reasons for it (a) to the applicant or licensee; (b) where the affected waters are ones in respect of which section 63 applies, to the designated Inuit organization; and (c) to any other person with a right to compensation under section 58 or 60. Decisions final 80 Except as provided in this Part, every decision of the Board is final. Appeal to Federal Court 81 (1) An appeal may be taken from a decision of the Board to the Federal Court on a question of law, or a question of jurisdiction, on leave being obtained from that Court on application made within forty-five days after the making of that decision or within such further time as that Court or a judge of that Court allows under special circumstances. Time limit (2) No appeal may be proceeded with unless it is entered in the Federal Court within sixty days after the making of the order granting leave to appeal. Cost Recovery Obligation to pay costs 81.1 (1) For the Minister to recover costs that are incurred in relation to the consideration of an application for a licence or for the renewal, amendment or cancellation of a licence, the applicant or a licensee shall pay to the Minister Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 2 Licences Cost Recovery Sections 81.1-82 (a) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Board or of its members; (b) any costs incurred by the Board for services that are prescribed by the regulations and that are provided to it by a third party; and (c) any amounts that are prescribed by the regulations and that are related to the exercise of the powers and performance of the duties and functions of the Minister. Debt due to Her Majesty (2) The amounts and costs that the applicant or a licensee must pay under subsection (1) constitute a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. 2015, c. 19, s. 47. DIVISION 3 General Regulations and Orders Regulations 82 (1) The Governor in Council may, on the recommendation of the Minister, make regulations (a) establishing water management areas in Nunavut consisting of river basins or other geographical areas; (b) for the purposes of paragraphs (b) to (d) of the definition waste in section 4, (i) specifying substances and classes of substances, (ii) prescribing quantities or concentrations of substances and classes of substances, and (iii) describing treatments of or changes to water; (c) authorizing the use without a licence of waters in Nunavut, except in a national park, for the purpose, in the quantity, at the rate, during the period and subject to the conditions specified in the regulations; (d) authorizing the deposit of waste without a licence in Nunavut, except in a national park, and specifying the conditions of the deposit, including the quantities, concentration and types of waste that may be deposited; Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Regulations and Orders Section 82 (e) prescribing the manner in which a report under subsection 12(3) is to be made; (f) on the advice of the Board or after consultation with the Board, exempting any class of applications in relation to licences from the requirement of a public hearing; (g) prescribing the criteria to be applied by the Board in determining, on an application for a licence, whether the proposed use of waters or deposit of waste requires a type A or a type B licence; (h) prescribing what constitutes a material conflict of interest for the purpose of subsection 23(1); (h.1) prescribing classes of appurtenant undertakings for the purposes of a type A licence described in paragraph 45(a); (i) in relation to the security referred to in subsection 76(1), (i) prescribing the form and nature of the security and the terms and conditions on which it is to be furnished and maintained, and (ii) prescribing the amount of the security or the manner of determining the amount of the security or authorizing the Board to fix that amount in accordance with the regulations; (j) prescribing water quality standards in Nunavut, except in a national park; (k) prescribing effluent standards in Nunavut, except in a national park; (l) prescribing standards for the design, construction, operation and maintenance of works used in relation to appurtenant undertakings; (m) prescribing the fees to be paid (i) for the right to use waters or deposit waste in waters under a licence, (ii) for the filing of any application with the Board, and (iii) for inspection of the register maintained under section 78; (n) prescribing the times at which and the manner in which the fees prescribed under paragraph (m) shall be paid; Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Regulations and Orders Section 82 (o) requiring persons who use waters or deposit waste in waters in Nunavut, except in a national park, to maintain books and records for the proper enforcement of this Part, and to submit to the Board, on a monthly, quarterly, semi-annual or annual basis, reports containing specified information on any of their operations; (p) requiring persons who deposit waste in waters in Nunavut, except in a national park, to submit representative samples of the waste to the Board for analysis or to analyse representative samples and submit the results to the Board; (q) respecting the taking of representative samples of waters or waste and respecting the method of analysing those samples; (r) prescribing the form of the register to be maintained under section 78 and the information to be entered in it; (r.1) respecting the recovery of amounts and costs for the purposes of section 81.1, including prescribing amounts and services for the purposes of that section and exempting any class of applicants or licensees from the application of that section; (s) respecting the duties of persons designated as analysts under section 85; and (t) generally, for carrying out the purposes and provisions of this Part. Concurrence of Board (2) For the purposes of paragraphs (1)(a), (c) and (d), the recommendation of the Minister is subject to the concurrence of the Board. Consultation with the Board (3) For the purposes of paragraph (1)(b), the recommendation of the Minister shall be made after consultation with the Board. Variation in regulations (4) Regulations made under subsection (1) may vary, among water management areas established under paragraph (1)(a), according to the use of waters, the purpose of that use and the quantity and rate of flow of waters used, and the quantities, concentrations and types of waste deposited or any other criteria. 2002, c. 10, s. 82; 2015, c. 19, s. 48. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Regulations and Orders Sections 83-86 Reservation of water rights 83 (1) The Governor in Council may, by order, direct the Board not to issue licences permitting the use of, or the deposit of waste directly or indirectly into, any waters specified in the order, or may prohibit a use of waters or a deposit of waste that would otherwise be authorized under paragraph 82(1)(c) or (d) (a) in order to enable comprehensive evaluation and planning to be carried out with respect to those waters, including planning by the Nunavut Planning Commission; or (b) where the use of those waters or the maintenance of their quality is required in connection with an undertaking that is, in the opinion of the Governor in Council, in the public interest. Licences of no effect (2) A licence issued in contravention of an order made under subsection (1) is of no force or effect. Recommendations to Minister 84 The Board may, and at the request of the Minister shall, make such recommendations to the Minister as it considers appropriate concerning any matter in respect of which the Governor in Council is authorized by section 82 or 83 to make regulations or orders. Enforcement Inspectors and analysts 85 (1) The Minister may designate any qualified person as an inspector or analyst for the purposes of this Part. Certificate to be produced (2) The Minister shall furnish every inspector with a certificate of designation as an inspector, and an inspector shall, if so requested, produce the certificate to the person in charge of any place entered by the inspector. Powers of inspection 86 (1) For the purpose of ensuring compliance with this Part, the regulations or a licence, an inspector may, subject to subsection (3), at any reasonable time, (a) enter any place in Nunavut in which the inspector believes, on reasonable grounds, (i) a work is being constructed that, on completion, will form part of an appurtenant undertaking, or Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Enforcement Section 86 (ii) any alteration or extension is being carried out on a work that forms part of an appurtenant undertaking; (b) conduct such inspections of a work described in paragraph (a) as the inspector considers necessary in order to determine (i) whether plans and specifications forming part of an application for a licence, filed with the Board by the person constructing the work, are being complied with, or (ii) whether the alteration or extension of the work is likely to result in a contravention of any condition of a licence; and (c) enter any place in Nunavut, except in a national park, in which the inspector believes, on reasonable grounds, that (i) waters are being used, (ii) there is being or has been carried out any process that may produce or has produced waste, or (iii) there is any waste that may be added to waters, and, in that place, examine any works, waters or waste, open any container that the inspector believes, on reasonable grounds, contains any waters or waste, and take samples of any such waters or waste. Books, records or documents (2) An inspector who enters any place under subsection (1) may examine and copy any books, records or documents in that place that the inspector believes, on reasonable grounds, contain any information relating to the object of the inspection or examination under that subsection. Exception for dwelling-place (3) An inspector may not enter a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Assistance to inspectors (4) The owner or person in charge of any place referred to in this section and every person found in the place shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector’s functions under this Part, and shall furnish the inspector with such information for purposes of the administration of this Part as the inspector may reasonably request. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Enforcement Section 87 Remedial measures 87 (1) An inspector may direct any person to take such reasonable measures as the inspector may specify, including the cessation of an activity, to prevent the use of waters or the deposit of waste or the failure of a work related to the use of waters or the deposit of waste, or to counteract, mitigate or remedy the resulting adverse effects, where the inspector believes, on reasonable grounds, (a) that (i) waters have been or may be used in contravention of subsection 11(1) or of a condition of a licence, (ii) waste has been or may be deposited in contravention of subsection 12(1) or of a condition of a licence, or (iii) there has been, or may be, a failure of a work related to the use of waters or the deposit of waste, whether or not there has been compliance with any standards prescribed by the regulations or imposed by a licence; and (b) that the adverse effects of that use, deposit or failure are causing, or may cause, a danger to persons, property or the environment. Report to Minister (2) The inspector shall advise the Minister and the Board of any direction given under subsection (1). Review by Minister (3) Where an inspector gives a direction to a person under subsection (1), the Minister may, and if so requested by the person shall, review the direction without delay, and after completion of the review may alter or revoke the direction. Powers of inspector (4) Where a person fails to comply with a direction given under subsection (1), the inspector may take the measures referred to in that subsection and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Recovery of Her Majesty’s costs (5) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (4) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Enforcement Sections 87-89 to Her Majesty from the person to whom the direction was given. Obstruction 88 (1) No person shall wilfully obstruct or otherwise interfere with an inspector in the carrying out of functions under this Part. False statements (2) No person shall knowingly make a false or misleading statement, either orally or in writing, to an inspector or other person engaged in carrying out functions under this Part. Where work closed or abandoned 89 (1) Where the Minister believes, on reasonable grounds, that (a) a person has closed or abandoned, temporarily or permanently, a work related to the use of waters or the deposit of waste in Nunavut, except in a national park, and (b) either (i) the person has contravened any condition of a licence or any provision of this Part or the regulations, whether or not the condition or provision relates to the closure or abandonment, or (ii) the past operation of the work or its closure or abandonment may cause a danger to persons, property or the environment, the Minister may take any reasonable measures to prevent, counteract, mitigate or remedy any resulting adverse effect on persons, property or the environment and may, for that purpose, enter any place in Nunavut, other than a place that is designed to be used and is being used as a permanent or temporary private dwelling-place. Recovery of Her Majesty’s costs (2) Any portion of the reasonable costs incurred by Her Majesty in right of Canada under subsection (1) that is not recoverable from the security furnished and maintained under section 76 may be recovered as a debt due to Her Majesty from the person who closed or abandoned the work, to the extent that the incurring of those costs resulted from a contravention of a condition or provision referred to in subparagraph (1)(b)(i). Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Offences and Punishment Sections 90-90.2 Offences and Punishment Principal offences 90 (1) Every person is guilty of an offence who contravenes subsection 11(1), section 12 or section 88 or who fails to comply with subsection 11(3) or with a direction given by an inspector under subsection 87(1). Punishment (2) Every person who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2002, c. 10, s. 90; 2015, c. 19, s. 49. Offences — type A licences 90.1 (1) Every type A licensee is guilty of an offence who (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1). Punishment (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding one year, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both. 2015, c. 19, s. 49. Offences — type B licences 90.2 (1) Every type B licensee is guilty of an offence who (a) contravenes any condition of the licence, if the contravention does not constitute an offence under section 91; or Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Offences and Punishment Sections 90.2-91 (b) fails, without reasonable excuse, to furnish or maintain security as required under subsection 76(1). Punishment (2) Every licensee who commits an offence under subsection (1) is liable on summary conviction (a) for a first offence, to a fine not exceeding $37,500 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $75,000 or to imprisonment for a term not exceeding six months, or to both. 2015, c. 19, s. 49. Continuing offences 90.3 An offence under subsection 90(1), 90.1(1) or 90.2(1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. 2015, c. 19, s. 49. Deeming — second or subsequent offence 90.4 (1) For the purposes of paragraphs 90(2)(b), 90.1(2)(b) and 90.2(2)(b), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted of a substantially similar offence under an Act of Parliament — or an Act of the legislature of a province — that relates to environmental or wildlife conservation or protection. Application (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province. 2015, c. 19, s. 49. Other offences 91 Any person is guilty of an offence punishable on summary conviction who (a) contravenes subsection 86(4) or any regulations made under paragraph 82(1)(o), (p) or (q); or (b) wilfully obstructs or otherwise interferes with a licensee or any person acting on behalf of a licensee in the exercise of the licensee’s rights under this Part, except as authorized under this or any other Act of Parliament. 2002, c. 10, s. 91; 2015, c. 19, s. 50. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Offences and Punishment Sections 92-94 Limitation period or prescription 92 No proceedings in respect of an offence under this Part are to be instituted more than five years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged offence. 2002, c. 10, s. 92; 2015, c. 19, s. 51. Action to enjoin not prejudiced by prosecution 93 (1) Despite the fact that a prosecution has been instituted in respect of an offence under subsection 90(1), 90.1(1) or 90.2(1), the Attorney General of Canada may commence and maintain proceedings to enjoin conduct that constitutes an offence under any of those subsections. Civil remedy not affected (2) No civil remedy for any act or omission is affected because the act or omission is an offence under this Part. 2002, c. 10, s. 93; 2015, c. 19, s. 52. Certificate of analyst 94 (1) Subject to this section, a certificate purporting to be signed by an analyst, stating that the analyst has analysed or examined a sample submitted by an inspector and giving the results of the analysis or examination, (a) is admissible in evidence in any prosecution under this Part; and (b) in the absence of evidence to the contrary, is proof of its contents without proof of the signature or the official character of the signatory. Attendance of analyst (2) A party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence under subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention, together with a copy of the certificate. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Section 94.01 Administrative Monetary Penalties Regulations Ministerial regulations 94.01 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 94.02 to 94.3, including regulations (a) designating as a violation that may be proceeded with in accordance with this Part (i) the contravention of any specified provision of this Part or of the regulations, (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made or given under this Part, or (iii) the failure to comply with a term or condition of any licence or a term or condition of a specified class of licences; (b) providing for the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; (c) establishing the form and content of notices of violations; (d) respecting the service of documents required or authorized under this Part, including the manner and proof of service and the circumstances under which documents are considered to be served; and (e) respecting reviews by the Minister in respect of a notice of violation. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person. 2015, c. 19, s. 53. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Sections 94.02-94.06 Violations Function of inspectors 94.02 Persons who are designated as inspectors under subsection 85(1) are authorized to issue notices of violation. 2015, c. 19, s. 53. Commission of violation 94.03 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 94.01(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Part and not to punish. 2015, c. 19, s. 53. Liability of directors, officers, etc. 94.04 If a corporation commits a violation, any director, officer or agent or mandatary of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Part. 2015, c. 19, s. 53. Proof of violation 94.05 In any proceedings under this Part against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent or mandatary of the person, whether or not the employee or agent or mandatary is identified or proceeded against in accordance with this Part. 2015, c. 19, s. 53. Issuance and service of notice of violation 94.06 (1) If an inspector believes on reasonable grounds that a person has committed a violation, the inspector may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Sections 94.06-94.09 (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised; (e) inform the person of the time and manner of paying the penalty; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty. 2015, c. 19, s. 53. Rules about Violations Certain defences not available 94.07 (1) A person named in a notice of violation does not have a defence by reason that they (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate them. Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Part applies in respect of a violation to the extent that it is not inconsistent with this Part. 2015, c. 19, s. 53. Continuing violation 94.08 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2015, c. 19, s. 53. Violations or offences 94.09 (1) Proceeding with any act or omission as a violation under this Part precludes proceeding with it as an offence under this Part, and proceeding with it as an offence under this Part precludes proceeding with it as a violation under this Part. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Sections 94.09-94.14 Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2015, c. 19, s. 53. Limitation period or prescription 94.1 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. 2015, c. 19, s. 53. Reviews Right to request review 94.11 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both. 2015, c. 19, s. 53. Correction or cancellation of notice of violation 94.12 At any time before a request for a review in respect of a notice of violation is received by the Minister, an inspector may cancel the notice of violation or correct an error in it. 2015, c. 19, s. 53. Review 94.13 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review. 2015, c. 19, s. 53. Object of review 94.14 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Minister shall render a written determination, with reasons, and cause the person who requested the review to be served with a copy. A copy shall also be provided without delay to the Board. Correction of penalty (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Sections 94.14-94.18 Responsibility to pay penalty (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination. Determination final (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. 2015, c. 19, s. 53. Burden of proof 94.15 If the facts of a violation are reviewed, the inspector who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2015, c. 19, s. 53. Responsibility Payment 94.16 If a person pays the penalty, the person is considered to have committed the violation and proceedings in respect of it are ended. The Minister shall immediately notify the Board of the violation. 2015, c. 19, s. 53. Failure to act 94.17 A person that neither pays the penalty within the period set out in the notice of violation nor requests a review within the period referred to in section 94.11 is considered to have committed the violation and is liable to the penalty. The Minister shall immediately notify the Board of the violation. 2015, c. 19, s. 53. Recovery of Penalties Debts to Her Majesty 94.18 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction. Limitation period or prescription (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2015, c. 19, s. 53. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 1 Nunavut Waters DIVISION 3 General Administrative Monetary Penalties Sections 94.19-95 Certificate 94.19 (1) The Minister may issue a certificate of nonpayment certifying the unpaid amount of any debt referred to in subsection 94.18(1). Registration of certificate (2) Registration of a certificate of non-payment in any court of competent jurisdiction has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2015, c. 19, s. 53. General Authenticity of documents 94.2 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 94.06(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2015, c. 19, s. 53. Publication 94.3 The Board shall make public the nature of a violation, the name of the person who committed it and the amount of the penalty. 2015, c. 19, s. 53. PART 2 Nunavut Surface Rights Tribunal Interpretation Definitions 95 The definitions in this section apply in this Part. flora means terrestrial and aquatic flora and any of their parts or products. It does not include trees suitable for commercial production of lumber or other building materials except where such trees are required by Inuit for local use, land-based activities or handicraft production. (espèces végétales) harvesting means, in relation to wildlife, reduction into possession and includes hunting, trapping, fishing as defined in section 2 of the Fisheries Act, netting, egging, picking, collecting, gathering, spearing, killing, capturing or taking by any means. (exploitation) Tribunal means the Nunavut Surface Rights Tribunal established by section 99. (Tribunal) Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal Interpretation Sections 95-98 wildlife (a) means terrestrial, aquatic, avian and amphibian fauna in their wild state and any of their parts or products; and (b) subject to subsection 152(2), includes flora. (ressources fauniques) General Provisions Review 96 The Minister shall review the provisions of this Part, except those provisions that implement obligations under the Agreement, with the representatives of any aboriginal group that is negotiating, in relation to Nunavut, a land claim, the implementation of a treaty or self-government in order to determine whether the provisions under review are inconsistent with the matters being negotiated and, if so, whether those provisions should be amended. Access with consent 97 (1) For greater certainty, except where otherwise provided in the Agreement, no persons, other than Inuit, may enter, cross or remain on Inuit-owned land without the consent of the designated Inuit organization. Effect of entry order (2) Neither the issuance of an entry order by the Tribunal nor any term or condition of such an entry order has the effect of exempting the person to whom the entry order is issued from any obligation, restriction or prohibition imposed by an Act of Parliament, including an obligation, restriction or prohibition set out in the Agreement, or by an instrument made or issued under an Act of Parliament. Her Majesty Binding on Her Majesty 98 This Part is binding on Her Majesty in right of Canada or a province. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Sections 99-103 DIVISION 1 Establishment and Organization of Tribunal Tribunal Established Establishment 99 (1) There is hereby established the Nunavut Surface Rights Tribunal consisting of a Chairperson and not fewer than two nor more than ten other members to be appointed by the Minister. Odd number (2) The Minister shall make such appointments as are necessary to ensure that an odd number of members holds office at any time. Residency qualification 100 (1) At least two of the members shall be resident in Nunavut. Effect of ceasing to be resident (2) If the Minister determines that a member has ceased to be resident in Nunavut and that the condition imposed by subsection (1) is not satisfied, the appointment of the member is terminated as of the date on which the member receives written notification from the Minister that the determination has been made. Term of office 101 (1) A member shall be appointed to hold office for a term not exceeding three years. Acting after expiry of term (2) If the term of a member expires before the member has made a decision in a matter for which a hearing is held, the member may, with the authorization of the Chairperson, continue to act as a member only in relation to that matter until the hearing is concluded and a decision is made. The office of the member is deemed to be vacant as soon as the term expires for the purpose of the appointment of a replacement. Reappointment 102 A member is eligible to be reappointed to the Tribunal in the same or another capacity. Duties of Chairperson 103 The Chairperson is the chief executive officer of the Tribunal and has such powers, duties and functions as are prescribed by the by-laws of the Tribunal. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Tribunal Established Sections 104-106 Remuneration and expenses 104 (1) The members of the Tribunal shall receive fair remuneration, as determined by the Minister, for the performance of their duties and shall be paid such travel and living expenses incurred while absent from their ordinary place of residence in the course of performing their duties as are consistent with Treasury Board directives for public servants. Workers’ compensation (2) A member is deemed to be an employee for the purposes of the Government Employees Compensation Act and to be employed in the public service of Canada for the purposes of any regulations made under section 9 of the Aeronautics Act. Indemnification of Tribunal members and employees 105 The members and employees of the Tribunal shall be indemnified by the Tribunal against all damages awarded against them, any settlement paid by them with the approval of the Minister and all expenses reasonably incurred by them, in respect of any claim arising out of their functions as members or employees, if those functions were carried out honestly and in good faith with a view to the best interests of the Tribunal. Languages Language of business 106 (1) The Tribunal shall conduct its business in both of the official languages of Canada in accordance with the Official Languages Act and any directives of the Minister and, on request by any designated Inuit organization, in Inuktitut. Translation or interpretation (2) Subject to subsections 16(1) and (2) of the Official Languages Act, nothing in subsection (1) shall be construed to prevent the use of translation or interpretation services where a member of the Tribunal is otherwise unable to conduct business in Inuktitut or in either official language. Witnesses (3) The Tribunal has, in any proceedings before it, the duty to ensure that any person giving evidence before it may be heard in Inuktitut or in either official language, and that in being so heard the person will not be placed at a disadvantage by not being heard in another of those languages. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Languages Sections 106-108 Duty to provide simultaneous interpretation (4) The Tribunal has, in any proceedings before it, the duty to ensure that, at the request of any party to the proceedings, facilities are made available for the simultaneous interpretation of the proceedings, including the evidence given and taken, from Inuktitut into one of the official languages, from one of the official languages into Inuktitut or from one of the official languages into the other. Translation of documents (5) The Tribunal has, in any proceedings before it, the duty to provide a translation of any document prepared in Inuktitut or in one of the official languages for the purpose of the proceedings by a party to the proceedings into one or both of the official languages or into Inuktitut or the other official language where necessary to enable another party to the proceedings to understand and deal with the document. Translation of orders (6) The Tribunal shall, on the request of a party to any proceedings before it, provide a translation into Inuktitut of any order made in the proceedings, including any reasons given for the order. Head Office and Meetings Head office 107 The head office of the Tribunal shall be at Iqaluit or at such other place in Nunavut as the Governor in Council may designate. Business meetings 108 (1) The meetings of the Tribunal shall be held at such times and at such places as the Tribunal considers necessary or desirable for the proper conduct of its business. Participation by telephone (2) Subject to the by-laws of the Tribunal, any member may participate in a business meeting by means of telephone or other communications facilities that are likely to enable all persons participating in the meeting to hear each other, and a member so participating is deemed for all purposes of this Part to be present at that meeting. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal By-laws Sections 109-113 By-laws By-laws 109 The Tribunal may make by-laws respecting the conduct and management of the internal administrative affairs of the Tribunal, including by-laws respecting the assignment of members to panels of the Tribunal. General Powers Staff 110 The Tribunal may employ such officers and employees and engage the services of such agents, advisers and experts as are necessary for the proper conduct of its business and may fix the terms and conditions of their employment or engagement and pay their remuneration. Government facilities and information 111 In exercising its powers or performing its duties or functions, the Tribunal may, where appropriate, use the services and facilities of departments, boards and agencies of the Government of Canada or the Government of Nunavut and may, subject to any other Act of Parliament, obtain from any such department, board or agency any information that is required to exercise those powers or perform those duties or functions. Property and contracts 112 (1) The Tribunal may, for the purposes of conducting its business, (a) acquire property in its own name and dispose of the property; and (b) enter into contracts in its own name. Legal proceedings (2) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Tribunal may be brought or taken by or against the Tribunal in its name in any court that would have jurisdiction if the Tribunal were a corporation. Status Status 113 The Tribunal is an institution of public government but is not an agent of Her Majesty. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Financial Provisions Sections 114-116 Financial Provisions Annual budget 114 (1) The Tribunal shall annually submit a budget for the following fiscal year to the Minister for consideration. Accounts (2) The Tribunal shall maintain books of account and records in relation to them in accordance with accounting principles recommended by the Chartered Professional Accountants of Canada or its successor. Consolidated financial statements (3) The Tribunal shall, within such time after the end of each fiscal year as the Minister specifies, prepare consolidated financial statements in respect of that fiscal year in accordance with the accounting principles referred to in subsection (2), and shall include in the consolidated financial statements any information or statements that are required in support of them. Audit (4) The accounts, financial statements and financial transactions of the Tribunal shall be audited annually by the Auditor General of Canada. The Auditor General of Canada shall make a report of the audit to the Tribunal and the Minister. 2002, c. 10, s. 114; 2017, c. 26, s. 62. Annual Report Annual report 115 The Tribunal shall, within three months after the end of each fiscal year, submit to the Minister a report on its activities in that year, and shall include in the annual report information on the following matters: (a) its operations; (b) the number of applications made to it; (c) the orders made by it; and (d) such other matters as the Minister may specify. Publication 116 The Tribunal shall publish the annual report. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Jurisdiction of Tribunal Sections 117-120 Jurisdiction of Tribunal Negotiations 117 (1) No person may apply to the Tribunal for an order unless the person has attempted to resolve the matter in dispute by negotiation in accordance with the rules made under section 130 or, until such rules have been made, in a manner satisfactory to the Tribunal. Resolved matters (2) The Tribunal may not hear or make an order in respect of any matter that was resolved by negotiation unless the parties consent or it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances that formed the basis of the negotiated resolution. Matters not raised 118 The Tribunal may not make an order in respect of a matter that is not raised by any of the parties. Applications and Hearings Informal and expeditious 119 An application before the Tribunal shall be dealt with as informally and expeditiously as the circumstances and considerations of fairness permit and, in particular, the Tribunal (a) is not bound by any strict rules of evidence; (b) may take into account any material it considers relevant; (c) shall give due weight to Inuit knowledge of wildlife and the environment; and (d) shall, in hearing an application under Division 5, take into account the social, cultural and economic importance of wildlife to Inuit. General powers of Tribunal 120 The Tribunal has, with respect to the attendance and examination of witnesses, the production and inspection of documents and all other matters necessary or proper in relation to applications before the Tribunal, all the powers, rights and privileges of a superior court. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Applications and Hearings Sections 121-124 Parties to a hearing 121 The following are parties to a hearing before the Tribunal: (a) the applicant and any other person who may apply for an order in respect of which the hearing is held; and (b) the owner of land that would be subject to an order in respect of which the hearing is held and any occupant of that land. Hearing in absence of party 122 The Tribunal may not hear an application in the absence of any party unless (a) that party consents to the holding of the hearing in their absence; or (b) notice of the hearing was given to that party in accordance with the rules of the Tribunal or, in the absence of rules respecting the giving of such notice, in a manner satisfactory to the Tribunal. Location of hearing 123 Unless the parties agree otherwise, (a) an application under section 155 or 167 in relation to an order made under section 155 shall be heard in a community that is convenient to the claimant; and (b) any other application shall be heard in the community that is closest to the land involved. Hearing of applications 124 (1) An application to the Tribunal shall be heard by a panel consisting of three members or, if the parties consent, by one member. If one of the members of a panel is absent, the hearing may continue with only one of the members if the parties consent, but if the parties do not consent, the application shall be reheard by another panel or member. Disposition of application (2) A member who is not present during the entire hearing of an application may not participate in the disposition of the application. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Applications and Hearings Sections 124-129 Residency requirement (3) Where an application involves Inuit-owned land, at least two of the members of the panel hearing the application, or in the case of an application heard by one member, that member, shall be resident in Nunavut. Assignment of members 125 (1) Members shall be assigned to panels in accordance with the by-laws of the Tribunal or, in the absence of by-laws respecting the assignment of members, by the Chairperson. Conflict of interest (2) A member shall not be assigned to, or continue to, hear an application if doing so would place the member in a material conflict of interest. Status of Inuk or interest in land (3) A member is not placed in a material conflict of interest merely because the member has the status under the Agreement of an Inuk or has an interest in land in Nunavut. Powers, duties and functions 126 (1) A panel, or member hearing an application, has all of the powers, and shall perform all of the duties and functions, of the Tribunal in relation to the application. Status of order (2) Any order disposing of an application is an order of the Tribunal. Information made available 127 Before disposing of an application, the Tribunal shall make any information that it intends to use in the disposition available to the parties and provide them with a reasonable opportunity to respond to the information. References to Federal Court 128 The Tribunal may, at any stage of its proceedings, refer to the Federal Court any question or issue of law or of jurisdiction, other than a question or issue that has been referred to an arbitration panel established under Article 38 of the Agreement. Records Records 129 (1) The Tribunal shall Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Records Sections 129-132 (a) keep a public record of all applications made to the Tribunal and orders and other decisions made by the Tribunal in respect of applications; (b) issue, on request and on payment of such fee as the Tribunal may fix, certified copies of any order or other decision, rule or by-law made by the Tribunal; and (c) have the custody and care of all documents filed with the Tribunal. Fees (2) Any fee received by the Tribunal under paragraph (1)(b) may be used by the Tribunal for its operations. Rules Procedures, mediation and costs 130 (1) The Tribunal may make rules (a) respecting the practice and procedure in relation to applications to and hearings before the Tribunal, including the service of documents and the imposition of reasonable time limits; (b) establishing procedures that may be followed in the mediation of matters in dispute; and (c) respecting the allowance of costs, including rules (i) establishing a schedule of fees and other expenses incurred by a party in relation to applications to or hearings before the Tribunal that may be allowed as part of that party’s costs under this Part, and (ii) respecting the circumstances under which the Tribunal may allow costs with respect to matters dealt with in the schedule of fees and other expenses on a basis other than that established by the schedule. Negotiations (2) The Tribunal shall make rules establishing procedures to be followed in the conduct of negotiations for the purposes of subsection 117(1), either generally or with respect to any class of applications. Non-application of Statutory Instruments Act 131 Sections 3, 5 and 11 of the Statutory Instruments Act do not apply in respect of the rules of the Tribunal. Pre-publication 132 (1) The Tribunal shall give notice at least sixty days before making a rule by Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 1 Establishment and Organization of Tribunal Rules Sections 132-133 (a) publishing the proposed rule in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) sending a copy of the proposed rule to the council of each municipality in Nunavut. Representations invited (2) The notice referred to in subsection (1) shall include an invitation to interested persons to make representations in writing to the Tribunal about the proposed rule within sixty days after publication of the notice. Response to representations (3) The Tribunal may not make the rule until after it has responded to any representations made within the time limit referred to in subsection (2). Exception (4) Once a notice is published under subsection (1), no further notice is required to be published about any amendment to the proposed rule that results from representations made by interested persons. Publication (5) As soon as possible after the rule has been made, the Tribunal shall (a) publish it in a newspaper or other periodical that, in the opinion of the Tribunal, has a large circulation in Nunavut; and (b) publish a notice in the Canada Gazette that the rule has been made, indicating the newspaper or periodical in which it has been published. DIVISION 2 Entry Orders for Inuit-owned Lands Exercise of Mineral Rights Use and occupation 133 On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, and (b) who has been unable to obtain the consent of the designated Inuit organization, Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 2 Entry Orders for Inuit-owned Lands Exercise of Mineral Rights Sections 133-136 the Tribunal shall make an entry order setting out the terms and conditions for the use and occupation of that land to the extent necessary for the purpose of exercising the mineral right. Prospecting right 134 (1) A person who has a right to prospect for minerals and who applies under section 133 for an entry order to exercise that right on Inuit-owned land shall make a separate application in respect of each parcel of that land. Confidentiality (2) In disposing of an application made by a person who has a right to prospect for minerals, the Tribunal shall take into account the need to provide confidentiality for that person. Definition of parcel (3) In subsection (1), parcel means the portion of land represented by a code of letters and numbers in the property description, as defined in section 19.1.1 of the Agreement, used for the purposes of conveying title to Inuitowned land. Access to other land 135 (1) Subject to subsection (2), on application by any person (a) who requires access to Inuit-owned land in order to exercise a mineral right, granted under an Act of Parliament, in relation to any other land, and (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for access to that Inuit-owned land to the extent necessary for the purpose of exercising the mineral right. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless the applicant satisfies the Tribunal that the access is reasonably required. Other Commercial Purposes Right to cross 136 (1) Subject to subsection (2), on application by any person (a) who requires access across Inuit-owned land for a commercial purpose, and Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 2 Entry Orders for Inuit-owned Lands Other Commercial Purposes Sections 136-137 (b) who has been unable to obtain the consent of the designated Inuit organization, the Tribunal shall make an entry order setting out the terms and conditions for the access. Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless an arbitration panel established under Article 38 of the Agreement has, in accordance with the Agreement, (a) established that the applicant attempted for a period of not less than sixty days to negotiate the access in good faith; (b) determined that the access is essential to the commercial purposes of the applicant and that access by any other means is physically or financially impractical; and (c) designated a route of access that will minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land. Compensation dispute (4) Where the designated Inuit organization has consented to permit a person to cross Inuit-owned land for commercial purposes but that organization and that person are unable to agree on appropriate compensation, the Tribunal shall, on application by that organization or person, make an order resolving the matter. Construction Materials Right to remove materials 137 (1) Subject to subsection (2), on application by the Minister or the territorial minister designated by an instrument of the Executive Council of Nunavut, in any case where the designated Inuit organization has refused entry on Inuit-owned land to remove sand, gravel or other like construction materials, the Tribunal shall make an entry order setting out the terms and conditions, including the payment of compensation, for entry on that land by agents of the Government of Canada or of the Government of Nunavut to remove those construction materials. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 2 Entry Orders for Inuit-owned Lands Construction Materials Sections 137-139 Restriction (2) The Tribunal shall not make an entry order under subsection (1) unless it determines that the construction materials are required for public purposes and that no alternative supply is reasonably available. Terms and conditions (3) An entry order made under subsection (1) shall include terms and conditions to minimize any damage to the Inuit-owned land and interference with Inuit use of that land and shall require the rehabilitation of the site by the government that removed the construction materials. Compensation (4) In determining the amount of compensation that is payable as a term or condition of an entry order made under subsection (1), the Tribunal shall not take into account any amount that is payable for the construction materials. General Rules for Orders Offer of compensation 138 An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the designated Inuit organization or to the occupant of the land that would be subject to the order. Terms and conditions 139 The Tribunal may include in an entry order, in addition to the terms and conditions required by this Part, (a) terms and conditions respecting any of the following matters, namely, (i) the times when the right may be exercised, (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 2 Entry Orders for Inuit-owned Lands General Rules for Orders Sections 139-140 (vii) abandonment and restoration work, and (viii) the right of the designated Inuit organization or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the occupant of the land or Inuit. Compensation factors 140 (1) Subject to subsection (2), in determining the amount of compensation that is payable under an order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider (a) the market value of the land; (b) the loss of the use of the land to the designated Inuit organization, the occupant of the land and Inuit; (c) the effect on wildlife harvesting by Inuit; (d) the adverse effect of the use or occupancy on any other Inuit-owned land; (e) any damage that may be caused to the land; (f) any nuisance and inconvenience, including noise, to the designated Inuit organization, the occupant of the land and Inuit; (g) the cultural attachment of Inuit to the land; (h) the peculiar and special value of the land to Inuit; (i) any reasonable expenses that may be incurred by the designated Inuit organization or occupant of the land as or on account of costs of an inspection under subparagraph 139(a)(viii); and (j) any reasonable costs incurred by the designated Inuit organization in connection with the application and the hearing. Restriction (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land or any entry fee payable. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 2 Entry Orders for Inuit-owned Lands General Rules for Orders Sections 140-143 Payment (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made. Allocation 141 If the Tribunal finds that both the designated Inuit organization and the occupant of the land are affected by the access, it may allocate any compensation payable between them. Effect of entry order 142 (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the designated Inuit organization of the succession is entitled to have access to the land that is subject to the entry order, in accordance with the terms and conditions of the entry order. Payment of entry fee and compensation (2) No person may exercise the rights under an entry order until after the payment of both the entry fee fixed by regulations made under the Nunavut Land Claims Agreement Act and eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 138. DIVISION 3 Entry Orders for Non-Inuit-owned Land Interpretation Definitions 143 The definitions in this section apply in this Division. non-Inuit-owned land means land in Nunavut that is not Inuit-owned land and that is owned or occupied by a person other than Her Majesty in right of Canada. (terre non inuit) occupant means, in respect of land, any person, other than the owner of the land, whose consent is required by or under another Act of Parliament as a condition of the Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 3 Entry Orders for Non-Inuit-owned Land Interpretation Sections 143-146 exercise of a right of access to that land by a person who has a mineral right. (occupant) Exercise of Mineral Rights Applications for entry orders 144 On application by any person (a) who has a mineral right granted by Her Majesty in right of Canada, (b) who has, under another Act of Parliament, for the purpose of exercising that mineral right, a right of access to non-Inuit-owned land that is subject to the consent of the owner or occupant, and (c) who has been unable to obtain the consent of the owner or occupant, the Tribunal shall make an entry order setting out the terms and conditions for the exercise of the right of access to the extent necessary for the purpose of exercising the mineral right. General Rules for Orders Offer of compensation 145 An applicant for an entry order shall file with the application a copy of the most recent written offer of compensation made to the owner or occupant of the land that would be subject to the order. Terms and conditions 146 The Tribunal may include in an entry order in respect of a right of access (a) terms and conditions respecting any of the following matters, namely, (i) the times when the right may be exercised, (ii) the giving of notice, (iii) limitations on the location in which the right may be exercised and on routes of access, (iv) limitations on the number of persons exercising the right, (v) limitations on the activities that may be carried on and the equipment that may be used, Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 3 Entry Orders for Non-Inuit-owned Land General Rules for Orders Sections 146-147 (vi) the giving of security in accordance with the regulations and the purposes for which the security is given, (vii) abandonment and restoration work, and (viii) the right of the owner or occupant of the land to verify, by inspection or otherwise, whether the other terms and conditions have been complied with; and (b) any other terms and conditions that the Tribunal considers appropriate to minimize any damage to or interference with the use and peaceful enjoyment of the land by the owner or occupant of the land. Compensation factors 147 (1) Subject to subsection (2), in determining the amount of compensation that is payable under an entry order, the Tribunal may consider such factors as it considers appropriate and, without limiting the generality of the foregoing, shall consider (a) the market value of the land; (b) the loss of the use of the land to the owner or occupant of the land; (c) any damage that may be caused to the land; (d) any nuisance and inconvenience, including noise, to the owner or occupant of the land; (e) any reasonable expenses that may be incurred by the owner or occupant of the land as or on account of costs of an inspection under subparagraph 146(a)(viii); and (f) any reasonable costs incurred by the owner or occupant of the land in connection with the application and the hearing. Restriction (2) In determining the amount of compensation payable, the Tribunal shall not consider the reversionary value of the land. Payment (3) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may require the payment of interest, at a rate to be determined in accordance with the regulations, on compensation payments made after the day on which they are required to be made. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 3 Entry Orders for Non-Inuit-owned Land General Rules for Orders Sections 148-150 Allocation 148 If the Tribunal finds that both the owner and the occupant of the land are affected by the access, it may allocate any compensation payable between them. Effect of entry order 149 (1) Subject to subsection (2), a person to whom an entry order is issued and every successor of that person referred to in section 163 who has notified the owner or occupant of the land that is subject to the entry order of the succession is entitled to have access to that land, in accordance with the terms and conditions of the entry order. Payment of compensation (2) No person may exercise the rights under an entry order until after the payment of eighty per cent of either the lump sum or the first periodic payment, as the case may be, of the compensation referred to in the offer filed under section 145. DIVISION 4 Mineral Rights and Carving Stone Specified Substances on Inuitowned Land Determinations about specified substances 150 On application by the designated Inuit organization or any person who has a mineral right granted by Her Majesty in right of Canada in relation to Inuit-owned land, the Tribunal shall (a) determine whether the specified substances in that land are removed, worked or used for a purpose strictly incidental to the exercise of the mineral right; (b) determine whether the specified substances are used for a purpose directly related to the exercise of the mineral right; or (c) fix the amount of compensation to be paid for specified substances that are used for a purpose not directly related to the exercise of the mineral right. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 4 Mineral Rights and Carving Stone Carving Stone on Crown Lands Sections 151-152 Carving Stone on Crown Lands Conflicts 151 (1) On application by a designated Inuit organization that holds a permit or a lease for the quarrying of carving stone on Crown lands or by a person who has a mineral right granted by Her Majesty in right of Canada in relation to those lands, the Tribunal shall make an order resolving any conflict between the designated Inuit organization and that person respecting the mineral right and the rights flowing from the permit or lease. Definition of Crown lands (2) In this section, Crown lands means any lands in the Nunavut Settlement Area belonging to Her Majesty in right of Canada or of which the Government of Canada or the Government of Nunavut has power to dispose. DIVISION 5 Wildlife Compensation Interpretation Definitions 152 (1) The definitions in this subsection apply in this Division. claimant means an Inuk or Inuit. (réclamant) developer means any person engaged in a development activity and includes, in the case of marine transportation as described in paragraph (c) of the definition development activity, the owner of a ship. (entrepreneur) development activity means any of the following carried out on land or water in the Nunavut Settlement Area or in Zone I or Zone II, within the meaning assigned by section 1.1.1 of the Agreement: (a) a commercial or industrial undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; (b) a municipal, territorial, provincial or federal government undertaking or any extension of the undertaking, provided it is not a marine transportation undertaking; and (c) marine transportation directly associated with an undertaking described in paragraph (a) or (b). Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 5 Wildlife Compensation Interpretation Sections 152-153 It does not include any wildlife measure or use approved in accordance with Article 5 of the Agreement. (activités de développement) Inuk means an individual member of the group of persons referred to in the definition of Inuit in subsection 2(1). (Inuk) Wildlife (2) In this Division, wildlife does not include flora. Definitions from Marine Liability Act (3) For the purposes of the definition developer in subsection (1) and for the purposes of sections 153 and 154, the words discharge, oil, owner and ship have the same meaning as in section 91 of the Marine Liability Act. 2002, c. 10, s. 152; 2009, c. 21, s. 22. Liability of Developers Loss or damage 153 (1) Subject to this section, a developer is absolutely liable, without proof of fault or negligence, for any of the following losses or damage suffered by a claimant as a result of a development activity of the developer: (a) loss of or damage to property or equipment used in harvesting wildlife or to wildlife that has been harvested; (b) present and future loss of income from the harvesting of wildlife; and (c) present and future loss of wildlife harvested for personal use by claimants. Exceptions (2) A developer is not liable under subsection (1) (a) where the developer establishes that the loss or damage was wholly the result of an act of war, hostilities, a civil war, an insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; (b) where the loss or damage was caused by a ship, to the extent that the developer would not, but for Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 5 Wildlife Compensation Liability of Developers Sections 153-154 subsection (1), have been liable as a result of a defence or limitation of liability available at law; or (c) to the extent that the aggregate loss or damage for each incident exceeds the applicable limit of liability prescribed by, or determined pursuant to, regulations under paragraph 170(e). Claim (3) Any claim for compensation by a claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, acting on behalf of the claimant, for loss or damage described in subsection (1) shall be made in writing to the developer within three years after the later of the date on which the loss or damage occurs and the date on which it comes to the knowledge of the claimant. Compensation (4) The following principles apply to the determination of the amount of compensation payable as a result of loss or damage described in subsection (1): (a) a claimant is required to make all reasonable attempts to mitigate any loss or damage; and (b) in general, compensation shall not be a guaranteed annual income in perpetuity. Liability of Minister 154 (1) Without limiting the liability of the Minister where the Minister is the person engaged in the development activity or the owner of the ship that caused the loss or damage, the Minister is liable, in relation to any loss or damage that is attributable to marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1) other than that resulting from a discharge of oil from a ship, for any portion of the loss or damage for which a developer is not liable because of the application of paragraph 153(2)(b) and for which no other person is liable. Liability of Fund (2) In relation to loss or damage resulting from a discharge of oil from a ship that is engaged in marine transportation as described in paragraph (c) of the definition development activity in subsection 152(1), the Shipsource Oil Pollution Fund established under Part 7 of the Marine Liability Act is liable to the same extent that a developer would be liable under section 153 if paragraph 153(2)(b) did not apply. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 5 Wildlife Compensation Liability of Developers Sections 154-156 Subrogation (3) The Administrator of the Ship-source Oil Pollution Fund is subrogated, to the extent of any payment made by the Fund under subsection (2), to any rights of the claimant in respect of the loss or damage for which that payment was made and, for that purpose, the Administrator may maintain an action in the Administrator’s name or in the name of the claimant. 2002, c. 10, s. 154; 2009, c. 21, s. 23. Applications to Tribunal Application for order 155 On application, made not less than thirty days after the making of a claim in accordance with subsection 153(3), (a) by the claimant, or by a designated Inuit organization or a Hunters and Trappers Organization, within the meaning assigned to that expression by section 1.1.1 of the Agreement, on behalf of the claimant, (b) by a developer, or (c) by the Minister or the Administrator of the Shipsource Oil Pollution Fund, where the Minister, under subsection 154(1), or the Fund, under subsection 154(2), may be liable, the Tribunal shall make an order determining liability for loss or damage and the amount of compensation payable in respect of it. Minimization of loss or damage 156 (1) In order to minimize any loss or damage suffered by a claimant, the Tribunal may (a) dispose of any portion of the application that concerns loss or damage described in paragraph 153(1)(a) before any portion that concerns any other loss; (b) require that interest be paid on compensation, at a rate set by the Tribunal, from the later of the date the loss or damage occurred and the date that it came to the knowledge of the claimant; and (c) provide for additional compensation (i) for any additional loss or damage, and (ii) for costs, including costs of collecting, that may result from any delay in carrying out the terms of an order determining the amount of compensation. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 5 Wildlife Compensation Applications to Tribunal Sections 156-160 Terms of payment (2) The Tribunal may require compensation to be paid by one lump sum payment or by periodic payments of equal or different amounts and may order that, where the limit referred to in paragraph 153(2)(c) has been met, compensation be prorated. Apportionment of liability (3) If the Tribunal determines that more than one developer caused the loss or damage, it shall apportion liability in accordance with generally accepted legal principles. Deadline 157 The Tribunal shall render a decision on an application within thirty days after completing the hearing of the application. Other Remedies Developer, Minister and Ship-source Oil Pollution Fund 158 (1) Nothing in this Division shall be construed as limiting or restricting any remedy that a developer, the Minister or the Ship-source Oil Pollution Fund may have against any person other than the claimant. Claimant (2) Subject to section 166, this Division is without prejudice to any other right or remedy that a claimant may have under a law of general application. DIVISION 6 General Decisions of the Tribunal Costs 159 The costs relating to an application to or a hearing before the Tribunal that are incurred by the parties are in the discretion of the Tribunal and the Tribunal may, by order, award such costs on or before the final disposition of the application. Reasons for decisions 160 The Tribunal shall give written reasons for every decision that it makes in relation to an application. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 6 General Decisions of the Tribunal Sections 161-166 Copies 161 As soon as practicable after making a decision in relation to an application, the Tribunal shall give copies of the decision and the reasons for it to the parties. Proof of orders 162 A document purporting to be an order or other decision of the Tribunal, or to be certified by the Chairperson of the Tribunal or any other person authorized by the by-laws as a true copy of such a decision, is evidence of the making of the decision and of its contents, without proof of the signature or official character of the person appearing to have signed the decision or certified the copy. Order binding on successor 163 An order of the Tribunal is binding on, and the rights and obligations under it extend to, any person who subsequently acquires the ownership of or other interest or right in the land that is subject to the order and, in the case of an entry order, the right of access and the right for which the right of access was acquired. Enforcement of orders 164 (1) An order of the Tribunal may be made an order of the Nunavut Court of Justice by filing a certified copy of the order with the registrar of the Court and the order is enforceable in the same manner as an order of that Court. Wildlife compensation orders (2) At the request of a claimant, the Tribunal shall file a certified copy of an order made under section 155 with the registrar of the Nunavut Court of Justice. Assistance by Tribunal 165 The Tribunal may provide assistance in the enforcement of an order made under section 155. Review of Orders Findings of fact 166 Subject to sections 167 to 169 and the Federal Courts Act, a determination of the Tribunal on the following questions is final and binding: (a) on any question of fact within its jurisdiction; and (b) in an application under section 155, on any question in relation to loss or damage described in subsection 153(1). 2002, c. 10, ss. 166, 201. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 6 General Review of Orders Sections 167-169 Review by Tribunal 167 The Tribunal may, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, review any of its orders, including an order made under this section, where it appears, in the opinion of the Tribunal, that there has been a material change in the facts or circumstances relating to the order and shall (a) where it determines that there has been a material change in the facts or circumstances relating to the order that would justify the amendment applied for, (i) if the effects on Inuit or on Inuit-owned land that would be caused as a result of the amendment are significantly detrimental, rescind that order and make a new order accordingly, or (ii) in any other case, amend the order accordingly; or (b) in any other case, dismiss the application. Termination 168 The Tribunal shall, on application made by any person who was a party to the hearing held in respect of the order or any successor to such a party referred to in section 163, terminate an entry order under this Part if it is satisfied that the land subject to the order is no longer being used for the purpose for which the order was made. Review of compensation 169 (1) Except where every person to whom notice is given under subsection (2) (a) waives the requirement for a review, or (b) is deemed, under subsection (3), to have waived that requirement, the Tribunal shall review the amount of compensation payable under an order providing for compensation in relation to Inuit-owned lands at the expiry of each five year period after the day on which the order was made. Notice (2) The Tribunal shall, not later than sixty days before the expiry of each period referred to in subsection (1), notify, in writing, each person to whom a copy of the order was sent and any successor to such a person referred to in section 163 who has notified the Tribunal of the succession that (a) the Tribunal intends to review the amount of compensation payable under the order; and Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 2 Nunavut Surface Rights Tribunal DIVISION 6 General Review of Orders Sections 169-170 (b) the person may make written representations in respect of the amount of compensation to the Tribunal within thirty days after the day on which the person receives the notice. Deemed waiver (3) Every person who does not make representations in the manner described in paragraph (2)(b) is deemed to have waived the requirement for a review. Regulations Regulations 170 The Governor in Council may make regulations (a) prescribing what constitutes a material conflict of interest for the purposes of subsection 125(2); (b) respecting the maintenance of public records by the Tribunal; (c) respecting the amount of security that may be required to be given under a term or condition of an order of the Tribunal made under this Part and the nature, form, terms and conditions of the security and the manner in which the security may be realized; (d) prescribing, for the purposes of subsections 140(3) and 147(3), a rate of interest or rules for determining the rate of interest that may be payable on compensation payments; (e) prescribing, for the purposes of paragraph 153(2)(c), limits of liability of developers, or the method for determining such limits, that are sufficient to cover reasonably foreseeable damages in relation to various development activities; and (f) generally, for carrying out the purposes and provisions of this Part. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 3 Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force Sections 171-172 PART 3 Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force Transitional Provisions Continuation of Nunavut Water Board 171 (1) The Board established by section 14 and the Nunavut Water Board established under the Agreement before the day on which this Act is assented to are hereby declared for all purposes to be one and the same body. Acts and decisions of the Board (2) Any act of the Board taken, or any decision made by it under the Agreement, before the day on which this Act is assented to is deemed, to the extent that the act or decision would have been valid under this Act, to have been validly taken or made under this Act. Ministerial approval (3) Any approval to the issuance of a licence by the Board that was given by the Minister before the day on which this Act is assented to is deemed to have been validly given under this Act, to the extent that the approval would have been validly given under this Act with the exception of subsections 56(2) to (2.2). Actions of inspectors (4) Any actions taken in Nunavut by inspectors under the Northwest Territories Waters Act, for the period beginning on July 9, 1996 and ending on the day before the day on which this Act is assented to, are deemed, to the extent that the actions would have been valid under this Act, to have been validly taken under this Act. Licences 172 (1) This Act does not affect licences for the use of waters or the deposit of waste in Nunavut issued under the Northwest Territories Waters Act that were in force immediately before the day on which this Act is assented to. The licences are deemed to have been issued by the Nunavut Water Board under this Act. Pending applications (2) The Nunavut Water Board shall dispose of any application respecting a licence in relation to a use of waters or a deposit of waste to which Part 1 applies that was Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 3 Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force Transitional Provisions Sections 172-174 made to the Northwest Territories Water Board and was pending on July 9, 1996. Existing regulations 173 (1) Until they have been replaced or repealed under this Act, the regulations and orders made under sections 33 and 34 of the Northwest Territories Waters Act that were in force on July 9, 1996 are binding on the Nunavut Water Board from that date, and continue to apply from that date in Nunavut, except in a national park, and the Board shall exercise the powers of the Northwest Territories Water Board under those regulations and orders in relation to Nunavut. Instream use (2) The regulations made under paragraph 33(1)(m) of the Northwest Territories Waters Act are deemed to authorize the unlicensed instream use of waters in Nunavut, except in a national park. Powers of Board (3) During the period of one year following the day on which this Act is assented to, the Nunavut Water Board may, by order, provide that any provision of the regulations made under paragraph 33(1)(m) or (n) of the Northwest Territories Waters Act ceases to apply in relation to Nunavut. Applications not requiring public hearings 174 (1) The regulations made under paragraph 33(1)(c) of the Northwest Territories Waters Act are deemed, in relation to the use of waters or the deposit of waste in Nunavut, to prescribe, as classes of applications that are exempted from the requirement of a public hearing, the classes of applications in relation to the following: (a) in the case of a Type A licence, (i) any amendment that does not affect the use, flow or quality of waters or alter the term of the licence, (ii) any amendment that affects the use, flow or quality of waters or alters the term of the licence, where the Nunavut Water Board, with the consent of the Minister, is of the opinion that an emergency exists that requires the amendment, or (iii) one or several renewals of a total duration not exceeding sixty days; and (b) in the case of a Type B licence, its issuance, amendment, renewal or cancellation. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal PART 3 Transitional Provisions, Consequential and Coordinating Amendments and Coming into Force Transitional Provisions Sections 174-203 Consultation (2) Within one year after the day on which this Act is assented to, the Minister shall, unless regulations have been made under paragraph 82(1)(f) before that time to replace the regulations referred to in subsection (1), consult the Board on the application of subsection (1). Continuation of Nunavut Surface Rights Tribunal 175 The Tribunal established by section 99 and the Nunavut Surface Rights Tribunal established under the Agreement before this Act is assented to are hereby declared for all purposes to be one and the same body. Consequential Amendments 176 to 199 [Amendments] Coordinating Amendments 200 to 202 [Amendments] Coming into Force Coming into force * 203 Subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1) are deemed to have come into force on July 9, 1996. [Note: Act, except subsections 171(2) to (4), section 172 and subsections 173(1) and (2) and 174(1), in force on assent April 30, 2002.] * Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal SCHEDULE 1 SCHEDULE 1 (Subsection 2(1)) For the purposes of the definition designated Inuit organization, the following are the provisions of the Act and the corresponding provisions of the Agreement: (a) section 8, sections 20.2.2, 20.2.4 and 20.3.1; (b) section 13, sections 20.2.4 and 20.3.1; (c) subsection 14(3), section 13.3.1; (d) subsections 17(1) and (2), sections 13.3.1 and 40.2.14; (e) section 19, section 13.3.1; (f) subsection 29(2), sections 13.3.1 and 13.3.6; (g) paragraph 48(3)(d), section 20.2.4; (h) paragraph 56(4)(c), section 20.3.1; (i) section 63, section 20.3.1; (j) section 64, section 20.4.1; (k) subsection 67(2), sections 20.3.1 and 20.4.1; (l) paragraph 76(2)(a), section 20.2.4; (m) subsection 77(4), section 21.9.8; (n) paragraph 79(2)(b), section 20.3.1; (o) subsection 97(1), section 21.2.1; (p) subsection 106(1), section 21.8.8; (q) section 133, section 21.7.11; (r) paragraph 135(1)(b), section 21.2.1; (s) paragraph 136(1)(b), section 21.7.15; (t) subsection 136(4), section 21.7.14; (u) subsection 137(1), section 21.6.1; (v) section 138, section 21.8.4; (w) subparagraph 139(a)(viii), subsection 21.8.3(i); (x) paragraph 140(1)(b), subsection 21.8.3(b); (y) paragraph 140(1)(f), subsection 21.8.3(f); (z) paragraph 140(1)(i), subsection 21.8.3(i); (z.1) paragraph 140(1)(j), subsection 21.8.3(j); (z.2) section 141, section 21.8.5; (z.3) subsection 142(1), section 19.3.1; (z.4) section 150, sections 19.2.3 and 19.2.4; (z.5) subsection 151(1), section 19.9.5; (z.6) subsection 153(3), section 6.4.1; and (z.7) paragraph 155(a), section 6.4.1. Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal SCHEDULE 2 SCHEDULE 2 (Section 18) I, .............. , do solemnly affirm (or swear) that I will faithfully, truly, impartially and honestly and to the best of my judgment, skill and ability, execute and perform the duties required of me as a member of the Nunavut Water Board. (So help me God.) Current to June 20, 2022 Last amended on August 28, 2019 Nunavut Waters and Nunavut Surface Rights Tribunal RELATED PROVISIONS RELATED PROVISIONS — 2015, c. 19, s. 54 Time limits 54 With respect to an application for the issuance, renewal or amendment of a licence that was submitted before the day on which section 44 comes into force, the time limits referred to in section 55.2 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act begin to run from the day of that coming into force. Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION Natural Sciences and Engineering Research Council Act R.S.C., 1985, c. N-21 Current to June 20, 2022 Last amended on June 29, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 29, 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 June 29, 2012 TABLE OF PROVISIONS An Act to establish the Natural Sciences and Engineering Research Council Short Title 1 Short title Interpretation 2 Definitions Constitution of the Council 3 Establishment and membership of Council Functions and Powers 4 Functions of Council Organization 5 Appointment of President Vice-President Salary and expenses of President Head office Meetings Authority of President Executive committee By-laws Appointment of staff Council agent of Her Majesty Application of Public Service Superannuation Act Donations 16 Donations to Council Report to Parliament 18 Annual report Current to June 20, 2022 Last amended on June 29, 2012 ii R.S.C., 1985, c. N-21 An Act to establish the Natural Sciences and Engineering Research Council Short Title Short title 1 This Act may be cited as the Natural Sciences and Engineering Research Council Act. 1976-77, c. 24, s. 24. Interpretation Definitions 2 In this Act, Council means the Natural Sciences and Engineering Research Council established by section 3; (Conseil) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) President means the President of the Council appointed under subsection 5(1); (président) Vice-President means the Vice-President of the Council elected under subsection 6(1). (vice-président) 1976-77, c. 24, s. 25. Constitution of the Council Establishment and membership of Council 3 There is established a corporation, to be called the Natural Sciences and Engineering Research Council, consisting of a president and not more than 18 other members to be appointed by the Governor in Council as provided in section 5. R.S., 1985, c. N-21, s. 3; 2010, c. 12, s. 1761. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council Functions and Powers Sections 4-6 Functions and Powers Functions of Council 4 (1) The functions of the Council are to (a) promote and assist research in the natural sciences and engineering, other than the health sciences; and (b) advise the Minister in respect of such matters relating to such research as the Minister may refer to the Council for its consideration. Powers of Council (2) The Council, in carrying out its functions under subsection (1), may (a) expend, for the purposes of this Act, any money appropriated by Parliament for the work of the Council or received by the Council through the conduct of its operations; and (b) publish and sell or otherwise distribute such scholarly, scientific and technical information relating to the work of the Council as the Council considers necessary. 1976-77, c. 24, s. 27. Organization Appointment of President 5 (1) The President of the Council shall be appointed to hold office for such term, not exceeding five years, as the Governor in Council may determine. Other members (2) Each of the members of the Council, other than the President, shall be appointed to hold office for such term, not exceeding three years, as will ensure as far as possible the expiration in any one year of the terms of appointment of fewer than half of the members so appointed. Eligibility for re-appointment (3) A retiring President or other member is eligible for re-appointment to the Council in the same or another capacity. 1976-77, c. 24, s. 28. Vice-President 6 (1) The Council may, with the approval of the Governor in Council, elect one of its members to be Vice-President of the Council. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council Organization Sections 6-11 Powers of Vice-President (2) In the event of the absence or incapacity of the President or if the office of President is vacant, the Vice-President has all the powers of the President. 1976-77, c. 24, s. 29. Salary and expenses of President 7 (1) The President shall be paid such salary and expenses as are fixed by the Governor in Council. Remuneration and expenses (2) The members of the Council, other than the President, shall serve without remuneration but each of those members is entitled to be paid reasonable travel and other expenses incurred by the member while absent from his ordinary place of residence in the course of his duties under this Act. Remuneration of members for additional duties (3) Notwithstanding subsection (2), a member of the Council, other than the President, may, for any period during which the member performs with the approval of the Council any duties on behalf of the Council in addition to the ordinary duties of the member as such, be paid such remuneration therefor as may be authorized by the Council. 1976-77, c. 24, s. 30. Head office 8 The head office of the Council shall be at such place in Canada as may be designated by the Governor in Council. 1976-77, c. 24, s. 31. Meetings 9 The Council may meet at such times and at such places in Canada as it considers necessary but it shall meet at least twice a year. 1976-77, c. 24, s. 32. Authority of President 10 The President is the chief executive officer of the Council and has supervision over and direction of the work and staff of the Council. 1976-77, c. 24, s. 33. Executive committee 11 (1) There is hereby established an executive committee of the Council consisting of the President, the VicePresident and at least six other members selected by the Council. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council Organization Sections 11-13 Duties of executive committee (2) The executive committee of the Council may exercise such of the powers and perform such of the functions of the Council as the Council may by by-law assign to it and shall submit at each meeting of the Council minutes of its proceedings since the last preceding meeting of the Council. 1976-77, c. 24, s. 34. By-laws 12 (1) Subject to the approval of the Governor in Council, the Council may make by-laws for the regulation of its proceedings and generally for the conduct of its activities, including the establishment of special, standing and other committees of the Council. Advisory committees (2) Any by-law made pursuant to subsection (1) establishing an advisory committee of the Council may provide for the members of the committee to include persons other than members of the Council, in addition to members of the Council. Remuneration of advisory committee members (3) The members of an advisory committee who are not members of the Council may be paid for their services such remuneration and expenses as are fixed by the Governor in Council. 1976-77, c. 24, s. 35. Appointment of staff 13 (1) The Council may (a) appoint such officers and employees as are necessary for the proper conduct of the work of the Council; and (b) prescribe the duties of those officers and employees and the conditions of their employment. Salaries and expenses of staff (2) The officers and employees of the Council appointed as provided in subsection (1) shall be paid such salaries and expenses as are fixed by the Council with the approval of the Governor in Council. Temporary appointments (3) The Council may authorize the President or any other officer of the Council to appoint persons to perform duties of a temporary nature for a period not exceeding six months. 1976-77, c. 24, s. 36; 1978-79, c. 13, s. 29. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council Organization Sections 14-18 Council agent of Her Majesty 14 (1) The Council is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty. Contracts (2) The Council may on behalf of Her Majesty enter into contracts in the name of Her Majesty or in its own name. Property (3) Any property acquired by the Council is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Council. Proceedings (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Council on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Council in the name of the Council in any court that would have jurisdiction if the Council were not an agent of Her Majesty. 1976-77, c. 24, s. 37. Application of Public Service Superannuation Act 15 The Public Service Superannuation Act does not apply to members of the Council unless, in the case of any such member, the Governor in Council otherwise directs. 1976-77, c. 24, s. 38. Donations Donations to Council 16 The Council may acquire money, securities or other property by gift, bequest or otherwise and, notwithstanding anything in this Act, may expend, administer or dispose of the money, securities or other property subject to the terms, if any, on which the money, securities or other property is given, bequeathed or otherwise made available to the Council. R.S., 1985, c. N-21, s. 16; 2001, c. 4, s. 110(F); 2004, c. 25, s. 166(F). 17 [Repealed, 2012, c. 19, s. 174] Report to Parliament Annual report 18 (1) The President shall, within four months after the end of each fiscal year, submit to the Minister a report on the activities of the Council for that fiscal year, including the financial statements of the Council. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council Report to Parliament Section 18 Tabling report (2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., 1985, c. N-21, s. 18; 2012, c. 19, s. 175. Current to June 20, 2022 Last amended on June 29, 2012 Natural Sciences and Engineering Research Council RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 195 Natural Sciences and Engineering Research Council Act 195 The obligations under sections 17 and 18 of the Natural Sciences and Engineering Research Council Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Current to June 20, 2022 Last amended on June 29, 2012

CONSOLIDATION An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River S.C. 2007, c. 31 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River 1 Permission to resume and continue operation Authority of the Canadian Nuclear Safety Commission Current to June 20, 2022 ii S.C. 2007, c. 31 An Act to permit the resumption and continuation of the operation of the National Research Universal Reactor at Chalk River [Assented to 12th December 2007] Preamble Whereas Atomic Energy of Canada Limited is the operator of the National Research Universal Reactor at Chalk River, a reactor that is the major producer of medical isotopes in Canada; Whereas that reactor has been shut down for maintenance purposes and Atomic Energy of Canada Limited is prohibited from resuming the operation of the reactor until conditions of its licence relating to earthquake-proof backup units have been complied with; And whereas the shutdown has created a serious shortage of medical isotopes in Canada and around the world and is putting the health of Canadians at risk; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Permission to resume and continue operation 1 (1) Atomic Energy of Canada Limited may resume and continue the operation of the National Research Universal Reactor at Chalk River in Ontario for a period of 120 days after the coming into force of this Act despite any conditions of its licence under the Nuclear Safety and Control Act relating to the installation of seismically qualified motor starters on the heavy water pumps and the connection to the emergency power supply. Current to June 20, 2022 National Research Universal Reactor at Chalk River Sections 1-2 Safety considerations (2) Atomic Energy of Canada Limited may resume and continue the operation of the National Research Universal Reactor at Chalk River only if it is satisfied that it is safe to do so. Authority of the Canadian Nuclear Safety Commission 2 For greater certainty, nothing in this Act derogates from the authority of the Canadian Nuclear Safety Commission in respect of Atomic Energy of Canada Limited, except for the specific licence conditions mentioned in subsection 1(1). Current to June 20, 2022

CONSOLIDATION National Cemetery of Canada Act S.C. 2009, c. 5 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to recognize Beechwood Cemetery as the national cemetery of Canada 1 Short title National cemetery Description Current to June 20, 2022 ii S.C. 2009, c. 5 An Act to recognize Beechwood Cemetery as the national cemetery of Canada [Assented to 23rd April 2009] Preamble Whereas Beechwood Cemetery is a national place of tribute; Whereas Beechwood Cemetery is recognized by the Canadian Forces as its national military cemetery; Whereas Beechwood Cemetery is recognized by the Royal Canadian Mounted Police as its memorial cemetery; Whereas Beechwood Cemetery contains a national historic site of Canada; Whereas Beechwood Cemetery has demonstrated commitment to respecting the linguistic duality of Canada by means of a consistent and balanced approach to the use and display of Canada’s two official languages; Whereas Beechwood Cemetery reflects the multicultural, multi-faith nature of Canadian society; Whereas Parliament considers a national cemetery to be a worthy final resting place for Governors General, Prime Ministers and recipients of the Canadian Victoria Cross; Whereas Parliament considers that Ottawa, the seat of Canada’s national government and focal point for national memorial events such as those that take place on Remembrance Day, is a fitting location for a national cemetery; And whereas a national cemetery is a symbol of national gratitude, pride and unity; Current to June 20, 2022 National Cemetery of Canada Sections 1-3 Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title 1 This Act may be cited as the National Cemetery of Canada Act. National cemetery 2 Beechwood Cemetery is given honorary recognition as the national cemetery of Canada. Description 3 For the purpose of section 2, Beechwood Cemetery is, under the registry system of Ontario, the area composed of Part of Lot 3, Concession Junction Gore, Part of Lot 2, Concession Junction Gore, Part of Block 23, Plan 92, Part of Blocks 15A and Btn Rds, Plan 92, Ottawa and Vanier. Current to June 20, 2022

CONSOLIDATION National Day of Remembrance Act S.C. 1991, c. 36 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting a national day of remembrance and action on violence against women Short Title 1 Short title National Day of Remembrance 2 National Day of Remembrance Current to June 20, 2022 ii S.C. 1991, c. 36 An Act respecting a national day of remembrance and action on violence against women [Assented to 29th October 1991] WHEREAS on December 6, 1989, fourteen women died as a result of a massacre at the University of Montreal; AND WHEREAS it is important to denounce violence against women; AND WHEREAS the Canadian people wish to reflect on the event in the hope of preventing further violence against women; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the National Day of Remembrance Act. National Day of Remembrance National Day of Remembrance 2 Throughout Canada, in each and every year, the 6th day of December shall be known under the name of "National Day of Remembrance and Action on Violence Against Women". Current to June 20, 2022

CONSOLIDATION New Bridge for the St. Lawrence Act S.C. 2014, c. 20, s. 375 NOTE [Enacted by section 375 of chapter 20 of the Statutes of Canada, 2014, in force on assent June 19, 2014.] Current to June 20, 2022 Last amended on June 22, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 June 22, 2017 TABLE OF PROVISIONS An Act respecting a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge Short Title 1 Short title Interpretation 2 Definitions Designation 3 Power to designate Minister Application 4 Role of Minister Declaration Exemption — Bridges Act Agreements 7 Minister of Public Works and Government Services Implementation Tolls, Fees or Other Charges 9 Payment Charges recoverable Order in Council 11 Other exemptions Regulations 12 Ministerial regulations Current to June 20, 2022 Last amended on June 22, 2017 ii S.C. 2014, c. 20, s. 375 An Act respecting a new bridge in Montreal to replace the Champlain Bridge and the Nuns’ Island Bridge [Assented to 19th June 2014] Short Title Short title 1 This Act may be cited as the New Bridge for the St. Lawrence Act. Interpretation Definitions 2 The following definitions apply in this Act. bridge means a structure that spans the St. Lawrence River and connects the Island of Montreal to the City of Brossard, and includes (a) a bridge that replaces the existing Champlain Bridge and connects Nuns’ Island to the City of Brossard; (b) a bridge that replaces the existing Nuns’ Island Bridge and connects Montreal Island to Nuns’ Island; and (c) the approaches to both bridges. (pont) construction in relation to the bridge or a related work, includes demolition of existing structures and any other work or activity related to its construction. (construction) Minister means the member of the Queen’s Privy Council for Canada designated under section 3. (ministre) Current to June 20, 2022 Last amended on June 22, 2017 New Bridge for the St. Lawrence Interpretation Sections 2-6 operation, in relation to the bridge or a related work, includes its maintenance and repair. (exploitation) person means an individual, corporation, partnership or joint venture. (personne) related work means any of the following: (a) any work that is useful to the operation of the bridge, including a toll facility; (b) any work that is accessory to the bridge or to any work referred to in paragraph (a), including any portion of Highway 15 situated between the approach to the Nuns’ Island Bridge and the Atwater interchange that is reconstructed and widened. (ouvrage connexe) Designation Power to designate Minister 3 The Governor in Council may designate a member of the Queen’s Privy Council for Canada to be the Minister for the purposes of this Act. Application Role of Minister 4 Except as otherwise provided in this Act, the Minister is responsible for the administration of this Act, and the Minister’s powers, duties and functions include all matters relating to the bridge and related works. Declaration 5 The bridge and related works are declared to be works for the general advantage of Canada. Exemption — Bridges Act 6 (1) The Bridges Act does not apply to the bridge and related works. Exemption — Service Fees Act (2) The Service Fees Act does not apply in respect of the tolls, fees and other charges fixed by regulations made under paragraph 12(b). 2014, c. 20, s. 375 “6”; 2017, c. 20, s. 454. Current to June 20, 2022 Last amended on June 22, 2017 New Bridge for the St. Lawrence Agreements Sections 7-10 Agreements Minister of Public Works and Government Services 7 (1) The Minister of Public Works and Government Services may enter into an agreement with any person for any purpose relating to the design, construction or operation of the bridge or any related work, including an agreement respecting the collection of tolls, fees or other charges that may be imposed under this Act. Authority to carry out agreement (2) The Minister of Public Works and Government Services may take any measures that he or she considers appropriate to carry out the agreement or to protect the interests or enforce the rights of Her Majesty in right of Canada under the agreement, including accepting and holding on behalf of Her Majesty any security granted under the agreement or releasing or realizing on that security. Not agent of Her Majesty (3) A person who enters into an agreement with the Minister of Public Works and Government Services under this section is not an agent of Her Majesty in right of Canada. Implementation 8 The Minister may enter into any agreement that relates to the bridge or related work, or that is necessary for the implementation of an agreement entered into under section 7, with any person or with the government of the Province of Quebec or any municipality of that Province or any of their agencies or mandataries. Tolls, Fees or Other Charges Payment 9 Any owner of a vehicle using the bridge must pay any toll, fee or other charge that is applicable to the vehicle under this Act. Charges recoverable 10 A toll, fee or other charge charged under this Act constitutes a debt owing to Her Majesty in right of Canada, and the amount of that debt is recoverable in any court of competent jurisdiction. Current to June 20, 2022 Last amended on June 22, 2017 New Bridge for the St. Lawrence Order in Council Sections 11-12 Order in Council Other exemptions 11 (1) The Governor in Council may, by order, exempt any person, on any condition that the Governor in Council considers to be in the public interest, from any requirement under any federal Act to obtain a permit, licence, approval or other authorization in relation to the construction of the bridge or any related work. Exemption from Statutory Instruments Act (2) The Statutory Instruments Act does not apply to the order. However, the order must be published in the Canada Gazette. Authorizations deemed issued (3) After completion of the construction of the bridge or the related work, as the case may be, any authorization that would have been required in relation to its construction but for an exemption granted under subsection (1) is deemed to have been issued for the purpose of the application of the federal Act for which the exemption was granted. Regulations Ministerial regulations 12 The Minister may make regulations (a) designating the contravention of any provision of this Act as an offence punishable on summary conviction and fixing the maximum fine payable for each offence; and (b) fixing any tolls, fees or other charges to be charged with respect to vehicles, or categories of vehicles, using the bridge. Current to June 20, 2022 Last amended on June 22, 2017

CONSOLIDATION New Brunswick Indian Reserves Agreement Act S.C. 1959, c. 47 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to confirm an Agreement between the Government of Canada and the Government of the Province of New Brunswick respecting Indian Reserves 1 Agreement ratified and confirmed SCHEDULE APPENDIX Current to June 20, 2022 ii S.C. 1959, c. 47 An Act to confirm an Agreement between the Government of Canada and the Government of the Province of New Brunswick respecting Indian Reserves [Assented to 18th July 1959] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Agreement ratified and confirmed 1 The Agreement between the Government of Canada and the Government of the Province of New Brunswick, set out in the Schedule, is ratified and confirmed, and it shall take effect according to its terms. Current to June 20, 2022 New Brunswick Indian Reserves Agreement SCHEDULE SCHEDULE MEMORANDUM OF AGREEMENT MA BETWEEN THE GOVERNMENT OF CANADA hereinafter referred to as “ AND THE GOVERNMENT OF THE PROVINCE OF NEW BRUNSW WHEREAS since the enactment of the British North America Act for Indians have been surrendered to the Crown by the Indians en AND WHEREAS from time to time Letters Patent have been iss lands to various persons; AND WHEREAS two decisions of the Judicial Committee of the P and Quebec lead to the conclusion that said lands could only have result that the grantees of said lands hold defective titles and are t NOW THIS AGREEMENT WITNESSETH that the parties heret reserves in the Province of New Brunswick and to enable Canada serves, have mutually agreed subject to the approval of the Par Brunswick as follows: 1 In this agreement, unless the context otherwise requires, (a) “Province” means the Province of New Brunswick; (b) “reserve lands” means those reserves in the Province referr (c) “patented lands” means those tracts of land in the Provinc and interests therein from the Indians entitled to the use and Letters Patent issued under the Great Seal of Canada; (d) “minerals” includes salt, oil, natural gas, infusorial earth, carbonate of lime, sulphate of lime, gypsum, coal, bituminous (e) “Indian Act” means the Indian Act, Revised Statutes of Ca any re-enactment, revision or consolidation thereof; (f) “surrender” means the surrender for sale of reserve lands clude a surrender of rights and interests in reserve lands for pu (g) “public highways” means every road and bridge in reserv Province or any municipality in the Province and in existence a 2 All grants of patented lands are hereby confirmed except in so als and said minerals are hereby acknowledged to be the property 3 New Brunswick hereby transfers to Canada all rights and inte public highways, and minerals. 4. (1) In the event that a band of Indians in the Province becom interests transferred to it under this agreement in the reserve land (2) For the purposes of subparagraph (1) a band does not become 5 The mining regulations made from time to time under the Indi all minerals in unsurrendered reserve lands and all minerals rese Current to June 20, 2022 New Brunswick Indian Reserves Agreement SCHEDULE made pursuant to such regulations whether by way of rent, royal for the use and benefit of the Indian band or Indians from whose 6. (1) Canada shall forthwith notify New Brunswick of any sur such notification elect to purchase the surrendered lands at a pric (2) If New Brunswick fails to elect within such thirty-day period reference to New Brunswick. (3) Where a surrender is made under the condition that the surr tain price or for a certain consideration, New Brunswick shall exe (4) Subject to subparagraph (3) of this paragraph, should Canada an election to purchase being made, to reach agreement on the p matter shall be referred to arbitrators as follows: (a) Canada and New Brunswick shall each appoint one arbitr arbitrator; (b) the decision of the arbitrators as to the price to be paid conclusive; and (c) the costs of arbitration shall be borne equally by Canada an IN WITNESS WHEREOF the Honourable Davie Fulton, Acting hand on behalf of the Government of Canada and the Honourabl unto set his hand on behalf of the Government of the Province of Signed on behalf of the Government of Canada by The Hono Davie Fulton, Acting Minister of Citizenship and Immigration presence of “Laval Fortier” Signed on behalf of the Government of the Province of New Brunswick by the Honourable Norman B. Buchanan, Minister Lands and Mines in the presence of “W. W. McCormack” APPENDIX RESERVE NO. 11 NAME OF RESERVE PABINEAU.................................... In the north ly 2 m POKEMOUCHE............................. In the the so east o EEL RIVER..................................... In the mouth Office ST. BASILE (Edmundston).......... Along limits TOBIQUE...................................... In the bique Current to June 20, 2022 New Brunswick Indian Reserves Agreement SCHEDULE RESERVE NO. 23 NAME OF RESERVE WOODSTOCK............................... In the proxim KINGSCLEAR (French Village).... In the No. 2, THE BROTHERS........................... Two s They l RICHIBUCTO................................. In the Richib Post O BUCTOUCHE................................ In the touche with s touche Current to June 20, 2022 INDIAN POINT.............................. In the appro Sunny EEL GROUND............................... In the west B of its ramich RED BANK.................................... In the lage o River RED BANK.................................... In the in the River BIG HOLE TRACT......................... In the River Sevog TABUSINTAC............................... In the west miles BURNT CHURCH.......................... In the at its m the R Cache RENOUS....................................... In the west M New Brunswick Indian Reserves Agreement SCHEDULE (French) ANNEXE (Traduction) MÉMORANDUM DE LA CONVENTION ENTRE LE GOUVERNEMENT DU CANADA, ci-après, aux présentes, ET LE GOUVERNEMENT DE LA PROVINCE DU NOUVEAU-BR wick », CONSIDÉRANT que, depuis l’adoption de l’Acte de l’Amérique d Nouveau-Brunswick, mises à part pour les Indiens, ont été cédées CONSIDÉRANT que des lettres patentes, censées transférer lesd vrées sous le Grand Sceau du Canada; ET CONSIDÉRANT que deux décisions du Comité judiciaire du d’Ontario et de Québec, amènent à conclure que lesdites terres Nouveau-Brunswick, en conséquence de quoi les cessionnaires d privations et inconvénients en l’espèce; À CES CAUSES, LA PRÉSENTE CONVENTION FAIT FOI QUE cours relatifs aux réserves indiennes dans la province du Nouveau mesures efficaces à l’égard des terres faisant partie desdites réser et de la Législature de la province du Nouveau-Brunswick, de ce q 1 Dans la présente convention, à moins que le contexte n’exige un a) « province » désigne la province du Nouveau-Brunswick; b) l’expression « terres de réserve » désigne les réserves, d convention; c) l’expression « terres visées par lettres patentes » désigne Canada a accepté, de la part des Indiens fondés à en faire usag rents, et au sujet desquelles des concessions furent faites au Canada; d) l’expression « minéraux » comprend le sel, le pétrole, le gaz base se trouve dans le sol, les argiles réfractaires, les carbonat bitumineux, l’albertite et l’uranium, mais non le sable, le gravie e) « Loi sur les Indiens » désigne la Loi sur les Indiens, chap sion, et comprend tout texte réédicté, toute révision ou codifica f) « cession » signifie la cession en vue de la vente de terres d la Loi sur les Indiens, mais ne comprend pas une cession des d la vente; g) l’expression « routes publiques » désigne tous chemins et par la province ou quelque municipalité y située et à ses frais, e 2 Toutes les concessions de terres visées par lettres patentes s concessions sont censées transférer des minéraux aux cessionna étant la propriété de la province. 3 Le Nouveau-Brunswick transfère par les présentes au Canada serve, sauf celles qui se trouvent sous les routes publiques, et les m 4. (1) Au cas où une bande d’Indiens de la province s’éteindra droits et intérêts à lui transférés, selon la présente convention, da sa disparition. (2) Aux fins de l’alinéa (1), une bande ne disparaît pas du fait de s Current to June 20, 2022 New Brunswick Indian Reserves Agreement SCHEDULE (French) 5 Les règlements miniers, édictés de temps à autre en vertu de la autres opérations concernant tous minéraux dans des terres de concessions mentionnées au paragraphe (2). Tout paiement effec vance ou autrement, doit être versé au Receveur général du Can dont les terres de réserve fournissent ainsi ces montants. 6. (1) Le Canada doit aussitôt notifier au Nouveau-Brunswick to de la réception d’un tel avis, choisir d’acheter les terres cédées à u (2) Si le Nouveau-Brunswick n’exerce pas son choix dans ledit sans se référer davantage au Nouveau-Brunswick. (3) Quand une cession est faite à la condition que les terres cédée certain prix ou moyennant une certaine cause ou considération, prix ou de ladite cause ou considération. (4) Sous réserve de l’alinéa (3) du présent paragraphe, si le Ca jours de la date où l’on a opté pour un achat, de s’entendre sur l dées, la question doit être soumise à des arbitres de la manière su a) le Canada et le Nouveau-Brunswick désigneront chacun u troisième; b) la décision des arbitres sur le prix que doit payer le Nouv toire; et c) les frais d’arbitrage seront supportés, à parts égales, par le C EN FOI DE QUOI l’honorable Davie Fulton, ministre suppléant d présentes, au nom du gouvernement du Canada, et l’honorable N présentes au nom du gouvernement de la province du Nouveau-B Signé, au nom du gouvernement du Canada, par l’honorable Fulton, ministre suppléant de la Citoyenneté et de l’Immigrat présence de « Laval Fortier » Signé, au nom du gouvernement de la province du Nouveau Brunswick, par l’honorable Norman B. Buchanan, ministre de et des Mines, en présence de « W. W. McCormack » APPENDICE NO DE LA RÉSERVE 11 NOM DE LA RÉSERVE PABINEAU.................................... Dans quit, i la rivi Glouc POKEMOUCHE............................. Dans lond d l’est d RIVIÈRE EEL.................................. Dans Eel, à du bu ST-BASILE (Edmundston)........... Le lon est d’E Current to June 20, 2022 New Brunswick Indian Reserves Agreement SCHEDULE (French) NO DE LA RÉSERVE NOM DE LA RÉSERVE TOBIQUE....................................... Dans vière WOODSTOCK............................... Dans enviro KINGSCLEAR (French Village).... Dans vincia ry, N.18 THE BROTHERS............................ Deux Jean. RICHIBUCTO................................. Dans vière vière la rése BUCTOUCHE................................ Dans rivière dernie de Bu INDIAN POINT.............................. Dans michi ny-Co EEL GROUND............................... Dans nord-o conflu vière RED-BANK.................................... Dans lage d chi pr Miram RED-BANK.................................... Dans nord-e South Bank. BIG-HOLE-TRACT......................... Dans vière vogle TABUSINTAC................................ Dans Tabus enviro BURNT-CHURCH.......................... Dans Churc 11 ent vière12 Current to June 20, 2022 RENOUS........................................ Dans vière Renou

CONSOLIDATION Northern Transportation Company Limited Disposal Authorization Act S.C. 1985, c. 35 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to authorize the disposal of the Northern Transportation Company Limited and the forgiveness of its debt to Her Majesty and to amend other Acts in consequence thereof Short Title 1 Short title Interpretation 2 Definitions Authorization of Disposal 3 Sale of shares Sale or other disposal of assets Forgiveness of Debt 5 Forgiveness of debt Adjustment of Accounts 6 Adjustment to accounts of Canada Consequential 7 Agency status revoked Prescribed federal Crown corporation status revoked Commencement *11 Commencement SCHEDULE Current to June 20, 2022 ii S.C. 1985, c. 35 An Act to authorize the disposal of the Northern Transportation Company Limited and the forgiveness of its debt to Her Majesty and to amend other Acts in consequence thereof [Assented to 28th June 1985] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Northern Transportation Company Limited Disposal Authorization Act. Interpretation Definitions 2 In this Act, Corporation means the Northern Transportation Company Limited, a corporation continued under the Canada Business Corporations Act; (Société) Minister means the Minister of Transport. (ministre) Authorization of Disposal Sale of shares 3 (1) The Minister is hereby authorized to sell, on such terms and conditions as are approved by the Governor in Council, any or all of the shares of the Corporation held by the Minister in trust for Her Majesty. Current to June 20, 2022 Northern Transportation Company Limited Disposal Authorization Authorization of Disposal Sections 3-4 Transfer (2) For the purposes of effecting a sale authorized by subsection (1), all property, whether real or personal, rights and interests of Her Majesty used in the business of the Corporation immediately prior to the coming into force of this subsection are transferred from Her Majesty to the Corporation. Exemptions (3) The Governor in Council may, by order, exempt any property, rights or interests of Her Majesty from the application of subsection (2) and transfer the control, management and administration thereof from the Corporation to any Minister or department of the Government of Canada or to any other person or body. Cost of transfer (4) For the purposes of the Income Tax Act, the Income Tax Application Rules, 1971 and the Income Tax Regulations, (a) the property transferred to the Corporation by subsection (2) is deemed to have been owned by the Corporation throughout the period during which the property was property of Her Majesty administered by the Corporation; (b) the cost amount to the Corporation of that property, other than any such property that is depreciable property, immediately after the transfer thereof to the Corporation is deemed to be the cost amount thereof to Her Majesty immediately prior to the transfer; and (c) the adjusted cost base and cost amount to the Corporation of any such property that is depreciable property, immediately after the transfer thereof to the Corporation, are deemed to be the amounts that may reasonably be regarded as the adjusted cost base and cost amount to Her Majesty in respect of the property immediately prior to that transfer. Sale or other disposal of assets 4 (1) The Minister may, at any time prior to a sale of shares authorized by section 3, direct the Corporation to sell or otherwise dispose of any or all of the assets of the Corporation, including shares of any other corporation held by the Corporation, on such terms and conditions as are approved by the Governor in Council. Compliance with direction (2) On receiving a direction under subsection (1), the Corporation is hereby authorized to sell or dispose of the Current to June 20, 2022 Northern Transportation Company Limited Disposal Authorization Authorization of Disposal Sections 4-6 assets of the Corporation in accordance with the direction and shall comply with the direction. Provisions not applicable (3) Subsections 183(2) to (8) of the Canada Business Corporations Act and subsections 108(2) to (5) of the Financial Administration Act do not apply in respect of any sale or other disposal of assets of the Corporation authorized by subsection (2). Forgiveness of Debt Forgiveness of debt 5 (1) The Minister is hereby authorized to forgive and write off, in whole or in part, any debt or obligation of the Corporation due to Her Majesty or any claim by Her Majesty against the Corporation. Regulations not applicable (2) The regulations made pursuant to subsection 18(1) of the Financial Administration Act do not apply in respect of any writing off of a debt, obligation or claim authorized by subsection (1). Repayment of debt (3) For the purposes of the Income Tax Act, the amount of any debt, obligation or claim, other than interest owing, forgiven and written off pursuant to this section is deemed to have been repaid in full by the Corporation immediately before it was so forgiven and written off. Report in Public Accounts (4) Any debt, obligation or claim forgiven and written off pursuant to this section in a fiscal year shall be reported, in such form as the Treasury Board may determine, in the Public Accounts for that year. Adjustment of Accounts Adjustment to accounts of Canada 6 The Minister, after consultation with the President of the Treasury Board, shall cause such adjustments to be made in the accounts of Canada as are required as a result of a sale of shares, or a sale or other disposal of assets, of the Corporation authorized by this Act. Current to June 20, 2022 Northern Transportation Company Limited Disposal Authorization Consequential Sections 7-11 Consequential Agency status revoked 7 The Government Companies Operation Act ceases to apply to the Corporation and the Corporation ceases to be an agent of Her Majesty. Prescribed federal Crown corporation status revoked 8 (1) Section 27 and subsection 124(3) of the Income Tax Act cease to apply to the Corporation and the Corporation ceases to be a prescribed federal Crown corporation for the purposes of those provisions. Transitional (2) For the purposes of applying section 124 of the Income Tax Act to the Corporation with respect to the taxation year of the Corporation during which this section comes into force, the Corporation’s taxable income earned in the year in a province is that proportion of the amount thereof otherwise determined in accordance with that section that the number of days in that year on or after the day on which this section comes into force is of the number of days in the whole of that year. 9 [Repealed, 1988, c. 38, s. 101] 10 [Amendments to other Acts] Commencement Commencement 11 Subsections 3(2) and (4) and sections 7 to 10 shall come into force on a day to be fixed by proclamation. * [Note: Section 7 in force July 14, 1985, subsections 3(2) and (4) and sections 8 to 10 in force July 15, 1985, see SI/85-141.] * Current to June 20, 2022 Northern Transportation Company Limited Disposal Authorization SCHEDULE SCHEDULE [Amendments to other Acts] Current to June 20, 2022

CONSOLIDATION Northwest Territories Act [Repealed, 2014, c. 2, s. 65] Current to June 20, 2022 Last amended on April 1, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the Northwest Territories Current to June 20, 2022 Last amended on April 1, 2014 ii

CONSOLIDATION An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) S.C. 2021, c. 11 Current to June 20, 2022 Last amended on August 3, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 3, 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 3, 2021 TABLE OF PROVISIONS An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) Purpose of this Act 1 Purpose Bills of Exchange Act Interpretation Act Canada Labour Code Coming into Force 6 Two months after royal assent Current to June 20, 2022 Last amended on August 3, 2021 ii S.C. 2021, c. 11 An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) [Assented to 3rd June 2021] Purpose of this Act Purpose 1 The purpose of this Act is to respond to the Truth and Reconciliation Commission of Canada’s call to action number 80 by creating a holiday called the National Day for Truth and Reconciliation, which seeks to honour First Nations, Inuit and Métis Survivors and their families and communities and to ensure that public commemoration of their history and the legacy of residential schools remains a vital component of the reconciliation process. R.S., c. B-4. Bills of Exchange Act 2 [Amendments] R.S., c. I-21. Interpretation Act 3 [Amendments] R.S., c. L-2. Canada Labour Code 4 [Amendments] 5 [Amendments] Current to June 20, 2022 Last amended on August 3, 2021 An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) Coming into Force Section 6 Coming into Force Two months after royal assent 6 This Act comes into force on the day that, in the second month after the month in which it receives royal assent, has the same calendar number as the day on which it receives royal assent or, if that second month has no day with that number, the last day of that second month. Current to June 20, 2022 Last amended on August 3, 2021

CONSOLIDATION Nelson House First Nation Flooded Land Act S.C. 1997, c. 29 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the Nelson House First Nation and the settlement of matters arising from an agreement relating to the flooding of land Short Title 1 Short title Interpretation 2 Definitions Exemptions 3 Indian moneys Subsection 35(4) of the Indian Act Section 36 of the Indian Act Claims 6 Claims Arbitration 7 Arbitration Current to June 20, 2022 ii S.C. 1997, c. 29 An Act respecting the Nelson House First Nation and the settlement of matters arising from an agreement relating to the flooding of land [Assented to 25th April 1997] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Nelson House First Nation Flooded Land Act. Interpretation Definitions 2 The definitions in this section apply in this Act. agreement means the agreement concluded between (a) Her Majesty in right of Canada, (b) Her Majesty in right of Manitoba, (c) the Manitoba Hydro-Electric Board, and (d) the Nelson House First Nation, pursuant to negotiations relating to the comprehensive implementation of the Flood Agreement. (accord) Flood Agreement means the agreement concerning the flooding of land concluded between (a) Her Majesty in right of Canada, (b) Her Majesty in right of Manitoba, Current to June 20, 2022 Nelson House First Nation Flooded Land Interpretation Sections 2-6 (c) the Manitoba Hydro-Electric Board, and (d) the Northern Flood Committee, Inc. and signed on December 16, 1977. (Convention) Exemptions Indian moneys 3 (1) Amounts paid to the Nelson House First Nation pursuant to the agreement, whether before or after the coming into force of this Act, are not Indian moneys within the meaning of subsection 2(1) of the Indian Act. Transfer of amounts held (2) As soon as practicable after the coming into force of this Act, all amounts collected, received or held by Her Majesty in right of Canada for the use or benefit of the Nelson House First Nation pursuant to the agreement shall be transferred to the Nelson House First Nation in accordance with the agreement. Subsection 35(4) of the Indian Act 4 Subsection 35(4) of the Indian Act does not apply in respect of any amount paid, whether before or after the coming into force of this Act, to the Nelson House First Nation pursuant to the agreement. Section 36 of the Indian Act 5 Where land is held or transferred pursuant to the agreement, section 36 of the Indian Act does not apply in respect of that land if the holder or transferee of the land, or any subsequent holder or transferee of the land, is not Her Majesty in right of Canada. Claims Claims 6 A claim provided for by both the Flood Agreement and the agreement may be exercised by (a) the council of the Nelson House First Nation, (b) the Nelson House First Nation, (c) any person who is a member of the Nelson House First Nation, (d) any group or unincorporated association that is wholly or substantially comprised of members of the Nelson House First Nation, Current to June 20, 2022 Nelson House First Nation Flooded Land Claims Sections 6-7 (e) any unincorporated association established by the council of the Nelson House First Nation, (f) any share capital corporation the shares of which are wholly or substantially owned and controlled by the Nelson House First Nation or members of the Nelson House First Nation, and (g) any non-share capital corporation the membership of which consists wholly or substantially of the Nelson House First Nation or members of the Nelson House First Nation only in accordance with the agreement. Arbitration Arbitration 7 Except as otherwise provided in the agreement, the legislation of Manitoba relating to arbitration applies in respect of any dispute between the parties to the agreement that, under the terms of the agreement, is to be settled by way of arbitration. Current to June 20, 2022

CONSOLIDATION Northern Pipeline Act R.S.C., 1985, c. N-26 Current to June 20, 2022 Last amended on August 28, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 28, 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 28, 2019 TABLE OF PROVISIONS An Act to establish the Northern Pipeline Agency, to facilitate the planning and construction of a pipeline for the transmission of natural gas from Alaska and Northern Canada and to give effect to the Agreement between Canada and the United States of America on principles applicable to a Northern natural gas pipeline Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Objects 4 Objects PART I Northern Pipeline Agency Establishment of Agency 5 Agency established Commissioner Designated officer‘s powers Regulator — substitute commissioner Acting Commissioner or Administrator Powers of Minister Offices 11 Offices Staff 12 Separate employer Annual Report 14 Annual report Transfer of Powers 15 Transfer of powers Current to June 20, 2022 Last amended on August 28, 2019 ii Northern Pipeline TABLE OF PROVISIONS Exercise of powers by departments and other agencies No taxing authority transferred Federal-Provincial Consultative Council 18 Council to be established Advisory Councils 19 Establishment and composition Canadian Energy Regulator 20 Directions to the Regulator Certificates 21 Certificate issued Powers of designated officer Publication and report Judicial Matters 24 Decision or order final Native Claims 25 Native claims unaffected Penalties 26 Notice of failure to comply Right of appeal Debt due Her Majesty Cost Recovery 29 Costs of Agency to be recovered Where Minister may perform terms and conditions PART II Traffic, Tolls and Tariffs Application 31 Application Consultation 32 Consultation with United States regulatory authorities Tolls and Tariffs 33 Commission of the Regulator to apply Agreement Rate of return Prior approval Regulations 36 Regulations Current to June 20, 2022 Last amended on August 28, 2019 iv Northern Pipeline TABLE OF PROVISIONS PART III Real Property 37 Commissioner’s lands PART IV General Offences 38 Offences Transitional 39 Transitional Termination of Part I 40 Part I ceases to apply SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline ANNEX I The Pipeline Route ANNEX II Zones for the Pipeline and the Dempster Line in Canada ANNEX III* Cost Allocation in Zone 11 ANNEX IV Direct Charges by Public Authorities ANNEX V SCHEDULE II Companies SCHEDULE III Terms and Conditions Current to June 20, 2022 Last amended on August 28, 2019 v R.S.C., 1985, c. N-26 An Act to establish the Northern Pipeline Agency, to facilitate the planning and construction of a pipeline for the transmission of natural gas from Alaska and Northern Canada and to give effect to the Agreement between Canada and the United States of America on principles applicable to a Northern natural gas pipeline Short Title Short title 1 This Act may be cited as the Northern Pipeline Act. 1977-78, c. 20, s. 1. Interpretation Definitions 2 (1) In this Act, Administrator means the Administrator of the Agency appointed or designated pursuant to subsection 6(2); (Directeur) Agency means the Northern Pipeline Agency established by subsection 5(1); (Administration) Agreement means the Agreement between Canada and the United States dated September 20, 1977, set out in Schedule I, and includes any exchange of notes between Canada and the United States amending Annex III of the Agreement to give effect to a report of the National Energy Board, dated February 17, 1978, in which the National Energy Board indicated it would include in its decision approving, under this Act, pipeline specifications, a requirement for a 56 inch diameter pipe with a maximum allowable operating pressure of 1,080 psi for that portion of the pipeline between Whitehorse, Yukon and Caroline, Alberta; (Accord) Board [Repealed, 2019, c. 28, s. 116] Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline Interpretation Section 2 Commissioner means the Commissioner of the Agency appointed pursuant to subsection 6(1); (Directeur général) company means a company to which a certificate of public convenience and necessity is declared to be issued by subsection 21(1) in respect of the pipeline; (compagnie) designated officer means the commissioner of the Regulator who is designated under subsection 6(2) as Administrator or under subsection 6(4) as a deputy to the Administrator; (fonctionnaire désigné) Hearing means the hearings before the National Energy Board in respect of applications for certificates of public convenience and necessity for the construction and operation of certain natural gas pipelines that resulted in a publication of the National Energy Board under date of June, 1977 in three volumes entitled “Reasons for Decision, Northern Pipelines”; (Audience) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) pipeline means the pipeline for the transmission of natural gas from Alaska across Canada along the route set out in Annex I to the Agreement and includes all branches, extensions, tanks, reservoirs, storage facilities, pumps, racks, compressors, loading facilities, interstation systems of communication by telephone, telegraph or radio, and real and personal property and works connected therewith; (pipe-line) Regulator means the Canadian Energy Regulator established under the Canadian Energy Regulator Act. (Régie) References (2) For the purposes of this Act, a reference in this Act or in any schedule to this Act to the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, or any provision of that Act shall be construed as a reference to that Act or provision as it read immediately before the coming into force of section 46 of the Investment Canada Act, chapter 20 of the Statutes of Canada, 1985. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline Interpretation Sections 2-4 Deeming (3) For the purposes of the Agreement set out in Schedule I to this Act, the Regulator is deemed to be the National Energy Board. R.S., 1985, c. N-26, s. 2; R.S., 1985, c. 28 (1st Supp.), s. 50; 2002, c. 7, s. 212(E); 2019, c. 28, s. 116. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty. 1977-78, c. 20, s. 2. Objects Objects 4 The objects of this Act are (a) to carry out and give effect to the Agreement; (b) to carry out, through the Agency, federal responsibilities in relation to the pipeline; (c) to facilitate the efficient and expeditious planning and construction of the pipeline taking into account local and regional interests, the interests of the residents, particularly the native people, and recognizing the responsibilities of the Government of Canada and other governments, as appropriate, to ensure that any native claim related to the land on which the pipeline is to be situated is dealt with in a just and equitable manner; (d) to facilitate, in relation to the pipeline, consultation and coordination with the governments of the provinces, Yukon and the Northwest Territories; (e) to maximize the social and economic benefits from the construction and operation of the pipeline including the maximizing of the opportunities for employment of Canadians while at the same time minimizing any adverse effect on the social and environmental conditions of the areas most directly affected by the pipeline; and (f) to advance national economic and energy interests and to maximize related industrial benefits by ensuring the highest possible degree of Canadian participation in all aspects of the planning and construction of, and procurement for, the pipeline while ensuring that the procurement of goods and services for the pipeline will be on generally competitive terms. R.S., 1985, c. N-26, s. 4; 2002, c. 7, s. 213. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline Objects Sections 4-6 PART I Northern Pipeline Agency Establishment of Agency Agency established 5 (1) There is hereby established an agency of the Government of Canada called the Northern Pipeline Agency over which the Minister shall preside. Minister (2) The Minister has the management and direction of the Agency. 1977-78, c. 20, s. 4. Commissioner 6 (1) The Governor in Council may appoint an officer to be called the Commissioner of the Agency to be the deputy of the Minister and the Commissioner shall rank as and have all the powers of a deputy head of a department. Administrator (2) The Governor in Council may, by order, (a) appoint an officer to be called the Administrator of the Agency; or (b) designate one of the commissioners of the Regulator to be the Administrator of the Agency. Duties of Administrator (3) The Administrator shall, under the Commissioner, exercise and perform such of the powers, duties and functions of the Minister under this Act as the Minister may specify. Deputy to the Administrator (4) If the Governor in Council does not designate a commissioner of the Regulator to be the Administrator, the Governor in Council may, by order, designate one of the commissioners of the Regulator to be a deputy to the Administrator. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Establishment of Agency Sections 6-9 Non-application (5) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to the commissioner of the Regulator designated as Administrator or as a deputy to the Administrator. R.S., 1985, c. N-26, s. 6; 2019, c. 28, s. 117. Designated officer‘s powers 7 (1) The designated officer may, in respect of the pipeline, exercise any of the powers, and perform any of the duties or functions, of the Regulator under the Canadian Energy Regulator Act — except those referred to in sections 80 to 86, 92 and 95 to 98, subsection 99(2), section 100, subsections 101(3), 102(3) and 103(2) to (4), sections 109 to 112, 115 to 173 and 181, subsections 183(1), (2), (4) to (6) and (8) to (11), sections 184, 186, 187, 195 to 197, 213, 214, 225 to 240, subsections 241(1) and (4), section 245 and Parts 7 and 9 of that Act — that may be delegated to him or her by order of the Regulator. Certification of documents (2) The designated officer may, in respect of the pipeline, certify copies of (a) the approved plan, profile and book of reference for the purpose of paragraph 198(d) of the Canadian Energy Regulator Act; and (b) any permit issued under subsection 208(2) of that Act. R.S., 1985, c. N-26, s. 7; 2012, c. 19, s. 112; 2019, c. 28, s. 118. Regulator — substitute commissioner 8 If a commissioner of the Regulator is designated to be the Administrator or a deputy to the Administrator, the Governor in Council may appoint, on any terms and conditions that the Governor in Council may prescribe, a temporary substitute commissioner of the Regulator in place of that commissioner of the Regulator. R.S., 1985, c. N-26, s. 8; 1993, c. 34, s. 97; 2019, c. 28, s. 118. Acting Commissioner or Administrator 9 (1) Subject to subsection (2), in the event of the absence or incapacity of the Commissioner or Administrator or if either office is vacant, the Governor in Council may designate a person to act as Commissioner or Administrator for the time being and the person so designated has all the powers, duties and functions of the Commissioner or Administrator, unless the Governor in Council specifies otherwise. Acting designated officer (2) If the designated officer is absent or incapacitated, the Governor in Council may designate another Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Establishment of Agency Sections 9-11 commissioner of the Regulator to act as the Administrator or as a deputy to the Administrator, as the case may be, and the person so designated has all the powers, duties and functions of the Administrator or that deputy including the powers, duties and functions of the Regulator that were delegated to the Administrator or that deputy, unless the Governor in Council specifies otherwise. Non-application (3) Paragraph 29(c) of the Canadian Energy Regulator Act does not apply to a commissioner of the Regulator designated under subsection (2). R.S., 1985, c. N-26, s. 9; 2019, c. 28, s. 119. Powers of Minister 10 The Minister may (a) exercise such of the powers and carry out such of the duties and functions, in relation to the pipeline only, of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are from time to time transferred to him by order of the Governor in Council; (b) hold consultations with the governments of the provinces, Yukon and the Northwest Territories to coordinate and review the activities of the Agency and those governments in relation to the pipeline; (c) enter into such agreements with the government of a province, or with the government of Yukon or the Northwest Territories after consultation with the Legislature of Yukon or the Northwest Territories, as may be necessary to facilitate the attainment of the objects of this Act and to provide for coordination and review of the activities of the Agency and those governments in relation to the pipeline; (d) oversee and survey all aspects of the planning and construction of, and procurement for, the pipeline; and (e) in order to carry out the obligations of Canada contained in the Agreement, consult with the appropriate authorities of the United States on any matter arising under the Agreement. R.S., 1985, c. N-26, s. 10; 2002, c. 7, s. 214; 2014, c. 2, s. 19. Offices Offices 11 Offices of the Agency may be established at such places in Canada as the Minister considers appropriate. 1977-78, c. 20, s. 10. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Staff Sections 12-14 Staff Separate employer 12 (1) The Agency may employ such professional, scientific, technical and other officers and employees as it considers necessary for the purposes of this Act, fix their tenure of employment and their duties and, with the approval of the Treasury Board, fix and pay their remuneration. Technical assistance (2) The Agency may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the Agency in the performance of its duties and, with the approval of the Treasury Board, may fix and pay the remuneration and expenses of those persons. Public Service Superannuation Act (3) Each person employed under subsection (1) is deemed to be employed in the public service for the purposes of the Public Service Superannuation Act. Application of other Acts (4) Each person employed under subsection (1) is deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act. Secondment and advice and assistance (5) The Governor in Council may, on the request of the Minister, direct any department or agency of the Government of Canada to second to the Agency, for specified periods, officers and employees necessary for the proper conduct of the work of the Agency and the Agency may, subject to any provisions relating to privileged information in any other Act, obtain the advice and assistance of any department or agency of the Government of Canada. R.S., 1985, c. N-26, s. 12; 2003, c. 22, ss. 224(E), 225(E). Annual Report 13 [Repealed, 2012, c. 19, s. 177] Annual report 14 The Minister shall, on or before December 31 next following the end of each fiscal year, prepare a report on the operations of the Agency for that fiscal year and the Minister shall cause the report to be laid before each House of Parliament on that date or, if a House is not Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Annual Report Sections 14-18 then sitting, on any of the first 15 days that it is sitting after that date. R.S., 1985, c. N-26, s. 14; 2012, c. 19, s. 177. Transfer of Powers Transfer of powers 15 The Governor in Council may, by order, transfer to the Minister, in relation to the pipeline only, such of the powers, duties and functions of any member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are specified in the order. 1977-78, c. 20, s. 14. Exercise of powers by departments and other agencies 16 The Minister may, to facilitate the exercise of such of the powers and the carrying out of such of the duties and functions of a member of the Queen’s Privy Council for Canada or any department or agency of the Government of Canada as are transferred to him, enter into an agreement with the member, department or agency whereby the member, department or agency will exercise the powers and carry out the duties and functions so transferred in a manner determined in the agreement. 1977-78, c. 20, s. 15. No taxing authority transferred 17 No transfer of any power, duty or function under section 15 authorizes the Minister to levy a tax or impose a licence fee or other monetary charge greater than the tax, licence fee or other monetary charge set out in the Act or regulations referred to in the transfer. 1977-78, c. 20, s. 16. Federal-Provincial Consultative Council Council to be established 18 (1) For the purpose of carrying out the objects of this Act, the Governor in Council may establish a FederalProvincial Consultative Council consisting of (a) the Commissioner and a representative of Yukon named by the Governor in Council on the recommendation of the Legislature of Yukon; and (b) one representative of each of the provinces of British Columbia, Saskatchewan and Alberta nominated by the Lieutenant Governor in Council of each of those provinces. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Federal-Provincial Consultative Council Sections 18-19 Meeting and objects (2) The Council established under subsection (1) shall meet at least once every three months at such places in Canada as may be determined by the Council to consult on and to facilitate the coordination of the actions of the Agency, the governments of the provinces referred to in paragraph (1)(b), the government of Yukon and other governmental bodies in relation to the pipeline, and in particular with a view to ensuring a consistent approach in so far as is possible relating to the pipeline. Committees of Council (3) The Council established by subsection (1) may establish committees of the Council to advise it on such matters relating to the objects set out in subsection (2) as the Council refers to those committees. R.S., 1985, c. N-26, s. 18; 2002, c. 7, s. 215. Advisory Councils Establishment and composition 19 (1) For the purpose of assisting the Minister in carrying out the objects of this Act, the Governor in Council shall establish and set the terms of reference of one or more advisory councils each consisting of not more than ten members to be selected from outside the federal public administration and appointed by the Governor in Council to hold office for such term as the Governor in Council may determine. Yukon Advisory Council (2) One of the advisory councils established under subsection (1) shall be the Yukon Advisory Council with members representative of areas and interests, including native interests, in Yukon. Functions (3) The Commissioner shall inform a council established under subsection (1) of the activities of the Agency relating to the terms of reference of the council and any such council may advise and make recommendations to the Commissioner respecting those activities. Council members (4) Each member of a council established under subsection (1) is entitled to be paid out of the funds appropriated for the Agency such fees as are fixed by the Governor in Council for attendance at meetings of the council. Expenses (5) Each member of a council established under subsection (1) is entitled to be paid out of the funds Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Advisory Councils Sections 19-21 appropriated for the Agency reasonable travel and living expenses incurred by him in connection with the performance of his duties under this Act while absent from his ordinary place of residence. R.S., 1985, c. N-26, s. 19; 2002, c. 7, s. 216; 2003, c. 22, s. 224(E). Canadian Energy Regulator Directions to the Regulator 20 (1) The Governor in Council may, by order, in respect of the pipeline, give directions to the Regulator respecting the exercise of the powers of the Regulator under, or the performance of the duties and functions imposed on the Regulator by, the Canadian Energy Regulator Act and this Act and the Regulator must comply with those directions. Directions to designated officer (2) The Governor in Council may, by order, in respect of the pipeline, give directions to the designated officer respecting the exercise of the powers and the performance of the duties and functions of the Regulator delegated to him or her by the Regulator under section 7 or imposed on him or her by this Act and the designated officer must comply with those directions. R.S., 1985, c. N-26, s. 20; 2019, c. 28, s. 120. Certificates Certificate issued 21 (1) A certificate of public convenience and necessity in respect of the pipeline is hereby declared to be issued to each company listed in Schedule II for that portion of the route indicated in the Agreement in respect of that company. Certificate considered to be issued by Board (2) A certificate of public convenience and necessity declared to be issued by subsection (1) is considered to be a certificate issued under section 52 of the National Energy Board Act on April 13, 1978. Terms and conditions (3) Every certificate declared to be issued by subsection (1) is subject to the terms and conditions set out in Schedule III. Amendments of terms and conditions (4) The Commission of the Regulator or the designated officer may rescind, amend or add to the terms and conditions set out in Schedule III or deemed to be set out therein but no rescission of or amendment to such a term Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Certificates Sections 21-22 or condition or addition of a term or condition is effective without the approval of the Governor in Council. Application of Foreign Investment Review Act (5) Where any question arises under Schedule III whether a person is or is not a non-eligible person within the meaning of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, that person shall apply under subsection 4(1) of that Act for a statement in writing from the Minister referred to in that subsection to the effect that the person is not a non-eligible person within the meaning of that Act and that Minister shall deal with the application in the same manner as if it were an application for an opinion pursuant to a question arising under that Act, and any statement in writing furnished by that Minister is binding in accordance with that subsection but only for the purposes of this Act. Shareholder agreement not to be amended (6) Every certificate of public convenience and necessity declared to be issued by this Act is subject to the condition that Westcoast Transmission Company Limited, Alberta Gas Trunk Line Company Limited and Foothills Pipe Lines (Yukon) Ltd. shall not, without the prior approval of the Governor in Council and the Commission of the Regulator, terminate, alter or amend the shareholders agreement entered into by those companies dated August 4, 1977 as amended prior to February 3, 1978. R.S., 1985, c. N-26, s. 21; 2012, c. 19, s. 113; 2019, c. 28, s. 124. Powers of designated officer 22 (1) The designated officer may, with the concurrence of the Minister, issue such orders and directions to the companies and grant such approvals to them as may be necessary to carry out the terms and conditions set out in Schedule III. Deemed undertakings (2) Every undertaking given by Foothills Pipe Lines (Yukon) Ltd., the Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited and Alberta Natural Gas Company Ltd. and in the submission of the Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing, is deemed to be (a) an undertaking of every company in so far as the undertaking relates to the company and to the portion of the route indicated in the Agreement in respect of that company; and (b) a term or condition set out in Schedule III. 1977-78, c. 20, s. 21. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Certificates Sections 23-26 Publication and report 23 A direction issued by the Governor in Council under subsection 20(1) or (2) or an approval under subsection 21(4) shall be published forthwith in the Canada Gazette and the Minister shall cause a copy of the direction or approval to be laid before Parliament on any of the first fifteen days that either House of Parliament is sitting after the direction or approval is given. 1977-78, c. 20, s. 22. Judicial Matters Decision or order final 24 (1) A decision or order of the Commission of the Regulator in relation to the pipeline is valid and effective, final and conclusive and, except as provided in subsection (2), no such decision or order or any proceeding of the Commission of the Regulator resulting in the issue of such a decision or order is subject to any proceeding by way of appeal or review in any court or to be questioned, enjoined, prohibited, removed, restrained, set aside or otherwise affected by any such proceeding. Judicial review (2) Where a person is directly affected by a decision or order of the Commission of the Regulator in relation to the pipeline, that person may apply for a review of the decision or order under the Federal Courts Act by filing a notice of the application in the Federal Court of Appeal within thirty days after the decision or order is made or within such further time as the Court or a judge thereof may, either before or after the expiration of those thirty days, fix or allow. R.S., 1985, c. N-26, s. 24; 1990, c. 8, s. 59; 2002, c. 8, s. 182; 2019, c. 28, s. 124. Native Claims Native claims unaffected 25 Notwithstanding this Act, any native claim, right, title or interest that the native people of Canada may have had prior to April 13, 1978 in and to the land on which the pipeline will be situated continues to exist until a settlement in respect of any such claim, right, title or interest is effected. 1977-78, c. 20, s. 23.1. Penalties Notice of failure to comply 26 (1) Where a company fails to comply with Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Penalties Section 26 (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), or (b) an order or direction issued by the Commission of the Regulator or the designated officer in relation to such a certificate, the designated officer may (c) give the company written notice of the failure and set, in the notice, a time within which the company shall comply with the term or condition or order or direction, and (d) cause the notice to be served on the company by registered mail or in person. Penalty (2) Where, pursuant to subsection (1), the designated officer gives the company notice of failure to comply and the company fails, within the time set out in the notice and without lawful excuse, to comply with the term or condition or order or direction, set out in the notice, the Minister may issue an assessment against the company imposing a penalty, not exceeding ten thousand dollars for each day during which the failure continues, on the company. Notice of assessment (3) Where the Minister issues an assessment under subsection (2) against a company, he shall cause a notice of the assessment to be served forthwith on the company and notice thereof to be published in the Canada Gazette. Objection (4) A company that objects to an assessment under subsection (2) may, within thirty days from the day of mailing of the notice of assessment, serve on the Minister a notice of objection, in duplicate, in such form as the Governor in Council may prescribe setting out the reason for the objection and the relevant facts. Service (5) A notice of assessment under subsection (3) and a notice of objection under subsection (4) shall be served by being sent by registered mail. Representation (6) On receipt of a notice of objection under subsection (4) from a company, the Minister shall, with all due dispatch, reconsider the assessment objected to and vacate, Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Penalties Sections 26-29 confirm or vary the assessment and he shall thereupon notify the company of his action by registered mail. R.S., 1985, c. N-26, s. 26; 2019, c. 28, s. 124. Right of appeal 27 (1) Where a company receives a notice referred to in subsection 26(6), the company may, within thirty days after receipt of the notice and without serving a notice of objection to the action taken by the Minister under that subsection, appeal the action to the Federal Court. Institution of appeal (2) An appeal to the Federal Court under subsection (1) shall be instituted in the manner set out in section 48 of the Federal Courts Act. Burden of proof (3) In an appeal under this section, the burden of establishing the facts justifying the assessment of the penalty is on the Minister. Disposal of appeal (4) The Federal Court may dispose of an appeal under this section by (a) allowing it; (b) dismissing it; or (c) dismissing it and varying the penalty but, in varying the penalty, the Federal Court shall not increase the penalty beyond the maximum penalty permitted by section 26. R.S., 1985, c. N-26, s. 27; 2002, c. 8, ss. 182, 183. Debt due Her Majesty 28 A penalty payable under this Act is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction. 1977-78, c. 20, s. 28. Cost Recovery Costs of Agency to be recovered 29 (1) Every certificate of public convenience and necessity declared to be issued by subsection 21(1) to a company is subject to the condition that the company shall annually pay to the Receiver General an amount equal to the costs that are attributable to the Agency’s responsibilities under this Act and that are incurred by the Agency in the previous fiscal year with respect to that company. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Cost Recovery Sections 29-30 Invoicing (2) The Agency shall, no later than November 15 in each year, issue to each company an invoice for the amount payable under subsection (1). Payment period (3) Any amount that is payable under subsection (1) shall be paid no later than the 30th day after the date of the invoice. Interest (4) If a company fails to pay any amount invoiced within the required period, the company shall pay interest on the outstanding amount at a rate of 1.5% per month, compounded monthly, beginning on the 31st day after the date of the invoice. R.S., 1985, c. N-26, s. 29; 1993, c. 34, s. 98; 2017, c. 33, s. 194. Where Minister may perform terms and conditions 30 (1) Where a company fails or refuses to comply with a term or condition to which the certificate of public convenience and necessity declared to be issued to it is subject or with an order or direction issued to it pursuant to subsection 22(1), the Minister may, after thirty days notice of his intention to do so, take all reasonable measures, or direct any person he considers qualified to do so to take such measures, as are required to perform the term or condition or carry out the order or direction, unless within the thirty days the company has complied with the term or condition or order or direction, as the case may be, or has made arrangements that are satisfactory to the Minister to comply with the term or condition or order or direction. Access to property (2) Where, pursuant to subsection (1), the Minister or another person undertakes the performance of a term or condition or the carrying out of an order or direction, the Minister or that other person may enter and have access through any place or property and may do all reasonable things in order to perform the term or condition or carry out the order or direction. Personal liability (3) The Minister or any person he directs, pursuant to subsection (1), to perform a term or condition or carry out an order or direction is not personally liable civilly or criminally in respect of any act or omission in the course of performing the relevant term or condition or carrying out the order or direction under that subsection unless it is shown that he did not act reasonably. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART I Northern Pipeline Agency Cost Recovery Sections 30-31 Liability to Her Majesty (4) Where, pursuant to subsection (1), the Minister or any person he directs to perform a term or condition or carry out an order or direction takes such reasonable measures as are required to perform the term or condition or carry out the order or direction that a company has failed or refused to comply with, the company is liable for all costs and expenses connected therewith incurred by Her Majesty in right of Canada to the extent that those costs and expenses can be established to have been reasonably incurred in the circumstances. Procedure (5) A claim under this section against a company may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken therefor in the name of Her Majesty in that right in any court of competent jurisdiction. Limitation (6) No proceedings in respect of a claim under this section may be commenced after two years from the time the Minister or any person he directed, pursuant to subsection (1), to perform a term or condition or carry out an order or direction completed such reasonable measures as were required to perform the term or condition or carry out the order or direction that the company failed or refused to comply with. 1977-78, c. 20, s. 30. PART II Traffic, Tolls and Tariffs Application Application 31 (1) Sections 225 to 240 of the Canadian Energy Regulator Act, as modified by this Part, apply to every company and if there is any conflict between this Part and the Canadian Energy Regulator Act, this Part prevails. Single tariff (2) If, in the opinion of the Commission of the Regulator, it is desirable that a single tariff be established in Canada in respect of the pipeline, the Commission of the Regulator may, on application of Foothills Pipe Lines (Yukon) Ltd. or on its own motion, by order, require Foothills Pipe Lines (Yukon) Ltd. to file such a tariff and, if the Commission of the Regulator does so, Foothills Pipe Lines (Yukon) Ltd. is deemed to be a company for the Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART II Traffic, Tolls and Tariffs Application Sections 31-34 purposes of this Part and sections 225 to 240 of the Canadian Energy Regulator Act and every other company is relieved from any obligation to file a tariff until the Commission of the Regulator rescinds that order. R.S., 1985, c. N-26, s. 31; 2019, c. 28, s. 121. Consultation Consultation with United States regulatory authorities 32 The Commission of the Regulator may, in order to carry out the obligation set out in paragraph 9 of the Agreement, consult with the appropriate regulatory authority of the United States with respect to matters set out in the Agreement. R.S., 1985, c. N-26, s. 32; 2019, c. 28, s. 124. Tolls and Tariffs Commission of the Regulator to apply Agreement 33 The Commission of the Regulator shall, in fixing the tolls and tariffs of a company, apply the requirements of the Agreement, in particular the requirements of paragraphs 4, 5, 6, 11 and 12 thereof, and shall include in its determination of an appropriate toll and tariff any amounts, not exceeding the maximum amounts set out in the Agreement, paid by the company on account of the Yukon road allowance and Yukon property tax. R.S., 1985, c. N-26, s. 33; 2019, c. 28, s. 124. Rate of return 34 The Commission of the Regulator shall, in determining an appropriate rate of return on equity investment in a company, (a) take into account (i) the capital cost estimates set out in the Agreement, and (ii) the extent to which variations in actual costs from the estimates referred to in subparagraph (i) were within or outside the control of the company; (b) establish a rate of return, taking into account the factors set out in paragraph (a), that is not detrimental, when taken into account with the rate of return of every other company, to the financing of the Dempster Line described in the Agreement; and (c) comply with such regulations as the Governor in Council may make prescribing or otherwise relating to the manner of calculating the rate of return. R.S., 1985, c. N-26, s. 34; 2019, c. 28, s. 124. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART II Traffic, Tolls and Tariffs Tolls and Tariffs Sections 34-37 Prior approval 35 Where a company files a tariff at the time the financing of the pipeline is being considered, the Regulator may approve the form and content of the tariff and the rate of return on the equity investment of the company. R.S., 1985, c. N-26, s. 35; 2019, c. 28, s. 122. Regulations Regulations 36 The Governor in Council may make such regulations under this Part in respect of tolls and tariffs as may be necessary to give effect to the Agreement including regulations prescribing or otherwise relating to the manner of calculating an appropriate rate of return on equity investment of a company and the methods of applying the incentive scheme set out in subparagraph 4(b) of the Agreement. 1977-78, c. 20, s. 36. PART III Real Property Commissioner’s lands 37 (1) If the Governor in Council is of the opinion that lands in Yukon are required temporarily or otherwise for the construction, maintenance or operation of the pipeline including, without limiting the generality of the foregoing, lands required for camps, roads and other related works, the Governor in Council may, by order, after consultation with the member of the Executive Council of Yukon who is responsible for the lands, take the administration and control of them from the Commissioner and transfer the administration of those lands to the Minister. Company to provide plans of lands required (2) Foothills Pipe Lines (South Yukon) Ltd. shall provide the Minister with a copy of all plans, profiles and books of reference certified by the designated officer pursuant to subsection 7(2) showing the real property in Yukon vested in Her Majesty in right of Canada that are required to permit construction of the pipeline. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART III Real Property Sections 37-38 Grant of easement to company (3) Where Foothills Pipe Lines (South Yukon) Ltd. provides the Minister with a copy of the plans, profiles and books of reference referred to in subsection (2), the Governor in Council may authorize, on such terms and conditions as he considers appropriate, the grant of an easement to Foothills Pipe Lines (South Yukon) Ltd. for the construction of the pipeline and, on the giving of leave to open the last section or part of the pipeline by the Commission of the Regulator and subject to subsection (4), for the purpose of the operation and maintenance thereof. Company to file plan of survey (4) Within two years after leave to open the last section or part of the pipeline has been given by the Commission of the Regulator or any further period, not exceeding six months, that the Governor in Council may approve, Foothills Pipe Lines (South Yukon) Ltd. shall send to the Surveyor General at Ottawa a plan of survey under Part II of the Canada Lands Surveys Act, for confirmation by the Surveyor General under that Act, as an official plan in respect of lands in Yukon vested in Her Majesty in right of Canada required for the maintenance and operation of the pipeline. R.S., 1985, c. N-26, s. 37; 1991, c. 50, s. 34; 1998, c. 14, s. 101(F); 2002, c. 7, s. 217; 2019, c. 28, s. 124. PART IV General Offences Offences 38 (1) Every person who wilfully and without lawful excuse fails to comply with (a) a term or condition of a certificate of public convenience and necessity declared to be issued by subsection 21(1), (b) an order issued by the Commission of the Regulator or the designated officer in relation to such a certificate, or (c) any other provision of this Act, is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART IV General Offences Sections 38-40 Officers, etc., of companies (2) Where a company commits an offence under this Act, any officer, director or agent of the company who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the company has been prosecuted or convicted. Continuing offence (3) Where an offence under this Act is committed or continued on more than one day, it shall be deemed to be a separate offence for each day on which the offence is committed or continued. Limitation (4) Proceedings in respect of an offence under this Act may be instituted at any time within one year of the time the subject-matter of the proceedings arose. Consent of Attorney General of Canada (5) Proceedings in respect of an offence under this Act may not be instituted without the consent of the Attorney General of Canada. R.S., 1985, c. N-26, s. 38; 2019, c. 28, s. 124. Transitional Transitional 39 When Part I, except sections 21, 29 and 30, ceases to be in force, any power given to the Minister, the Agency or the designated officer with respect to a certificate of public convenience and necessity declared to be issued by this Act is transferred to the Commission of the Regulator. R.S., 1985, c. N-26, s. 39; 2019, c. 28, s. 124. Termination of Part I Part I ceases to apply 40 (1) Subject to subsection (2), section 4 and Part I, except sections 21, 29 and 30, cease to be in force one year after the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator. Extension of Act (2) Where, prior to the day on which leave to open the last section or part of the pipeline is given by the Commission of the Regulator, a certificate of public convenience and necessity is issued for the construction of the lateral pipeline to transmit northern Canadian gas, Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline PART IV General Termination of Part I Section 40 referred to in the Agreement as the Dempster Line, and both Houses of Parliament, by joint resolution, direct that section 4 and that part of Part I that would cease to be in force under subsection (1) shall continue in force with such amendments as are provided in that resolution, section 4 and that part of Part I as amended by the joint resolution continue in force in accordance with that joint resolution. R.S., 1985, c. N-26, s. 40; 2019, c. 28, s. 123(E); 2019, c. 28, s. 124. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline SCHEDULE I (Section 2) Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline The Government of Canada and the Government of the United States of America, DESIRING to advance the national economic and energy interests and to maximize related industrial benefits of each country, through the construction and operation of a pipeline system to provide for the transportation of natural gas from Alaska and from Northern Canada, Hereby agree to the following principles for the construction and operation of such a system: 1 Pipeline Route The construction and operation of a pipeline for the transmission of Alaskan natural gas will be along the route set forth in Annex I, such pipeline being hereinafter referred to as “the Pipeline”. All necessary action will be taken to authorize the construction and operation of the Pipeline in accordance with the principles set out in this Agreement. 2. Expeditious Construction; Timetable (a) Both Governments will take measures to ensure the prompt issuance of all necessary permits, licenses, certificates, rights-of-way, leases and other authorizations required for the expeditious construction and commencement of operation of the Pipeline, with a view to commencing construction according to the following timetable: — Alaska — January 1, 1980 — Yukon — main line pipe laying January 1, 1981 — Other construction in Canada to provide for timely completion of the Pipeline to enable initial operation by January 1, 1983. (b) All charges for such permits, licenses, certificates, rights-of-way, leases and other authorizations will be just and reasonable and apply to the Pipeline in the same nondiscriminatory manner as to any other similar pipeline. (c) Both Governments will take measures necessary to facilitate the expeditious and efficient construction of the Pipeline, consistent with the respective regulatory requirements of each country. 3 Capacity of Pipeline and Availability of Gas (a) The initial capacity of the Pipeline will be sufficient to meet, when required, the contractual requirements of United States shippers and of Canadian shippers. It is contemplated that this capacity will be 2.4 billion cubic feet per day (bcfd) for Alaska gas and 1.2 bcfd for Northern Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline Canadian gas. At such time as a lateral pipeline transmitting Northern Canadian gas, hereinafter referred to as “the Dempster Line”, is to be connected to the Pipeline or at any time additional pipeline capacity is needed to meet the contractual requirements of United States or Canadian shippers, the required authorizations will be provided, subject to regulatory requirements, to expand the capacity of the Pipeline in an efficient manner to meet those contractual requirements. (b) The shippers on the Pipeline will, upon demonstration that an amount of Canadian gas equal on a British Thermal Unit (BTU) replacement value basis will be made available for contemporaneous export to the United States, make available from Alaska gas transmitted through the Pipeline, gas to meet the needs of remote users in the Yukon and in the provinces through which the Pipeline passes. Such replacement gas will be treated as hydrocarbons in transit for purposes of the Agreement between the Government of Canada and the Government of the United States of America concerning Transit Pipelines, hereinafter referred to as “the Transit Pipeline Treaty”. The shippers on the Pipeline will not incur any cost for provision of such Alaska gas except those capital costs arising from the following provisions: (i) the owner of the Pipeline in the Yukon will make arrangements to provide gas to the communities of Beaver Creek, Burwash Landing, Destruction Bay, Haines Junction, Whitehorse, Teslin, Upper Liard and Watson Lake at a total cost to the owner of the Pipeline not to exceed Canadian $2.5 million; (ii) the owner of the Pipeline in the Yukon will make arrangements to provide gas to such other remote communities in the Yukon as may request such gas within a period of two years following commencement of operation of the Pipeline at a cost to the owner not to exceed the product of Canadian $2,500 and the number of customers in the communities, to a maximum total cost of Canadian $2.5 million. 4 Financing (a) It is understood that the construction of the Pipeline will be privately financed. Both Governments recognize that the companies owning the Pipeline in each country will have to demonstrate to the satisfaction of the United States or the Canadian Government, as applicable, that protections against risks of non-completion and interruption are on a basis acceptable to that Government before proof of financing is established and construction allowed to begin. (b) The two Governments recognize the importance of constructing the Pipeline in a timely way and under effective cost controls. Therefore, the return on the equity investment in the Pipeline will be based on a variable rate of return for each company owning a segment of the Pipeline, designed to provide incentives to avoid cost overruns and to minimize costs consistent with sound pipeline management. The base for the incentive program used for establishing the appropriate rate of return will be the capital costs used in measuring cost overruns as set forth in Annex III. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline (c) It is understood that debt instruments issued in connection with the financing of the Pipeline in Canada will not contain any provision, apart from normal trust indenture restrictions generally applicable in the pipeline industry, which would prohibit, limit or inhibit the financing of the construction of the Dempster Line; nor will the variable rate of return provisions referred to in subparagraph (b) be continued to the detriment of financing the Dempster Line. 5. Taxation and Provincial Undertakings (a) Both Governments reiterate their commitments as set forth in the Transit Pipeline Treaty with respect to nondiscriminatory taxation, and take note of the statements issued by the Governments of the Provinces of British Columbia, Alberta and Saskatchewan, attached hereto as Annex V, in which those Governments undertake to ensure adherence to the provisions of the Transit Pipeline Treaty with respect to non-interference with throughput and to non-discriminatory treatment with respect to taxes, fees or other monetary charges on either the Pipeline or throughput. (b) With respect to the Yukon Property Tax imposed on or for the use of the Pipeline the following principles apply: (i) The maximum level of the property tax, and other direct taxes having an incidence exclusively, or virtually exclusively, on the Pipeline, including taxes on gas used as compressor fuel, imposed by the Government of the Yukon Territory or any public authority therein on or for the use of the Pipeline, herein referred to as “the Yukon Property Tax”, will not exceed $30 million Canadian per year adjusted annually from 1983 by the Canadian Gross National Product price deflator as determined by Statistics Canada, hereinafter referred to as the GNP price deflator. (ii) For the period beginning January 1, 1980, and ending on December 31 of the year in which leave to open the Pipeline is granted by the appropriate regulatory authority, the Yukon Property Tax will not exceed the following: 1980 — $5 million Canadian 1981 — $10 million Canadian 1982 — $20 million Canadian Any subsequent year to which this provision applies — $25 million Canadian. (iii) The Yukon Property Tax formula described in subparagraph (i) will apply from January 1 after the year in which leave to open the Pipeline is granted by the appropriate regulatory authority until the date that is the earlier of the following, hereinafter called the tax termination date: (A) December 31, 2008, or (B) December 31 of the year in which leave to open the Dempster Line is granted by the appropriate regulatory authority. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline (iv) Subject to subparagraph (iii), if for the year ending on December 31, 1987, the percentage increase of the aggregate per capita revenue derived from all property tax levied by any public authority in the Yukon Territory (excluding the Yukon Property Tax) and grants to municipalities and Local Improvement Districts from the Government of the Yukon Territory, as compared to the aggregate per capita revenue derived from such sources for 1983, is greater than the percentage increase for 1987 of the Yukon Property Tax as compared to the Yukon Property Tax for 1983, the maximum level of the Yukon Property Tax for 1987 may be increased to equal the amount it would have reached had it increased over the period at the same rate as the aggregate per capita revenue. (v) If for any year in the period commencing January 1, 1988, and ending on the tax termination date, the annual percentage increase of the aggregate per capita revenue derived from all property tax levied by any public authority in the Yukon Territory (excluding the Yukon Property Tax) and grants to municipalities and Local Improvement Districts from the Government of the Yukon Territory as compared to the aggregate per capita revenue derived from such sources for the immediately preceding year exceeds the percentage increase for that year of the Yukon Property Tax as compared to the Yukon Property Tax for the immediately preceding year, the maximum level of the Yukon Property Tax for that year may be adjusted by the percentage increase of the aggregate per capita revenue in place of the percentage increase that otherwise might apply. (vi) The provisions of subparagraph (i) will apply to the value of the Pipeline for the capacities contemplated in this Agreement. The Yukon Property Tax will increase for the additional facilities beyond the aforesaid contemplated capacity in direct proportion to the increase in the gross asset value of the Pipeline. (vii) In the event that between the date of this Agreement and January 1, 1983, the rate of the Alaska property tax on pipelines, taking into account the mill rate and the method of valuation, increases by a percentage greater than the cumulative percentage increase in the Canadian GNP deflator over the same period, there may be an adjustment on January 1, 1983, to the amount of $30 million Canadian described in subparagraph (i) of the Yukon Property Tax to reflect this difference. In defining the Alaska property tax for purposes of this Agreement, the definition of the Yukon Property Tax will apply mutatis mutandis. (viii) In the event that, for any year during the period described in subparagraph (iii), the annual rate of the Alaska property tax on or for the use of the Pipeline in Alaska increases by a percentage over that imposed for the immediate preceding year that is greater than the increase in percentage of the Yukon Property Tax for the year, as adjusted, from that applied to the immediately preceding year, the Yukon Property Tax may be increased to reflect the percentage increase of the Alaska property tax. (ix) It is understood that indirect socio-economic costs in the Yukon Territory will not be reflected in the cost Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline of service to the United States shippers other than through the Yukon Property Tax. It is further understood that no public authority will require creation of a special fund or funds in connection with construction of the Pipeline in the Yukon, financed in a manner which is reflected in the cost of service to U.S. shippers, other than through the Yukon Property Tax. However, should public authorities in the State of Alaska require creation of a special fund or funds, financed by contributions not fully reimbursable, in connection with construction of the Pipeline in Alaska, the Governments of Canada or the Yukon Territory will have the right to take similar action. (c) The Government of Canada will use its best endeavors to ensure that the level of any property tax imposed by the Government of the Northwest Territories on or for the use of that part of the Dempster Line that is within the Northwest Territories is reasonably comparable to the level of the property tax imposed by the Government of the Yukon Territory on or for the use of that part of the Dempster Line that is in the Yukon. 6. Tariffs and Cost Allocation It is agreed that the following principles will apply for purposes of cost allocation used in determining the cost of service applicable to each shipper on the Pipeline in Canada: (a) The Pipeline in Canada and the Dempster Line will be divided into zones as set forth in Annex II. Except for fuel and except for Zone 11 (the Dawson-Whitehorse portion of the Dempster Line), the cost of service to each shipper in each zone will be determined on the basis of volumes as set forth in transportation contracts. The volumes used to assign these costs will reflect the original BTU content of Alaskan gas for U.S. shippers and Northern Canadian gas for Canadian shippers, and will make allowance for the change in heat content as the result of commingling. Each shipper will provide volumes for line losses and line pack in proportion to the contracted volumes transported in the zone. Each shipper will provide fuel requirements in Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline relation to the volume of his gas being carried and to the content of the gas as it affects fuel consumption. (b) It is understood that, to avoid increased construction and operating costs for the transportation of Alaskan gas, the Pipeline will follow a southern route through the Yukon along the Alaska Highway rather than a northern route through Dawson City and along the Klondike Highway. In order to provide alternative benefits for the transportation of Canadian gas to replace those benefits that would have been provided by the northern route through Dawson City, U.S. shippers will participate in the cost of service in Zone 11. It is agreed that if cost overruns on construction of the Pipeline in Canada do not exceed filed costs set forth in Part (iii)* of Annex III by more than 35 percent, U.S. shippers will pay the full cost of service in Zone 11. U.S. shipper participation will decline if overruns on the Pipeline in Canada exceed 35 percent; however at the minimum the U.S. shippers’ share will be the greater of either two-thirds of the cost of service or the proportion of contracted Alaskan gas in relation to all contracted gas carried in the Pipeline. The proportion of the cost of service borne by U.S. shippers in Zone 11 will be reduced should overruns on the cost of construction in that Zone exceed 35 percent after allowance for the benefits to U.S. shippers derived from Pipeline construction cost savings in other Zones. Notwithstanding the foregoing, at the minimum, the U.S. shippers’ share will be the greater of either two-thirds of the cost of service or the proportion of contracted Alaskan gas in relation to all contracted gas carried in the Pipeline. Details of this allocation of cost of service are set out in Annex III. In subparagraph 6(b), the words “Part (iii) of Annex III” were substituted for the words “Part D of Annex III” in accordance with an exchange of notes dated June 6, 1978 between the Governments of Canada and the United States of America. * (c) Notwithstanding the principles in subparagraphs (a) and (b), in the event that the total volume of gas offered for shipment exceeds the efficient capacity of the Pipeline, the method of cost allocation for the cost of service for shipments of Alaskan gas (minimum entitlement 2.4 bcfd) or Northern Canadian gas (minimum entitlement 1.2 bcfd) in excess of the efficient capacity of the Pipeline will be subject to review and subsequent agreement by both Governments; provided however that shippers of either country may transport additional volumes without such review and agreement, but subject to appropriate regulatory approval, if such transportation does not lead to a higher cost of service or share of Pipeline fuel requirements attributable to shippers of the other country. (d) It is agreed that Zone 11 costs of service allocated to U.S. shippers will not include costs additional to those attributable to a pipe size of 42 inches. It is understood that in Zones 10 and 11 the Dempster Line will be of the same gauge and diameter and similar in other respects, subject to differences in terrain. Zone 11 costs will include only facilities installed at the date of issuance of the leave to open order, or that are added within three years thereafter. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline 7 Supply of Goods and Services (a) Having regard to the objectives of this Agreement, each Government will endeavor to ensure that the supply of goods and services to the Pipeline project will be on generally competitive terms. Elements to be taken into account in weighing competitiveness will include price, reliability, servicing capacity and delivery schedules. (b) It is understood that through the coordination procedures in paragraph 8 below, either Government may institute consultations with the other in particular cases where it may appear that the objectives of subparagraph (a) are not being met. Remedies to be considered would include the renegotiation of contracts or the reopening of bids. 8 Coordination and Consultation Each Government will designate a senior official for the purpose of carrying on periodic consultations on the implementation of these principles relating to the construction and operation of the Pipeline. The designated senior officials may, in turn, designate additional representatives, to carry out such consultations, which representatives, individually or as a group, may make recommendations with respect to particular disputes or other matters, and may take such other action as may be mutually agreed, for the purpose of facilitating the construction and operation of the Pipeline. 9 Regulatory Authorities: Consultation The respective regulatory authorities of the two Governments will consult from time to time on relevant matters arising under this Agreement, particularly on the matters referred to in paragraphs 4, 5 and 6, relating to tariffs for the transportation of gas through the Pipeline. 10 Technical Study Group on Pipe (a) The Governments will establish a technical study group for the purpose of testing and evaluating 54-inch 1,120 pounds per square inch (psi), 48-inch 1,260 psi, and 48-inch 1,680 psi pipe or any other combination of pressure and diameter which would achieve safety, reliability and economic efficiency for operation of the Pipeline. It is understood that the decision relating to pipeline specifications remains the responsibility of the appropriate regulatory authorities. (b) It is agreed that the efficient pipe for the volumes contemplated (including reasonable provision for expansion), subject to appropriate regulatory authorization, will be installed from the point of interconnection of the Pipeline with the Dempster Line near Whitehorse to the point near Caroline, Alberta, where the Pipeline bifurcates into a western and an eastern leg. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline 11. Direct Charges by Public Authorities (a) Consultation will take place at the request of either Government to consider direct charges by public authorities imposed on the Pipeline where there is an element of doubt as to whether such charges should be included in the cost of service. (b) It is understood that the direct charges imposed by public authorities requiring approval by the appropriate regulatory authority for inclusion in the cost of service will be subject to all of the tests required by the appropriate legislation and will include only (i) those charges that are considered by the regulatory authority to be just and reasonable on the basis of accepted regulatory practice, and (ii) those charges of a nature that would normally be paid by a natural gas pipeline in Canada. Examples of such charges are listed in Annex IV. 12 Other Costs It is understood that there will be no charges on the Pipeline having an effect on the cost of service other than those: (i) imposed by a public authority as contemplated in this Agreement or in accordance with the Transit Pipeline Treaty, or (ii) caused by Acts of God, other unforeseen circumstances, or (iii) normally paid by natural gas pipelines in Canada in accordance with accepted regulatory practice. 13 Compliance with Terms and Conditions The principles applicable directly to the construction, operation and expansion of the Pipeline will be implemented through the imposition by the two Governments of appropriate terms and conditions in the granting of required authorizations. In the event of subsequent non-fulfilment of such a term or condition by an owner of the Pipeline, or by any other private person, the two Governments will not have responsibility therefor, but will take such appropriate action as is required to cause the owner to remedy or mitigate the consequences of such non-fulfilment. 14 Legislation The two Governments recognize that legislation will be required to implement the provisions of this Agreement. In this regard, they will expeditiously seek all required legislative authority so as to facilitate the timely and efficient construction of the Pipeline and to remove any delays or impediments thereto. 15 Entry Into Force This Agreement will become effective upon signature and shall remain in force for a period of 35 years and thereafter until terminated upon 12 months’ notice given in writing by one Government to the other, provided that those provisions of the Agreement requiring legislative action will become effective upon exchange of notification that such legislative action has been completed. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline IN WITNESS WHEREOF the undersigned representatives, duly authorized by their respective Governments, have signed this Agreement. DONE in duplicate at Ottawa in the English and French languages, both versions being equally authentic, this twentieth day of September 1977. Allan J. MacEachen For the Government of Canada James R. Schlesinger For the Government of the United States of America ANNEX I The Pipeline Route In Alaska : The Pipeline constructed in Alaska by Alcan will commence at the discharge side of the Prudhoe Bay Field gas plant facilities. It will parallel the Alyeska oil pipeline southward on the North Slope of Alaska, cross the Brooks Range through the Atigun Pass, and continue on to Delta Junction. At Delta Junction, the Pipeline will diverge from the Alyeska oil pipeline and follow the Alaska Highway and Haines oil products pipeline passing near the towns of Tanacross, Tok, and Northway Junction in Alaska. The Alcan facilities will connect with the proposed new facilities of Foothills Pipe Lines (South Yukon) Ltd. at the Alaska-Yukon border. In Canada : In Canada the Pipeline will commence at the Boundary of the State of Alaska and the Yukon Territory in the vicinity of the towns of Border City, Alaska and Boundary, Yukon. The following describes the general routing of the Pipeline in Canada: From the Alaska-Yukon border, the Foothills Pipe Lines (South Yukon) Ltd. portion of the Pipeline will proceed in a southerly direction generally along the Alaska Highway to a point near Whitehorse, Yukon, and thence to a point on the Yukon-British Columbia border near Watson Lake, Yukon where it will join with the Foothills Pipe Lines (North B.C.) Ltd. portion of the Pipeline. The Foothills Pipe Lines (North B.C.) Ltd. portion of the Pipeline will extend from Watson Lake in a southeasterly direction across the northeastern part of the Province of British Columbia to a point on the boundary between the Provinces of British Columbia and Alberta near Boundary Lake where it will interconnect with the Foothills Pipe Lines (Alta.) Ltd. portion of the Pipeline. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline The Foothills Pipe Lines (Alta.) Ltd. portion of the Pipeline will extend from a point on the British Columbia-Alberta boundary near Boundary Lake in a southeasterly direction to Gold Creek and thence parallel to the existing right-of-way of The Alberta Gas Trunk Line Company Limited to James River near Caroline. From James River a “western leg” will proceed in a southerly direction, generally following the existing right-of-way of The Alberta Gas Trunk Line Company Limited to a point on the Alberta-British Columbia boundary near Coleman in the Crow’s Nest Pass area. At or near Coleman the Foothills Pipe Lines (Alta.) Ltd. portion of the Pipeline will interconnect with the Foothills Pipe Lines (South B.C.) Ltd. portion of the Pipeline. The Foothills Pipe Lines (South B.C.) Ltd. portion of the Pipeline will extend from a point on the Alberta-British Columbia boundary near Coleman in a southwesterly direction across British Columbia generally parallel to the existing pipeline facilities of Alberta Natural Gas Company Ltd. to a point on the International Boundary Line between Canada and the United States of America at or near Kingsgate in the Province of British Columbia where it will interconnect with the facilities of Pacific Gas Transmission Company. Also, from James River, an “eastern leg” will proceed in a southeasterly direction to a point on the AlbertaSaskatchewan boundary near Empress, Alberta where it will interconnect with the Foothills Pipe Lines (Sask.) Ltd. portion of the Pipeline. The Foothills Pipe Lines (Sask.) Ltd. portion of the Pipeline will extend in a southeasterly direction across Saskatchewan to a point on the International Boundary Line between Canada and the United States of America at or near Monchy, Saskatchewan where it will interconnect with the facilities of Northern Border Pipeline Company. ANNEX II Zones for the Pipeline and the Dempster Line in Canada Zone 1 Foothills Pipe Lines (South Yukon) Ltd. Alaska Boundary to point of interconnection with the Dempster Line at or near Whitehorse. Zone 2 Foothills Pipe Lines (South Yukon) Ltd. Whitehorse to Watson Lake. Zone 3 Foothills Pipe Lines (North B.C.) Ltd. Watson Lake to point of interconnection with Westcoast’s main pipeline near Fort Nelson. Zone 4 Foothills Pipe Lines (North B.C.) Ltd. Point of interconnection with Westcoast’s main pipeline near Fort Nelson to the Alberta-B.C. border. Zone 5 Foothills Pipe Lines (Alta.) Ltd. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline Alberta-B.C. border to point of bifurcation near Caroline, Alberta. Zone 6 Foothills Pipe Lines (Alta.) Ltd. Caroline, Alta. to Alberta-Saskatchewan border near Empress. Zone 7 Foothills Pipe Lines (Alta.) Ltd. Caroline to Alberta-B.C. border near Coleman. Zone 8 Foothills Pipe Lines (South B.C.) Ltd. Alberta-B.C. border near Coleman to B.C.-United States border near Kingsgate. Zone 9 Foothills Pipe Lines (Sask.) Ltd. Alberta-Saskatchewan border near Empress to Saskatchewan-United States border near Monchy. Zone 10 Foothills Pipe Lines (North Yukon) Ltd. Mackenzie Delta Gas fields in the Mackenzie Delta, N.W.T., to a point near the junction of the Klondike and Dempster Highways just east of Dawson, Yukon Territory. Zone 11 Foothills Pipe Lines (South Yukon) Ltd. A point near the junction of the Klondike and Dempster Highways near Dawson to the connecting point with the Pipeline at or near Whitehorse. ANNEX III* Cost Allocation in Zone 11 * Amended by addendum set out following this Annex. The cost of service in Zone 11 shall be allocated to United States shippers on the following basis: (i) There will be calculated, in accordance with (iii) below, a percentage for Zones 1 — 9 in total by dividing the actual capital costs by filed capital costs and multiplying by 100. If actual capital costs are equal to or less than 135% of filed capital costs, then United States shippers will pay 100% of the cost of service in Zone 11. If actual capital costs in Zones 1 — 9 are between 135% and 145% of filed capital costs, then the percentage paid by United States shippers will be adjusted between 100% and 66 2/3% on a straightline basis, except that in no case will the portion of cost of service paid by United States shippers be less than the proportion of the contracted volumes of Alaskan gas at the Alaska-Yukon border to the same volume of Alaskan gas plus the contracted volume of Northern Canadian gas. If the actual capital costs are equal to or exceed 145% of filed capital costs, the portion of the cost of service paid by Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline United States shippers will be not less than 66 2/3% or the proportion as calculated above, whichever is the greater. (ii) There will be calculated a percentage for the cost overrun on the Dawson to Whitehorse lateral (Zone 11). After determining the dollar value of the overrun, there will be deducted from it: (a) the dollar amount by which actual capital costs in Zones 1, 7, 8 and 9 (carrying Alaskan gas only) are less than 135% of filed capital costs referred to in (iii) below; (b) in each of Zones 2, 3, 4, 5 and 6 the dollar amount by which actual capital costs are less than 135% of filed capital costs referred to in (iii) below, multiplied by the proportion that the U.S. contracted volume bears to the total contracted volume in that Zone. If the actual capital costs in Zone 11, after making this adjustment, are equal to or less than 135% of filed capital costs, then no adjustment is required to the percentage of the cost of service paid by United States shippers as calculated in (i) above. If, however, after making this adjustment, the actual capital cost in Zone 11 is greater than 135% of the filed capital cost, then the proportion of the cost of service paid by United States shippers will be a fraction (not exceeding 1) of the percentage of the cost of service calculated in (i) above, where the numerator of the fraction is 135% of the filed capital cost and the denominator of the fraction is actual capital cost less the adjustments from (a) and (b) above. Notwithstanding the adjustments outlined above, in no case will the percentage of the actual cost of service borne by United States shippers be less than the greater of 66 2/3% or the proportion of the contracted volumes of Alaskan gas at the Alaska-Yukon border to the same volume of Alaskan gas plus the contracted volume of Northern Canadian gas. (iii) The “filed capital cost” to be applied to determine cost overruns for the purpose of cost allocation in (i) and (ii) above will be: “Filed Capital Cost” Estimates for the Pipeline in Canada (millions of Canadian dollars) The Pipeline in Canada (Zone 1-9)* 48″ — 1,260 lb. pressure pipeline — or 48″ — 1,680 lb. pressure pipeline — or 54″ — 1,120 lb. pressure pipeline — 3,873 4,418 4,234 These filed capital costs include and are based upon (a) a 1,260 psi, 48-inch line from the Alaska-Yukon border to the point of possible interconnection near Whitehorse; (b) a 1,260 psi, 48inch; or 1,680 psi, 48-inch; or 1,120 psi, 54-inch line from the point of possible interconnection near Whitehorse to Caroline * Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline Junction; (c) a 42-inch line from Caroline Junction to the CanadaUnited States border near Monchy, Saskatchewan; and (d) a 36inch line from Caroline Junction to the Canada-United States border near Kingsgate, British Columbia. These costs are escalated for a date of commencement of operations of January 1, 1983. “Filed Capital Cost” Estimates for the Pipeline in Canada (millions of Canadian dollars) Zone 11 of the Dempster Line* 30″ — Section of Dempster line from Whitehorse to Dawson — or 36″ — Section of Dempster line from Whitehorse to Dawson — or 42″ — Section of Dempster line from Whitehorse to Dawson — The costs are escalated for a date of commencement of operations of January 1, 1985. * Details for Zones 1-9 are shown in the following table: Filed Capital Costs for the Pipeline in Canada Zone 1 2 3 4 5 6 7 8 9** Total Zones 1-9 48″ 1,260 psi $ million (Canadian) 707 721 738 380 677 236 126 83 205 48″ 1,680 psi $ million (Canadian) 707 864 850 488 859 236 126 83 205 54″ 1,120 psi $ million (Canadian) 707 805 803 456 813 236 126 83 205 3,873 4,418 4,234 The last compression station in Zone 9 includes facilities to provide compression up to 1,440 psi. ** It is recognized that the above are estimates of capital costs. They do not include working capital, property taxes or the provision for road maintenance in the Yukon Territory (not to exceed $30 million Canadian). Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline If at the time construction is authorized, both Governments have agreed to a starting date for the operation of the Pipeline different from January 1, 1983, then the capital cost estimates shall be adjusted for the difference in time using the GNP price deflator from January 1, 1983. Similarly at the time construction is authorized for the Dempster Line, if the starting date for the operation agreed to by the Canadian Government is different from January 1, 1985, then the capital cost estimate shall be adjusted for the difference in timing using the GNP price deflator from January 1, 1985. The diameter of the pipeline in Zone 11, for purposes of cost allocation, may be 30″, 36″, or 42″, so long as the same diameter pipe is used from the Delta to Dawson (Zone 10). The actual capital cost, for purposes of this Annex, shall be the booked cost as of the date “leave to open” is granted plus amounts still outstanding to be accrued on a basis to be approved by the National Energy Board. Actual capital costs shall exclude working capital, property taxes, and direct charges for road maintenance of up to $30 million Canadian in the Yukon as specifically provided herein. For purposes of this Annex, actual capital costs will exclude the effect of increases in cost or delays caused by actions attributable to the U.S. shippers, related U.S. pipeline companies, Alaskan producers, the Prudhoe Bay deliverability or gas conditioning plant construction and the United States or State Governments. If the appropriate regulatory bodies of the two countries are unable to agree upon the amount of such costs to be excluded, the determination shall be made in accordance with the procedures set forth in Article IX of the Transit Pipeline Treaty. The filed capital costs of facilities in Zones 7 and 8 will be included in calculations pursuant to this Annex only to the extent that such facilities are constructed to meet the requirements of U.S. shippers. Addendum (Resulting from an exchange of notes dated June 6, 1978 between the Governments of Canada and the United States of America) The filed capital costs specified in Annex III shall be deemed to include all normal pipeline costs incurred in constructing gas pipeline facilities in Canada, except those specifically excluded in the provisions of the Annex, and include such items as an allowance for funds used during construction. The filed capital costs in Annex III shall also be deemed to include an allowance on and recovery of regulatory monitoring costs. The following additions shall be made to the tabulations contained in Part (iii) of Annex III: (A) To the table captioned: “ ‘Filed Capital Costs’ Estimates for the Pipeline in Canada (millions of Canadian Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline dollars): The Pipeline in Canada (Zones 1-9)”, insert as line four the following phrase: “or 56″ — 1,080 lb. pressure pipeline — 4,325” (B) Footnote 1, subpart (b) to the said table shall be modified to read in its entirety: “(b) a 1,260 psi, 48-inch; or 1,680 psi, 48-inch; or, 1,120 psi, 54-inch; or 1,080 psi, 56-inch line from the point of possible interconnection near Whitehorse to Caroline Junction;” (C) To the table captioned: “Filed Capital Costs for the Pipeline in Canada”, add an additional column as follows: “56″ 1,080 psi $ million (Canadian) 707 817 874 427 850 236 126 83 205 4,325” ANNEX IV Direct Charges by Public Authorities *1 Crossing damages (roads, railroad crossings, etc.; this item is usually covered in the crossing permit). *2 Road damages caused by exceeding design load limits. *3 Required bridge reinforcements caused by exceeding design load limits. 4 Airfield and airstrip repairs. 5 Drainage maintenance. 6 Erosion control. 7 Borrow pit reclamation. 8 Powerline damage. 9 Legal liability for fire damage. 10 Utility system repair (water, sewer, etc.). 11 Camp waste disposal. 12 Camp site reclamation. 13 Other items specified in environmental stipulations. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline 14 Costs of surveillance and related studies as required by regulatory bodies or applicable laws. In the case of these items and all other road-related charges by public authorities, total charges in the Yukon Territory shall not exceed $30 million Canadian. * ANNEX V Statement by the Government of the Province of Alberta The Government of the Province of Alberta agrees in principle to the provisions contained in the Canada-United States Pipeline Treaty of January 28, 1977, and furthermore, Alberta is prepared to cooperate with the Federal Government to ensure that the provisions of the Canada-United States Treaty, with respect to non-interference of throughput and non-discriminatory treatment with respect to taxes, fees, or other monetary charges on either the Pipeline or throughput, are adhered to. Specific details of this undertaking will be the subject of a Federal-Provincial Agreement to be negotiated when the Canada-United States protocol or understanding has been finalized. Statement by the Government of the Province of Saskatchewan The Government of Saskatchewan is willing to cooperate with the Government of Canada to facilitate construction of the Alcan Pipeline through southwestern Saskatchewan and, to that end, the Government of Saskatchewan expresses its concurrence with the principles elaborated in the Transit Pipeline Agreement signed between Canada and the United States on January 28, 1977. In so doing, it intends not to take any discriminatory action towards such pipelines in respect of throughput, reporting requirements, and environmental protection, pipeline safety, taxes, fees or monetary charges that it would not take against any similar pipeline passing through its jurisdiction. Further details relating to CanadaSaskatchewan relations regarding the Alcan Pipeline will be the subject of Federal-Provincial agreements to be negotiated after a Canada-United States understanding has been finalized. Statement by the Government of the Province of British Columbia The Government of the Province of British Columbia agrees in principle to the provisions contained in the Canada-United States Pipeline Treaty of January 28, 1977, and furthermore British Columbia is prepared to cooperate with the Federal Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE I Agreement Between Canada and the United States of America on Principles Applicable to a Northern Natural Gas Pipeline Government to ensure that the provisions of the CanadaUnited States Treaty, with respect to non-interference of throughput and non-discriminatory treatment with respect to taxes, fees or other monetary charges on either the Pipeline or throughput, are adhered to. Specific details of this undertaking will be the subject of a Federal-Provincial Agreement to be negotiated at as early a date as possible. Such agreement should guarantee that British Columbia’s position expressed in its telex of August 31 is protected. 1977-78, c. 20, Sch. I. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE II Companies SCHEDULE II (Section 21) Companies Foothills Pipe Lines (South Yukon) Ltd. Foothills Pipe Lines (North B.C.) Ltd. Foothills Pipe Lines (South B.C.) Ltd. Foothills Pipe Lines (Alta.) Ltd. Foothills Pipe Lines (Sask.) Ltd. 1977-78, c. 20, Sch. II. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE III Terms and Conditions SCHEDULE III (Sections 21 and 22) Terms and Conditions Ownership of Pipeline 1 The pipeline shall be the property of and shall be operated by the company. Design and Construction 2 Subject to condition 18, the company shall cause the pipeline to be designed, manufactured, located, constructed, installed and operated in accordance with those specifications, drawings and other information or data set forth in the applications of Foothills Pipe Lines (Yukon) Ltd., the Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited, and Alberta Natural Gas Company Limited and in the submission of The Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing and in the undertakings given by those companies during the Hearing or as ordered, directed or approved by the designated officer and no design, specification, location, drawing or other information or data shall be varied except as ordered, directed or approved by the designated officer. 3 Without limiting the generality of condition 2, the company shall submit to the designated officer (a) information satisfactory to him in support of final detailed design, including the results of field tests and experiments and analyses thereof; (b) the final detailed design of each section or part of the pipeline for his approval; (c) before construction commences, detailed construction specifications and procedures, as well as inspection procedures satisfactory to the designated officer; and (d) a schedule for project control, using a scheduling system acceptable to the Agency, which schedule shall (i) govern the company’s activities that can reasonably be anticipated in connection with the project, (ii) include schedules for regulatory reviews and approvals, and (iii) be updated at thirty day intervals or as otherwise requested by the Agency. 4 The company shall not commence construction of a section or part of the pipeline until the designated officer has given the approval of the final design of that section or part as required by paragraph (b) of condition 3. 5 The company shall file with the designated officer, forthwith after execution, every contract between the company and the principal construction contractors and every substantive amendment thereto. 6 Every contract referred to in condition 5 shall contain a clause requiring the construction contractor to file with the company, forthwith after execution of that contract, Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE III Terms and Conditions (a) a copy of every collective agreement between the construction contractor and a union that is in effect as of the day the contract referred to in condition 5 is entered into; (b) a copy of every amendment to a collective agreement referred to in paragraph (a); (c) a copy of every collective agreement and amendment thereto that is entered into subsequent to a collective agreement referred to in paragraph (a) during the term of the contract referred to in condition 5, and the company shall file a copy of every such collective agreement and amendment thereto with the designated officer forthwith after the copy is filed with the company. Social, Economic and Environmental Matters 7 The company shall, in respect of social and economic matters and environmental, fisheries and agricultural concerns, comply with the undertakings given by Foothills Pipe Lines (Yukon) Ltd., The Alberta Gas Trunk Line (Canada) Limited, Westcoast Transmission Company Limited, and Alberta Natural Gas Company Ltd. and in the submission of The Alberta Gas Trunk Line Company Limited to the Board, as amended during the Hearing or such orders or directions as may be made or given by the designated officer. 8 Prior to the approval of the final detailed design of each section or part of the pipeline, the company shall submit to the designated officer (a) the results of such further studies in respect of social and economic matters, environmental, fisheries and agricultural concerns as may be ordered or directed by the designated officer; and (b) the recommendations of its environmental consultants for the protection of fisheries, farm lands and the environment. Manpower and Procurement 9 With respect to the use of Canadian labour, (a) the company shall submit to the Minister, on or before a date to be fixed by him, a detailed manpower plan designed to ensure the maximum possible use of Canadian labour in the planning, construction and operation of the pipeline; (b) subject to any amendment approved by the Minister, the manpower plan referred to in paragraph (a), when approved by the Minister, constitutes the company’s manpower plan, and the company shall comply therewith. 10 With respect to Canadian participation and content, (a) the company shall design a program for the procurement of all goods and services for the pipeline that ensures that Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE III Terms and Conditions (i) Canadians have a fair and competitive opportunity to participate in the supply of goods and services for the pipeline, (ii) the level of Canadian content is maximized so far as practicable, with respect to the origin of products, services and their constituent components, (iii) maximum advantage is taken of opportunities provided by the pipeline to establish and expand suppliers in Canada that can make a long term contribution to the Canadian industrial base, and (iv) maximum advantage is taken of opportunities provided by the pipeline to foster research, development and technological activities in Canada; (b) the company shall submit to the Minister, in such detail as may be required by the Minister and on or before a date to be fixed by him, a report setting out (i) the program referred to in paragraph (a), and (ii) the procedures that the company proposes to follow in order to implement that program including such procedures as the Minister may require respecting prior approval by the designated officer in respect of proposed contracts or classes of contracts specified by the Minister and including procedures to ensure to the Minister’s satisfaction that proposed contracts for the supply of goods or services from outside Canada will not involve unfair trade practices; (c) subject to any amendment approved by the Minister, the report referred to in paragraph (b), when approved by the Minister, constitutes the company’s procurement policy and procedures and the company shall comply therewith; and (d) prior to the submission and approval of the report referred to in paragraph (b), the company shall make no major purchases without prior approval of the Minister. 11 The company shall provide the Minister and the Board, prior to the execution thereof, with copies of every proposed contract for the procurement of goods or services that require the prior approval of the designated officer under the procedures referred to in condition 10(b)(ii). Financing 12. (1) The company shall, before the commencement of construction of the pipeline, (a) file with the Minister and the Board evidence that the company has been incorporated in Canada and is not a non-eligible person within the meaning of the Foreign Investment Review Act, chapter 46 of the Statutes of Canada, 1973-74, as that expression was defined in that Act on April 13, 1978; (b) establish to the satisfaction of the Minister and the Board that financing has been obtained for that portion of the pipeline, hereinafter referred to as the prebuilt sections, that will be used for the transmission of Canadian Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE III Terms and Conditions natural gas to the United States prior to the completion of the pipeline; (c) establish to the satisfaction of the Minister and the Board that financing of that portion of the pipeline other than the prebuilt sections, hereinafter referred to as the northern section, can be obtained to enable the pipeline to be completed before the end of 1985 and that protection can be provided against risk of noncompletion of the pipeline and interruption of construction on a basis acceptable to the Minister and the Board; and (d) file with the Minister and the Board documents relating to the financing obtained for the prebuilt sections and such documents shall include all relevant contracts and instruments. (2) The company shall, before commencing construction of that portion of the pipeline other than the prebuilt sections, (a) establish to the satisfaction of the Minister and the Board that financing has been obtained for the northern section and such financing includes protection against risk of noncompletion of the pipeline and interruption of construction on a basis acceptable to the Minister and the Board; (b) file with the Minister and the Board all documents relating to the financing of the pipeline not already filed pursuant to paragraph 12(1)(d); and (c) provide evidence to the Minister and the Board that debt instruments issued in connection with the financing of the pipeline do not contain a provision requiring the consent of the holders of those debt instruments to the financing of the construction of the Dempster Line referred to in the Agreement or any other provision, apart from normal trust indenture provisions generally applicable in the pipeline industry, that would prohibit, limit or inhibit the financing of the construction of the Dempster Line. 13 The company shall file with the Minister and the Board forthwith after execution contracts between producers and shippers and between shippers and the company and substantive amendments to those contracts. 14 The company shall provide the Minister and the Board, in a form satisfactory to the Minister and the Board and on a quarterly basis, information on the (a) costs incurred and projected in respect of the pipeline; (b) financing of the pipeline; and (c) progress of the planning and construction of, and procurement for, the pipeline. 15 The Minister and the Board shall have access to all financial records of the company for audit purposes. 16 The company shall (a) submit to the Minister and the Board detailed costs estimates based on the final design of each section or part of the pipeline in a form satisfactory to the Board; and (b) provide, before operation commences, an operations and safety manual satisfactory to the Board. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline SCHEDULE III Terms and Conditions General 17 Prior to commencing the construction of any section or part of the pipeline, the company shall provide the Minister and the Board with such proof as the Minister and the Board consider appropriate that the company has obtained all necessary regulatory approvals. 18 The company shall cause the pipe for the pipeline to be of such specifications, including diameter, wall thickness and maximum allowable operation pressures as may be approved by the Minister and the Board. 19 When the company ascertains the lands of a landowner that may be required for the purposes of a section or part of the pipeline, the company shall serve a notice, in a manner and in a form to be determined by the designated officer, on the landowner, which notice shall set out the location of the offices of the Agency and the right of the landowner within thirty days of being served to make representations to the Agency respecting the final route of the pipeline for its consideration prior to its approval of the final detailed route. Remote Communities 20 The company shall, in implementing paragraph 3(b) of the Agreement, construct laterals from the pipeline and make arrangements for the supply of gas to remote communities in Yukon and the provinces through which the pipeline passes where the communities can be economically served and have applied to the appropriate authority for such service and that authority has approved such application, except that in Yukon, Foothills Pipe Lines (South Yukon) Ltd. shall make a financial contribution in respect of providing gas (a) to the communities of Beaver Creek, Burwash Landing, Destruction Bay, Haines Junction, Whitehorse, Teslin, Upper Liard and Watson Lake, in an amount not to exceed a total cost of 2.5 million dollars; and (b) to other remote communities, an amount not to exceed the lesser of (i) the product of 2,500 dollars multiplied by the number of customers in the communities, and (ii) a total cost of 2.5 million dollars. Dempster Line 21 When the Dempster Line referred to in the Agreement is to be connected to the pipeline or when additional pipeline capacity is needed to meet the contractual requirements of United States or Canadian shippers, the company shall expand the capacity of the pipeline, subject to the regulatory requirements of the Board, and to any agreement that may be entered into between Her Majesty in right of Canada and the company, in an efficient manner to permit the connection of the Dempster Line or to meet those contractual requirements, as the case may be. R.S., 1985, c. N-26, Sch. III; 2002, c. 7, s. 218. Current to June 20, 2022 Last amended on August 28, 2019 Northern Pipeline RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 196 Northern Pipeline Act 196 The obligations under sections 13 and 14 of the Northern Pipeline Act, as those sections read immediately before the day on which this Act receives royal assent, continue to apply in respect of the fiscal year beginning on April 1, 2012 but do not apply in respect of any subsequent fiscal year. Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION Northern Canada Power Commission (Share Issuance and Sale Authorization) Act S.C. 1988, c. 12 Current to June 20, 2022 Last amended on July 15, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 July 15, 2019 TABLE OF PROVISIONS An Act to enable the Northern Canada Power Commission to issue shares, to authorize the sale of those shares to the Government of the Northwest Territories, to repeal the Northern Canada Power Commission Act and to provide for related matters Short Title 1 Short title Interpretation 2 Definitions Capital Structure 3 Corporation with share capital Conversion of debt to shares Issuance of promissory note Crown Property and Liabilities 6 Transfer of assets Sale to Territorial Government 7 Sale of shares Directives by Minister Accounts of Canada 9 Write-off General 10 Corporation continued in N.W.T. Employment continuous Exemption from fees Repealed and Consequential Repeal Access to Information Act Current to June 20, 2022 Last amended on July 15, 2019 ii Northern Canada Power Commission (Share Issuance and Sale Authorization) TABLE OF PROVISIONS Federal-Provincial Fiscal Arrangements and Federal Post-Secondary Education and Health Contributions Act, 1977 Financial Administration Act Municipal Grants Act, 1980 Privacy Act Public Sector Compensation Restraint Act Public Service Staff Relations Act Public Service Superannuation Act Coming into Force *23 Coming into force Current to June 20, 2022 Last amended on July 15, 2019 iv S.C. 1988, c. 12 An Act to enable the Northern Canada Power Commission to issue shares, to authorize the sale of those shares to the Government of the Northwest Territories, to repeal the Northern Canada Power Commission Act and to provide for related matters [Assented to 27th April 1988] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Northern Canada Power Commission (Share Issuance and Sale Authorization) Act. Interpretation Definitions 2 In this Act, Agreement means an agreement entered into between the Minister and the Government of the Northwest Territories pursuant to section 7; (accord) Corporation means the Northern Canada Power Commission, a corporation without share capital established by the Northern Canada Power Commission Act and continued by section 3; (Société) Minister means the Minister of Northern Affairs; (ministre) Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission (Share Issuance and Sale Authorization) Interpretation Sections 2-6 territorial lands means lands in the Northwest Territories that are vested in Her Majesty in right of Canada or of which the Government of Canada has power to dispose, whether or not the lands have been withdrawn from disposal under the Territorial Lands Act pursuant to paragraph 19(a) of that Act. (terres territoriales) 1988, c. 12, s. 2; 2019, c. 29, s. 374. Capital Structure Corporation with share capital 3 (1) The Corporation is continued as a corporation with share capital. Division of shares (2) The share capital of the Corporation comprises such number of shares of such classes as are specified in the Agreement. Conversion of debt to shares 4 (1) Of the debt of the Corporation to Her Majesty in the amount of ninety-six million, one hundred and twenty-eight thousand, eight hundred and thirty-eight dollars and forty-three cents, the Corporation shall convert that portion amounting to forty-three million, one hundred and twenty-eight thousand, eight hundred and thirtyeight dollars and forty-three cents into shares of equivalent value in the manner provided by the Agreement. Issuance of shares (2) The Corporation shall issue the shares referred to in subsection (1) to the Minister, who shall hold them in trust for Her Majesty. Issuance of promissory note 5 The Corporation shall, on terms and conditions specified in the Agreement, convert fifty-three million dollars of the debt referred to in subsection 4(1) into a promissory note payable to the Receiver General. Crown Property and Liabilities Transfer of assets 6 (1) The property, rights and interests of Her Majesty held in the name of the Corporation and used in relation to its operations in the Northwest Territories are transferred to the Corporation. Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission (Share Issuance and Sale Authorization) Crown Property and Liabilities Sections 6-9 Transfer of liabilities (2) Any outstanding liabilities and obligations of Her Majesty incurred by the Corporation in relation to its operations in the Northwest Territories are transferred to the Corporation. Authority to dispose of land (3) Notwithstanding sections 4, 7, 9 and 10 and paragraph 19(f) of the Territorial Lands Act, the Minister may, on terms and conditions specified in the Agreement, sell or lease, or grant a licence or easement in respect of, any territorial lands that are under the control, management and administration of the Minister. Sale to Territorial Government Sale of shares 7 The Minister may, with the approval of the Governor in Council, enter into an agreement for the sale of the shares referred to in section 4 and the assignment of the promissory note referred to in section 5 to the Government of the Northwest Territories. Directives by Minister 8 The Minister may direct the Corporation forthwith to execute the Agreement and any document related thereto, to promptly pass, approve, amend or ratify any bylaws, resolutions, authorities or similar instruments and to do such other things as are necessary for or incidental to the implementation of this Act or the Agreement. Accounts of Canada Write-off 9 (1) Notwithstanding subsection 18(1) of the Financial Administration Act, the amount by which the value of the shares issued pursuant to section 4 and the promissory note referred to in section 5, as recorded in the accounts of Canada, exceeds the proceeds of their sale and assignment, respectively, pursuant to section 7, is hereby written off as a budgetary expenditure and deleted from the accounts of Canada. Report in Public Accounts (2) The amount written off by subsection (1) in a fiscal year shall be reported in the form determined by the Treasury Board, in accordance with subsection 18(6) of the Financial Administration Act, in the Public Accounts for that year. Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission (Share Issuance and Sale Authorization) Accounts of Canada Sections 9-16 Accounts of Corporation (3) This section does not require the Corporation to make any adjustments in its accounts to the value of the shares referred to in section 4 and the promissory note referred to in section 5. General Corporation continued in N.W.T. 10 The Corporation is continued as a corporation governed by the laws of the Northwest Territories as if it had been incorporated under those laws. Employment continuous 11 For greater certainty, the employment of employees of the Corporation employed before and after this section comes into force shall be deemed to be continuous. Exemption from fees 12 The Minister may, with the approval of the Governor in Council, make an order exempting the Corporation from the requirement to pay fees for the right to use waters or deposit waste under a licence under the Northwest Territories Waters Act or Part 1 of the Nunavut Waters and Nunavut Surface Rights Tribunal Act. 1988, c. 12, s. 12; 1992, c. 39, s. 49; 2002, c. 10, s. 179. Repealed and Consequential Repeal 13 [Repeal] Access to Information Act 14 [Amendment] Federal-Provincial Fiscal Arrangements and Federal PostSecondary Education and Health Contributions Act, 1977 15 [Amendment] 16 [Amendment] Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission (Share Issuance and Sale Authorization) Repealed and Consequential Financial Administration Act Sections 17-23 Financial Administration Act 17 [Amendment] Municipal Grants Act, 1980 18 [Amendment] Privacy Act 19 [Amendment] Public Sector Compensation Restraint Act 20 [Amendment] Public Service Staff Relations Act 21 [Amendment] Public Service Superannuation Act 22 [Amendments] Coming into Force Coming into force 23 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Act in force May 5, 1988, see SI/88-84]. Current to June 20, 2022 Last amended on July 15, 2019 Northern Canada Power Commission (Share Issuance and Sale Authorization) RELATED PROVISIONS RELATED PROVISIONS — 1992, c. 39, ss. 49 (2) 49 (2) An order made under section 12 of the Northern Canada Power Commission (share issuance and sale authorization) Act before the coming into force of this Act continues in force as if it had been made under that section as amended by this Act. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Geneva Conventions Act R.S.C., 1985, c. G-3 Current to June 20, 2022 Last amended on June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 Last amended on June 20, 2022 TABLE OF PROVISIONS An Act respecting the Geneva Conventions, 1949 Short Title 1 Short title Conventions Approved 2 Conventions approved PART I Grave Breaches 3 Grave breaches PART II Legal Proceedings in Respect of Protected Persons 4 Definitions Notice of trial of protected persons Time for appeal from sentence of death or imprisonment for two years or more Prisoner of war subject to Code of Service Discipline Regulations respecting prisoners of war PART III General 9 Certificate of Minister of Foreign Affairs SCHEDULE I SCHEDULE II SCHEDULE III SCHEDULE IV SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection Current to June 20, 2022 Last amended on June 20, 2022 ii Geneva Conventions TABLE OF PROVISIONS of Victims of International Armed Conflicts (Protocol I) ANNEX I Regulations Concerning Identification ANNEX II Identity Card for Journalists on Dangerous Missions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) ANNEX Third Protocol Emblem(Article 2, paragraph 2, and Article 3, paragraph 1 of the Protocol) Current to June 20, 2022 Last amended on June 20, 2022 iv R.S.C., 1985, c. G-3 An Act respecting the Geneva Conventions, 1949 Short Title Short title 1 This Act may be cited as the Geneva Conventions Act. R.S., c. G-3, s. 1. Conventions Approved Conventions approved 2 (1) The Geneva Conventions for the Protection of War Victims, signed at Geneva on August 12, 1949 and set out in Schedules I to IV, are approved. Protocols approved (2) The Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of international armed conflicts, and the Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the protection of victims of non-international armed conflicts, which Protocols are set out in Schedules V and VI, respectively, are approved. Protocol approved (3) The Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem, which Protocol is set out in Schedule VII, is approved. R.S., 1985, c. G-3, s. 2; 1990, c. 14, s. 1; 2007, c. 26, s. 1. PART I Grave Breaches Grave breaches 3 (1) Every person who, whether within or outside Canada, commits a grave breach referred to in Article 50 of Schedule I, Article 51 of Schedule II, Article 130 of Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions PART I Grave Breaches Sections 3-4 Schedule III, Article 147 of Schedule IV or Article 11 or 85 of Schedule V is guilty of an indictable offence, and (a) if the grave breach causes the death of any person, is liable to imprisonment for life; and (b) in any other case, is liable to imprisonment for a term not exceeding fourteen years. Third Protocol emblem (1.1) For the purposes of subsection (1), the distinctive emblems mentioned in Article 85, paragraph 3(f) of Schedule V are deemed to include the third Protocol emblem, referred to in Article 2, paragraph 2 of Schedule VII. Jurisdiction (2) Where a person is alleged to have committed an offence referred to in subsection (1), proceedings in respect of that offence may, whether or not the person is in Canada, be commenced in any territorial division in Canada and that person may be tried and punished in respect of that offence in the same manner as if the offence had been committed in that territorial division. Appearance of accused at trial (3) For greater certainty, any legal requirements that the accused appear at and be present during proceedings and any exceptions to those requirements apply to proceedings commenced in any territorial division pursuant to subsection (2). Consent (4) Proceedings with respect to an offence referred to in subsection (1), other than proceedings before a court martial, as defined in subsection 2(1) of the National Defence Act, may only be commenced with the personal consent in writing of the Attorney General of Canada or the Deputy Attorney General of Canada and be conducted by the Attorney General of Canada or by counsel acting on behalf of the Attorney General of Canada. R.S., 1985, c. G-3, s. 3; 1990, c. 14, s. 2; 2007, c. 26, s. 2; 2019, c. 15, s. 57. PART II Legal Proceedings in Respect of Protected Persons Definitions 4 In this Part, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions PART II Legal Proceedings in Respect of Protected Persons Sections 4-5 court includes a General Court Martial and a Standing Court Martial convened under the National Defence Act; (tribunal) offence means any act or omission that is an offence under the Criminal Code or any other Act of Parliament or that is a grave breach referred to in section 3; (infraction) prisoners’ representative, in relation to a protected prisoner of war, means the person elected or recognized as that prisoner’s representative pursuant to Article 79 of the Geneva Convention set out in Schedule III; (représentant) protected internee means a person interned in Canada who is protected by the Geneva Convention set out in Schedule IV; (interné protégé) protected prisoner of war means a prisoner of war who is protected by the Geneva Convention set out in Schedule III; (prisonnier de guerre protégé) protecting power means (a) in relation to a protected prisoner of war, the country or organization that is carrying out, in the interests of the country of which that prisoner is a national or of whose forces that prisoner is or was a member at the time of his being taken prisoner of war, the duties assigned to protecting powers under the Geneva Convention set out in Schedule III, and (b) in relation to a protected internee, the country or organization that is carrying out, in the interests of the country of which that internee is or was a national at the time of his internment, the duties assigned to protecting powers under the Geneva Convention set out in Schedule IV. (puissance protectrice) R.S., 1985, c. G-3, s. 4; 1990, c. 14, s. 3; 2008, c. 29, s. 30. Notice of trial of protected persons 5 (1) The court before which (a) a protected prisoner of war is brought for trial for an offence, or (b) a protected internee is brought for trial for an offence for which that court has power to sentence that internee to death or to imprisonment for a term of two years or more, shall not proceed with the trial until it is proved to the satisfaction of the court that written notice of the trial containing, where known to the prosecutor, the information mentioned in subsection (2) has been given to the Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions PART II Legal Proceedings in Respect of Protected Persons Sections 5-6 accused and the accused’s protecting power, not less than three weeks before the commencement of the trial, and, where the accused is a protected prisoner of war, to his prisoners’ representative. Contents of notice (2) The notice referred to in subsection (1) shall state (a) the full name and a description of the accused, including his date of birth, profession or trade and, if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number; (b) the place of detention, internment or residence of the accused; (c) the offence with which the accused is charged; and (d) the court before which the trial of the accused is to take place and the time and place appointed for the trial. R.S., c. G-3, s. 5. Time for appeal from sentence of death or imprisonment for two years or more 6 (1) Where a protected prisoner of war or a protected internee has been sentenced by a court to death or to imprisonment for a term of two years or more, the time allowed for an appeal against the conviction or sentence or against the decision of a court of appeal not to allow, dismiss or quash the conviction or sentence shall run from the day on which the protecting power has been notified of the conviction and sentence by (a) an officer of the Canadian Forces, in the case of a protected prisoner of war; or (b) the Minister of Foreign Affairs, in the case of a protected internee. Sentence of death not to be executed before notice given (2) Notwithstanding anything in this Act or any other Act, where a protected prisoner of war or a protected internee has been sentenced to death by a court, the sentence shall not be executed before the expiration of six months from the date on which the protecting power is given notice in writing thereof by the appropriate person referred to in paragraph (1)(a) or (b), which notice shall contain (a) a precise wording of the finding and sentence; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions PART II Legal Proceedings in Respect of Protected Persons Sections 6-9 (b) a summary of any preliminary investigation and of the trial and, in particular, of the elements of the prosecution and defence; and (c) a copy of any order denying pardon or reprieve to that person. R.S., 1985, c. G-3, s. 6; 1995, c. 5, s. 25. Prisoner of war subject to Code of Service Discipline 7 (1) Every prisoner of war is subject to the Code of Service Discipline as defined in section 2 of the National Defence Act and every prisoner of war who is alleged to have committed an offence referred to in subsection 3(1) shall be deemed to have been subject to the Code of Service Discipline at the time the offence was alleged to have been committed. Under command of unit having custody (2) A prisoner of war described in subsection (1) shall, for the purposes of the Code of Service Discipline, be deemed to be under the command of the commanding officer of such unit or other element of the Canadian Forces as may be holding that prisoner in custody. R.S., 1985, c. G-3, s. 7; 1990, c. 14, s. 4. Regulations respecting prisoners of war 8 Subject to this Act, the Minister of National Defence may make such regulations as the Minister deems necessary respecting prisoners of war held by the Canadian Forces, including regulations to carry out and give effect to the provisions of the Geneva Convention set out in Schedule III respecting protected prisoners of war. R.S., c. G-3, s. 8. PART III General Certificate of Minister of Foreign Affairs 9 A certificate issued by or under the authority of the Minister of Foreign Affairs stating that at a certain time a state of war or of international or non-international armed conflict existed between the states named therein or in any state named therein is admissible in evidence in any proceedings for an offence referred to in this Act without proof of the signature or authority of the person appearing to have issued it and is proof of the facts so stated. R.S., 1985, c. G-3, s. 9; 1990, c. 14, s. 5; 1995, c. 5, s. 25. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I SCHEDULE I (Section 2) Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Geneva Convention for the Relief of the Wounded and Sick in Armies in the Field of July 27, 1929, have agreed as follows: CHAPTER I General Provisions Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded and sick, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict, received or interned in their territory, as well as to dead persons found. Article 5 For the protected persons who have fallen into the hands of the enemy, the present Convention shall apply until their final repatriation. Article 6 In addition to the agreements expressly provided for in Articles 10, 15, 23, 28, 31, 36, 37 and 52, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of the wounded and sick, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded and sick, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Article 7 Wounded and sick, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. Article 8 The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible, the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities. Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded and sick, medical personnel and chaplains, and for their relief. Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When wounded and sick, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. Article 11 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded and sick, members of medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. CHAPTER II Wounded and Sick Article 12 Members of the armed forces and other persons mentioned in the following Article, who are wounded or sick, shall be respected and protected in all circumstances. They shall be treated humanely and cared for by the Party to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex. The Party to the conflict which is compelled to abandon wounded or sick to the enemy shall, as far as military considerations permit, leave with them a part of its medical personnel and material to assist in their care. Article 13 The present Convention shall apply to the wounded and sick belonging to the following categories: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civil members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions in international law. (6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Article 14 Subject to the provisions of Article 12, the wounded and sick of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. Article 15 At all times, and particularly after an engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, an armistice or a suspension of fire shall be arranged, or local arrangements made, to permit the removal, exchange and transport of the wounded left on the battlefield. Likewise, local arrangements may be concluded between Parties to the conflict for the removal or exchange of wounded and sick from a besieged or encircled area, and for the passage of medical and religious personnel and equipment on their way to that area. Article 16 Parties to the conflict shall record as soon as possible, in respect of each wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include: (a) designation of the Power on which he depends; (b) army, regimental, personal or serial number; (c) surname; (d) first name or names; (e) date of birth; (f) any other particulars shown on his identity card or disc; (g) date and place of capture or death; (h) particulars concerning wounds or illness, or cause of death. As soon as possible the above mentioned information shall be forwarded to the Information Bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of a double identity disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. Article 17 Parties to the conflict shall ensure that burial or cremation of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. One half of the double identity disc, or the identity disc itself if it is a single disc, should remain on the body. Bodies shall not be cremated except for imperative reasons of hygiene or for motives based on the religion of the deceased. In case of cremation, the circumstances and reasons for cremation shall be stated in detail in the death certificate or on the authenticated list of the dead. They shall further ensure that the dead are honourably interred, if possible according to the rites of the religion to which they belonged, that their graves are respected, grouped if possible according to the nationality of the deceased, properly maintained and marked so that they may always be found. For this purpose, they shall organize at the commencement of hostilities an Official Graves Registration Service, to allow subsequent exhumations and to ensure the identification of bodies, whatever the site of the graves, and the possible transportation to the home country. These provisions shall likewise apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. As soon as circumstances permit, and at latest at the end of hostilities, these Services shall exchange, through the Information Bureau mentioned in the second paragraph of Article 16, lists showing the exact location and markings of the graves, together with particulars of the dead interred therein. Article 18 The military authorities may appeal to the charity of the inhabitants voluntarily to collect and care for, under their direction, the wounded and sick, granting persons who have responded to this appeal the necessary protection and facilities. Should the adverse Party take or retake control of the area, he shall likewise grant these persons the same protection and the same facilities. The military authorities shall permit the inhabitants and relief societies, even in invaded or occupied areas, spontaneously to collect and care for wounded or sick of whatever nationality. The civilian population shall respect these wounded and sick, and in particular abstain from offering them violence. No one may ever be molested or convicted for having nursed the wounded or sick. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I The provisions of the present Article do not relieve the occupying Power of its obligation to give both physical and moral care to the wounded and sick. CHAPTER III Medical Units and Establishments Article 19 Fixed establishments and mobile medical units of the Medical Service may in no circumstances be attacked, but shall at all times be respected and protected by the Parties to the conflict. Should they fall into the hands of the adverse Party, their personnel shall be free to pursue their duties, as long as the capturing Power has not itself ensured the necessary care of the wounded and sick found in such establishments and units. The responsible authorities shall ensure that the said medical establishments and units are, as far as possible, situated in such a manner that attacks against military objectives cannot imperil their safety. Article 20 Hospital ships entitled to the protection of the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, shall not be attacked from the land. Article 21 The protection to which fixed establishments and mobile medical units of the Medical Service are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after a due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. Article 22 The following conditions shall not be considered as depriving a medical unit or establishment of the protection guaranteed by Article 19: (1) That the personnel of the unit or establishment are armed, and that they use the arms in their own defence, or in that of the wounded and sick in their charge. (2) That in the absence of armed orderlies, the unit or establishment is protected by a picket or by sentries or by an escort. (3) That small arms and ammunition taken from the wounded and sick and not yet handed to the proper service, are found in the unit or establishment. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I (4) That personnel and material of the veterinary service are found in the unit or establishment, without forming an integral part thereof. (5) That the humanitarian activities of medical units and establishments or of their personnel extend to the care of civilian wounded or sick. Article 23 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital zones and localities so organized as to protect the wounded and sick from the effects of war, as well as the personnel entrusted with the organization and administration of these zones and localities and with the care of the persons therein assembled. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the hospital zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital zones and localities. CHAPTER IV Personnel Article 24 Medical personnel exclusively engaged in the search for, or the collection, transport or treatment of the wounded or sick, or in the prevention of disease, staff exclusively engaged in the administration of medical units and establishments, as well as chaplains attached to the armed forces, shall be respected and protected in all circumstances. Article 25 Members of the armed forces specially trained for employment, should the need arise, as hospital orderlies, nurses or auxiliary stretcher-bearers, in the search for or the collection, transport or treatment of the wounded and sick shall likewise be respected and protected if they are carrying out these duties at the time when they come into contact with the enemy or fall into his hands. Article 26 The staff of National Red Cross Societies and that of other Voluntary Aid Societies, duly recognized and authorized by Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I their Governments, who may be employed on the same duties as the personnel named in Article 24, are placed on the same footing as the personnel named in the said Article, provided that the staff of such societies are subject to military laws and regulations. Each High Contracting Party shall notify to the other, either in time of peace, or at the commencement of or during hostilities, but in any case before actually employing them, the names of the societies which it has authorized, under its responsibility, to render assistance to the regular medical service of its armed forces. Article 27 A recognized Society of a neutral country can only lend the assistance of its medical personnel and units to a Party to the conflict with the previous consent of its own Government and the authorization of the Party to the conflict concerned. That personnel and those units shall be placed under the control of that Party to the conflict. The neutral Government shall notify this consent to the adversary of the State which accepts such assistance. The Party to the conflict who accepts such assistance is bound to notify the adverse Party thereof before making any use of it. In no circumstances shall this assistance be considered as interference in the conflict. The members of the personnel named in the first paragraph shall be duly furnished with the identity cards provided for in Article 40 before leaving the neutral country to which they belong. Article 28 Personnel designated in Articles 24 and 26 who fall into the hands of the adverse Party, shall be retained only in so far as the state of health, the spiritual needs and the number of prisoners of war require. Personnel thus retained shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Within the framework of the military laws and regulations of the Detaining Power, and under the authority of its competent service, they shall continue to carry out, in accordance with their professional ethics, their medical and spiritual duties on behalf of prisoners of war, preferably those of the armed forces to which they themselves belong. They shall further enjoy the following facilities for carrying out their medical or spiritual duties: (a) They shall be authorized to visit periodically the prisoners of war in labour units or hospitals outside the camp. The Detaining Power shall put at their disposal the means of transport required. (b) In each camp the senior medical officer of the highest rank shall be responsible to the military authorities of the camp for the professional activity of the retained medical personnel. For this purpose, from the outbreak of hostilities, the Parties to the conflict shall agree regarding the corresponding seniority of the ranks of their medical personnel, including those of the societies designated in Article 26. In all questions arising out of their duties, this Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I medical officer, and the chaplains, shall have direct access to the military and medical authorities of the camp who shall grant them the facilities they may require for correspondence relating to these questions. (c) Although retained personnel in a camp shall be subject to its internal discipline, they shall not, however, be required to perform any work outside their medical or religious duties. During hostilities the Parties to the conflict shall make arrangements for relieving where possible retained personnel, and shall settle the procedure of such relief. None of the preceding provisions shall relieve the Detaining Power of the obligations imposed upon it with regard to the medical and spiritual welfare of the prisoners of war. Article 29 Members of the personnel designated in Article 25 who have fallen into the hands of the enemy, shall be prisoners of war, but shall be employed on their medical duties in so far as the need arises. Article 30 Personnel whose retention is not indispensable by virtue of the provisions of Article 28 shall be returned to the Party to the conflict to whom they belong, as soon as a road is open for their return and military requirements permit. Pending their return, they shall not be deemed prisoners of war. Nevertheless they shall at least benefit by all the provisions of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. They shall continue to fulfil their duties under the orders of the adverse Party and shall preferably be engaged in the care of the wounded and sick of the Party to the conflict to which they themselves belong. On their departure, they shall take with them the effects, personal belongings, valuables and instruments belonging to them. Article 31 The selection of personnel for return under Article 30 shall be made irrespective of any consideration of race, religion or political opinion, but preferably according to the chronological order of their capture and their state of health. As from the outbreak of hostilities, Parties to the conflict may determine by special agreement the percentage of personnel to be retained, in proportion to the number of prisoners and the distribution of the said personnel in the camps. Article 32 Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit. Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects, personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them. The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health. CHAPTER V Buildings and Material Article 33 The material of mobile medical units of the armed forces which fall into the hands of the enemy, shall be reserved for the care of wounded and sick. The buildings, material and stores of fixed medical establishments of the armed forces shall remain subject to the laws of war, but may not be diverted from their purpose as long as they are required for the care of wounded and sick. Nevertheless, the commanders of forces in the field may make use of them, in case of urgent military necessity, provided that they make previous arrangements for the welfare of the wounded and sick who are nursed in them. The material and stores defined in the present Article shall not be intentionally destroyed. Article 34 The real and personal property of aid societies which are admitted to the privileges of the Convention shall be regarded as private property. The right of requisition recognized for belligerents by the laws and customs of war shall not be exercised except in case of urgent necessity, and only after the welfare of the wounded and sick has been ensured. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I CHAPTER VI Medical Transports Article 35 Transports of wounded and sick or of medical equipment shall be respected and protected in the same way as mobile medical units. Should such transports or vehicles fall into the hands of the adverse Party, they shall be subject to the laws of war, on condition that the Party to the conflict who captures them shall in all cases ensure the care of the wounded and sick they contain. The civilian personnel and all means of transport obtained by requisition shall be subject to the general rules of international law. Article 36 Medical aircraft, that is to say, aircraft exclusively employed for the removal of wounded and sick and for the transport of medical personnel and equipment, shall not be attacked, but shall be respected by the belligerents, while flying at heights, times and on routes specifically agreed upon between the belligerents concerned. They shall bear, clearly marked, the distinctive emblem prescribed in Article 38, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification that may be agreed upon between the belligerents upon the outbreak or during the course of hostilities. Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. Medical aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. In the event of an involuntary landing in enemy or enemy-occupied territory, the wounded and sick, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Article 24 and the Articles following. Article 37 Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land on it in case of necessity, or use it as a port of call. They shall give the neutral Powers previous notice of their passage over the said territory and obey all summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Unless agreed otherwise between the neutral Power and the Parties to the conflict, the wounded and sick who are disembarked, with the consent of the local authorities, on neutral territory by medical aircraft, shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations of war. The cost of their accommodation and internment shall be borne by the Power on which they depend. CHAPTER VII The Distinctive Emblem Article 38 As a compliment to Switzerland, the heraldic emblem of the red cross on a white ground, formed by reversing the Federal colours, is retained as the emblem and distinctive sign of the Medical Service of armed forces. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, those emblems are also recognized by the terms of the present Convention. Article 39 Under the direction of the competent military authority, the emblem shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. Article 40 The personnel designated in Article 24 and in Articles 26 and 27 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. Such personnel, in addition to wearing the identity disc mentioned in Article 16, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his finger-prints or both. It shall be embossed with the stamp of the military authority. The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss, they shall be entitled to receive duplicates of the cards and to have the insignia replaced. Article 41 The personnel designated in Article 25 shall wear, but only while carrying out medical duties, a white armlet bearing in its centre the distinctive sign in miniature; the armlet shall be issued and stamped by the military authority. Military identity documents to be carried by this type of personnel shall specify what special training they have received, the temporary character of the duties they are engaged upon, and their authority for wearing the armlet. Article 42 The distinctive flag of the Convention shall be hoisted only over such medical units and establishments as are entitled to be respected under the Convention, and only with the consent of the military authorities. In mobile units, as in fixed establishments, it may be accompanied by the national flag of the Party to the conflict to which the unit or establishment belongs. Nevertheless, medical units which have fallen into the hands of the enemy shall not fly any flag other than that of the Convention. Parties to the conflict shall take the necessary steps, in so far as military considerations permit, to make the distinctive emblems indicating medical units and establishments clearly visible to the enemy land, air or naval forces, in order to obviate the possibility of any hostile action. Article 43 The medical units belonging to neutral countries, which may have been authorized to lend their services to a belligerent under the conditions laid down in Article 27, shall fly, along with the flag of the Convention, the national flag of that belligerent, wherever the latter makes use of the faculty conferred on him by Article 42. Subject to orders to the contrary by the responsible military authorities, they may, on all occasions, fly their national flag, even if they fall into the hands of the adverse Party. Article 44 With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the Red Cross on a white ground and the words “Red Cross”, or “Geneva Cross” may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other Societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I of the Convention only within the framework of the present paragraph. Furthermore, National Red Cross (Red Crescent, Red Lion and Sun) Societies may, in time of peace, in accordance with their national legislation, make use of the name and emblem of the Red Cross for their other activities which are in conformity with the principles laid down by the International Red Cross Conferences. When those activities are carried out in time of war, the conditions for the use of the emblem shall be such that it cannot be considered as conferring the protection of the Convention; the emblem shall be comparatively small in size and may not be placed on armlets or on the roofs of buildings. The international Red Cross organizations and their duly authorized personnel shall be permitted to make use, at all times, of the emblem of the Red Cross on a white ground. As an exceptional measure, in conformity with national legislation and with the express permission of one of the National Red Cross (Red Crescent, Red Lion and Sun) Societies, the emblem of the Convention may be employed in time of peace to identify vehicles used as ambulances and to mark the position of aid stations exclusively assigned to the purpose of giving free treatment to the wounded or sick. CHAPTER VIII Execution of the Convention Article 45 Each Party to the conflict, acting through its commanders-inchief, shall ensure the detailed execution of the preceding Articles and provide for unforeseen cases, in conformity with the general principles of the present Convention. Article 46 Reprisals against the wounded, sick, personnel, buildings or equipment protected by the Convention are prohibited. Article 47 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. Article 48 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. CHAPTER IX Repression of Abuses and Infractions Article 49 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 50 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article 51 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I Article 52 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. Article 53 The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation “Red Cross” or “Geneva Cross”, or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times. By reason of the tribute paid to Switzerland by the adoption of the reversed Federal colours, and of the confusion which may arise between the arms of Switzerland and the distinctive emblem of the Convention, the use by private individuals, societies or firms, of the arms of the Swiss Confederation, or of marks constituting an imitation thereof, whether as trademarks or commercial marks, or as parts of such marks, or for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment, shall be prohibited at all times. Nevertheless, such High Contracting Parties as were not party to the Geneva Convention of July 27, 1929, may grant to prior users of the emblems, designations, signs or marks designated in the first paragraph, a time limit not to exceed three years from the coming into force of the present Convention to discontinue such use, provided that the said use shall not be such as would appear, in time of war, to confer the protection of the Convention. The prohibition laid down in the first paragraph of the present Article shall also apply, without effect on any rights acquired through prior use, to the emblems and marks mentioned in the second paragraph of Article 38. Article 54 The High Contracting Parties shall, if their legislation is not already adequate, take measures necessary for the prevention and repression, at all times, of the abuses referred to under Article 53. Final Provisions Article 55 The present Convention is established in English and in French. Both texts are equally authentic. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Article 56 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field. Article 57 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 58 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 59 The present Convention replaces the Conventions of August 22, 1864, July 6, 1906, and July 27, 1929, in relations between the High Contracting Parties. Article 60 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. Article 61 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 62 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Article 63 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 64 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. [Here follow the annexes and the signatures on behalf of the Governments of Afghanistan, People’s Republic of Albania*, Argentina*, Australia, Austria, Belgium, Byelorussian Soviet Socialist Republic*, Bolivia, Brazil, Bulgarian People’s Republic*, Canada, Ceylon, Chile, China, Colombia, Cuba, Denmark, Egypt, Ecuador, Spain, United States of America, Ethiopia, Finland, France, Greece, Guatemala, Hungarian People’s Republic*, India, Iran, Republic of Ireland, Israel*, Italy, Lebanon, Liechtenstein, Luxemburg, Mexico, Principality of Monaco, Nicaragua, Norway, New Zealand, Pakistan, Paraguay, Netherlands, Peru, Republic of the Philippines, Poland*, Portugal*, Rumanian People’s Republic*, United Kingdom of Great Britain and Northern Ireland, Holy See, El Salvador, Sweden, Switzerland, Syria, Czechoslovakia*, Turkey, Ukrainian Soviet Socialist Republic*, Union of Soviet Socialist Republics*, Uruguay, Venezuela, and Federal People’s Republic of Yugoslavia*.] Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE I [*An asterisk beside the name of a country indicates that that country signed the Convention with one or more reservations.] R.S., c. G-3, Sch. I. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II SCHEDULE II (Section 2) Geneva Convention for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907, for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows: CHAPTER I General Provisions Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded, sick and shipwrecked shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 In case of hostilities between land and naval forces of Parties to the conflict, the provisions of the present Convention shall apply only to forces on board ship. Forces put ashore shall immediately become subject to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Article 5 Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found. Article 6 In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. Article 7 Wounded, sick and shipwrecked persons, as well as members of the medical personnel and chaplains, may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. Article 8 The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Their activities shall only be restricted as an exceptional and temporary measure when this is rendered necessary by imperative military necessities. Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief. Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article. Article 11 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. CHAPTER II Wounded, Sick and Shipwrecked Article 12 Members of the armed forces and other persons mentioned in the following Article, who are at sea and who are wounded, sick or shipwrecked, shall be respected and protected in all circumstances, it being understood that the term “shipwreck” means shipwreck from any cause and includes forced landings at sea by or from aircraft. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Such persons shall be treated humanely and cared for by the Parties to the conflict in whose power they may be, without any adverse distinction founded on sex, race, nationality, religion, political opinions, or any other similar criteria. Any attempts upon their lives, or violence to their persons, shall be strictly prohibited; in particular, they shall not be murdered or exterminated, subjected to torture or to biological experiments; they shall not wilfully be left without medical assistance and care, nor shall conditions exposing them to contagion or infection be created. Only urgent medical reasons will authorize priority in the order of treatment to be administered. Women shall be treated with all consideration due to their sex. Article 13 The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany. (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. (6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Article 14 All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment. Article 15 If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war. Article 16 Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it is expedient to hold them, or to convey them to a port in the captor’s own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war. Article 17 Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war. The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend. Article 18 After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II and for the passage of medical and religious personnel and equipment on their way to that area. Article 19 The Parties to the conflict shall record as soon as possible, in respect of each shipwrecked, wounded, sick or dead person of the adverse Party falling into their hands, any particulars which may assist in his identification. These records should if possible include: (a) designation of the Power on which he depends; (b) army, regimental, personal or serial number; (c) surname; (d) first name or names; (e) date of birth; (f) any other particulars shown on his identity card or disc; (g) date and place of capture or death; (h) particulars concerning wounds or illness, or cause of death. As soon as possible the above-mentioned information shall be forwarded to the information bureau described in Article 122 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, which shall transmit this information to the Power on which these persons depend through the intermediary of the Protecting Power and of the Central Prisoners of War Agency. Parties to the conflict shall prepare and forward to each other through the same bureau, certificates of death or duly authenticated lists of the dead. They shall likewise collect and forward through the same bureau one half of the double identity disc, or the identity disc itself if it is a single disc, last wills or other documents of importance to the next of kin, money and in general all articles of an intrinsic or sentimental value, which are found on the dead. These articles, together with unidentified articles, shall be sent in sealed packets, accompanied by statements giving all particulars necessary for the identification of the deceased owners, as well as by a complete list of the contents of the parcel. Article 20 Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body. If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be applicable. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Article 21 The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead. Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance. They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed. CHAPTER III Hospital Ships Article 22 Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels. Article 23 Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, shall be protected from bombardment or attack from the sea. Article 24 Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with. These ships must be provided with certificates from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Article 25 Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with. Article 26 The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross. Article 27 Under the same conditions as those provided for in Articles 22 and 24, small craft employed by the State or by the officially recognized lifeboat institutions for coastal rescue operations, shall also be respected and protected, so far as operational requirements permit. The same shall apply so far as possible to fixed coastal installations used exclusively by these craft for their humanitarian missions. Article 28 Should fighting occur on board a warship, the sick-bays shall be respected and spared as far as possible. Sick-bays and their equipment shall remain subject to the laws of warfare, but may not be diverted from their purpose so long as they are required for the wounded and sick. Nevertheless, the commander into whose power they have fallen may, after ensuring the proper care of the wounded and sick who are accommodated therein, apply them to other purposes in case of urgent military necessity. Article 29 Any hospital ship in a port which falls into the hands of the enemy shall be authorized to leave the said port. Article 30 The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality. The High Contracting Parties undertake not to use these vessels for any military purpose. Such vessels shall in no wise hamper the movements of the combatants. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II During and after an engagement, they will act at their own risk. Article 31 The Parties to the conflict shall have the right to control and search the vessels mentioned in Articles 22, 24, 25 and 27. They can refuse assistance from these vessels, order them off, make them take a certain course, control the use of their wireless and other means of communication, and even detain them for a period not exceeding seven days from the time of interception, if the gravity of the circumstances so requires. They may put a commissioner temporarily on board whose sole task shall be to see that orders given in virtue of the provisions of the preceding paragraph are carried out. As far as possible, the Parties to the conflict shall enter in the log of the hospital ship, in a language he can understand, the orders they have given the captain of the vessel. Parties to the conflict may, either unilaterally or by particular agreements, put on board their ships neutral observers who shall verify the strict observation of the provisions contained in the present Convention. Article 32 Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay in a neutral port. Article 33 Merchant vessels which have been transformed into hospital ships cannot be put to any other use throughout the duration of hostilities. Article 34 The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded. In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication. Article 35 The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them: (1) The fact that the crews of ships or sick-bays are armed for the maintenance of order, for their own defence or that of the sick and wounded. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II (2) The presence on board of apparatus exclusively intended to facilitate navigation or communication. (3) The discovery on board hospital ships or in sick-bays of portable arms and ammunition taken from the wounded, sick and shipwrecked and not yet handed to the proper service. (4) The fact that the humanitarian activities of hospital ships and sick-bays of vessels or of the crews extend to the care of wounded, sick or shipwrecked civilians. (5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements. CHAPTER IV Personnel Article 36 The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board. Article 37 The religious, medical and hospital personnel assigned to the medical or spiritual care of the persons designated in Articles 12 and 13 shall, if they fall into the hands of the enemy, be respected and protected; they may continue to carry out their duties as long as this is necessary for the care of the wounded and sick. They shall afterwards be sent back as soon as the Commander-in-Chief, under whose authority they are, considers it practicable. They may take with them, on leaving the ship, their personal property. If, however, it proves necessary to retain some of this personnel owing to the medical or spiritual needs of prisoners of war, everything possible shall be done for their earliest possible landing. Retained personnel shall be subject, on landing, to the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. CHAPTER V Medical Transports Article 38 Ships chartered for that purpose shall be authorized to transport equipment exclusively intended for the treatment of wounded and sick members of armed forces or for the Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II prevention of disease, provided that the particulars regarding their voyage have been notified to the adverse Power and approved by the latter. The adverse Power shall preserve the right to board the carrier ships, but not to capture them or seize the equipment carried. By agreement amongst the Parties to the conflict, neutral observers may be placed on board such ships to verify the equipment carried. For this purpose, free access to the equipment shall be given. Article 39 Medical aircraft, that is to say, aircraft exclusively employed for the removal of the wounded, sick and shipwrecked, and for the transport of medical personnel and equipment, may not be the object of attack, but shall be respected by the Parties to the conflict, while flying at heights, at times and on routes specifically agreed upon between the Parties to the conflict concerned. They shall be clearly marked with the distinctive emblem prescribed in Article 41, together with their national colours, on their lower, upper and lateral surfaces. They shall be provided with any other markings or means of identification which may be agreed upon between the Parties to the conflict upon the outbreak or during the course of hostilities. Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. Medical aircraft shall obey every summons to alight on land or water. In the event of having thus to alight, the aircraft with its occupants may continue its flight after examination, if any. In the event of alighting involuntarily on land or water in enemy or enemy-occupied territory, the wounded, sick and shipwrecked, as well as the crew of the aircraft shall be prisoners of war. The medical personnel shall be treated according to Articles 36 and 37. Article 40 Subject to the provisions of the second paragraph, medical aircraft of Parties to the conflict may fly over the territory of neutral Powers, land thereon in case of necessity, or use it as a port of call. They shall give neutral Powers prior notice of their passage over the said territory, and obey every summons to alight, on land or water. They will be immune from attack only when flying on routes, at heights and at times specifically agreed upon between the Parties to the conflict and the neutral Power concerned. The neutral Powers may, however, place conditions or restrictions on the passage or landing of medical aircraft on their territory. Such possible conditions or restrictions shall be applied equally to all Parties to the conflict. Unless otherwise agreed between the neutral Powers and the Parties to the conflict, the wounded, sick or shipwrecked who are disembarked with the consent of the local authorities on neutral territory by medical aircraft shall be detained by the neutral Power, where so required by international law, in such a manner that they cannot again take part in operations Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II of war. The cost of their accommodation and internment shall be borne by the Power on which they depend. CHAPTER VI The Distinctive Emblem Article 41 Under the direction of the competent military authority, the emblem of the red cross on a white ground shall be displayed on the flags, armlets and on all equipment employed in the Medical Service. Nevertheless, in the case of countries which already use as emblem, in place of the red cross, the red crescent or the red lion and sun on a white ground, these emblems are also recognized by the terms of the present Convention. Article 42 The personnel designated in Articles 36 and 37 shall wear, affixed to the left arm, a water-resistant armlet bearing the distinctive emblem, issued and stamped by the military authority. Such personnel, in addition to wearing the identity disc mentioned in Article 19, shall also carry a special identity card bearing the distinctive emblem. This card shall be water-resistant and of such size that it can be carried in the pocket. It shall be worded in the national language, shall mention at least the surname and first names, the date of birth, the rank and the service number of the bearer, and shall state in what capacity he is entitled to the protection of the present Convention. The card shall bear the photograph of the owner and also either his signature or his fingerprints or both. It shall be embossed with the stamp of the military authority. The identity card shall be uniform throughout the same armed forces and, as far as possible, of a similar type in the armed forces of the High Contracting Parties. The Parties to the conflict may be guided by the model which is annexed, by way of example, to the present Convention. They shall inform each other, at the outbreak of hostilities, of the model they are using. Identity cards should be made out, if possible, at least in duplicate, one copy being kept by the home country. In no circumstances may the said personnel be deprived of their insignia or identity cards nor of the right to wear the armlet. In case of loss they shall be entitled to receive duplicates of the cards and to have the insignia replaced. Article 43 The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows: (a) All exterior surfaces shall be white. (b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible. Lifeboats of hospital ships, coastal lifeboats and all small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships. The above-mentioned ships and craft, which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled, must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent. Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted. Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to fly their own national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned. All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41. Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships. Article 44 The distinguishing signs referred to in Article 43 can only be used, whether in time of peace or war, for indicating or protecting the ships therein mentioned, except as may be provided in any other international Convention or by agreement between all the Parties to the conflict concerned. Article 45 The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II CHAPTER VII Execution of the Convention Article 46 Each Party to the conflict, acting through its Commanders-inChief, shall ensure the detailed execution of the preceding Articles and provide for unforeseen cases, in conformity with the general principles of the present Convention. Article 47 Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited. Article 48 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population, in particular to the armed fighting forces, the medical personnel and the chaplains. Article 49 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. CHAPTER VIII Repression of Abuses and Infractions Article 50 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 51 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article 52 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 53 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire, who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. Final Provisions Article 54 The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Article 55 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, or to the Geneva Conventions of 1864, 1906 or 1929 for the Relief of the Wounded and Sick in Armies in the Field. Article 56 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 57 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 58 The present Convention replaces the Xth Hague Convention of October 18, 1907, for the adaptation to Maritime Warfare of the principles of the Geneva Convention of 1906, in relations between the High Contracting Parties. Article 59 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. Article 60 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 61 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE II Article 62 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 63 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. [Here follow the annex and the signatures on behalf of the Governments of Afghanistan, People’s Republic of Albania*, Argentina*, Australia, Austria, Belgium, Byelorussian Soviet Socialist Republic*, Bolivia, Brazil, Bulgarian People’s Republic*, Canada, Ceylon, Chile, China, Colombia, Cuba, Denmark, Egypt, Ecuador, Spain, United States of America, Ethiopia, Finland, France, Greece, Guatemala, Hungarian People’s Republic*, India, Iran, Republic of Ireland, Israel*, Italy, Lebanon, Liechtenstein, Luxemburg, Mexico, Principality of Monaco, Nicaragua, Norway, New Zealand, Pakistan, Paraguay, Netherlands, Peru, Republic of the Philippines, Poland*, Portugal*, Rumanian People’s Republic*, United Kingdom of Great Britain and Northern Ireland, Holy See, El Salvador, Sweden, Switzerland, Syria, Czechoslovakia*, Turkey, Ukrainian Soviet Socialist Republic*, Union of Soviet Socialist Republics*, Uruguay, Venezuela, and Federal People’s Republic of Yugoslavia*.] [*An asterisk beside the name of a country indicates that that country signed the Convention with one or more reservations.] R.S., c. G-3, Sch. II. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III SCHEDULE III (Section 2) Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows: PART I General Provisions Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peace time, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 A Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces. (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates; (b) that of having a fixed distinctive sign recognizable at a distance; (c) that of carrying arms openly; (d) that of conducting their operations in accordance with the laws and customs of war. (3) Members of regular armed forces who profess allegiance to a government or an authority not recognized by the Detaining Power. (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany, who shall provide them for that purpose with an identity card similar to the annexed model. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law. (6) Inhabitants of a non-occupied territory, who on the approach of the enemy spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war. B The following shall likewise be treated as prisoners of war under the present Convention: (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment. (2) The persons belonging to one of the categories enumerated in the present Article, who have been received by neutral or non-belligerent Powers on their territory and whom these Powers are required to intern under international law, without prejudice to any more favourable treatment which these Powers may choose to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67, 92, 126 and, where diplomatic relations exist between the Parties to the conflict and the neutral or non-belligerent Power concerned, those Articles concerning the Protecting Power. Where such diplomatic relations exist, the Parties to a conflict on whom these persons depend shall be allowed to perform towards them the functions of a Protecting Power as provided in the present Convention, without prejudice to the functions which these Parties normally exercise in conformity with diplomatic and consular usage and treaties. C This Article shall in no way affect the status of medical personnel and chaplains as provided for in Article 33 of the present Convention. Article 5 The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 6 In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60, 65, 66, 67, 72, 73, 75, 109, 110, 118, 119, 122 and 132, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of prisoners of war, as defined by the present Convention, nor restrict the rights which it confers upon them. Prisoners of war shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. Article 7 Prisoners of war may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. Article 8 The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Article 9 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of prisoners of war and for their relief. Article 10 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III When prisoners of war do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article. Article 11 In cases where they deem it advisable in the interest of protected persons particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for prisoners of war, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict a person belonging to a neutral Power, or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III PART II General Protection of Prisoners of War Article 12 Prisoners of war are in the hands of the enemy Power, but not of the individuals or military units who have captured them. Irrespective of the individual responsibilities that may exist, the Detaining Power is responsible for the treatment given them. Prisoners of war may only be transferred by the Detaining Power to a Power which is a party to the Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the Convention. When prisoners of war are transferred under such circumstances, responsibility for the application of the Convention rests on the Power accepting them while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the Convention in any important respect, the Power by whom the prisoners of war were transferred shall, upon being notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the prisoners of war. Such requests must be complied with. Article 13 Prisoners of war must at all times be humanely treated. Any unlawful act or omission by the Detaining Power causing death or seriously endangering the health of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach of the present Convention. In particular, no prisoner of war may be subjected to physical mutilation or to medical or scientific experiments of any kind which are not justified by the medical, dental or hospital treatment of the prisoner concerned and carried out in his interest. Likewise, prisoners of war must at all times be protected, particularly against acts of violence or intimidation and against insults and public curiosity. Measures of reprisal against prisoners of war are prohibited. Article 14 Prisoners of war are entitled in all circumstances to respect for their persons and their honour. Women shall be treated with all the regard due to their sex and shall in all cases benefit by treatment as favourable as that granted to men. Prisoners of war shall retain the full civil capacity which they enjoyed at the time of their capture. The Detaining Power may not restrict the exercise, either within or without its own Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III territory, of the rights such capacity confers except in so far as the captivity requires. Article 15 The Power detaining prisoners of war shall be bound to provide free of charge for their maintenance and for the medical attention required by their state of health. Article 16 Taking into consideration the provisions of the present Convention relating to rank and sex, and subject to any privileged treatment which may be accorded to them by reason of their state of health, age or professional qualifications, all prisoners of war shall be treated alike by the Detaining Power, without any adverse distinction based on race, nationality, religious belief or political opinions, or any other distinction founded on similar criteria. PART III Captivity SECTION I Beginning of Captivity Article 17 Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner’s surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5x10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. The questioning of prisoners of war shall be carried out in a language which they understand. Article 18 All effects and articles of personal use, except arms, horses, military equipment and military documents, shall remain in the possession of prisoners of war, likewise their metal helmets and gas masks and like articles issued for personal protection. Effects and articles used for their clothing or feeding shall likewise remain in their possession, even if such effects and articles belong to their regulation military equipment. At no time should prisoners of war be without identity documents. The Detaining Power shall supply such documents to prisoners of war who possess none. Badges of rank and nationality, decorations and articles having above all a personal or sentimental value may not be taken from prisoners of war. Sums of money carried by prisoners of war may not be taken away from them except by order of an officer, and after the amount and particulars of the owner have been recorded in a special register and an itemized receipt has been given, legibly inscribed with the name, rank and unit of the person issuing the said receipt. Sums in the currency of the Detaining Power, or which are changed into such currency at the prisoner’s request, shall be placed to the credit of the prisoner’s account as provided in Article 64. The Detaining Power may withdraw articles of value from prisoners of war only for reasons of security; when such articles are withdrawn, the procedure laid down for sums of money impounded shall apply. Such objects, likewise sums taken away in any currency other than that of the Detaining Power and the conversion of which has not been asked for by the owners, shall be kept in the custody of the Detaining Power and shall be returned in their initial shape to prisoners of war at the end of their captivity. Article 19 Prisoners of war shall be evacuated, as soon as possible after their capture, to camps situated in an area far enough from the combat zone for them to be out of danger. Only those prisoners of war who, owing to wounds or sickness, would run greater risks by being evacuated than by remaining where they are, may be temporarily kept back in a danger zone. Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacuation from a fighting zone. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 20 The evacuation of prisoners of war shall always be effected humanely and in conditions similar to those for the forces of the Detaining Power in their changes of station. The Detaining Power shall supply prisoners of war who are being evacuated with sufficient food and potable water, and with the necessary clothing and medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during evacuation, and shall establish as soon as possible a list of the prisoners of war who are evacuated. If prisoners of war must, during evacuation, pass through transit camps, their stay in such camps shall be as brief as possible. SECTION II Internment of Prisoners of War CHAPTER I General Observations Article 21 The Detaining Power may subject prisoners of war to internment. It may impose on them the obligation of not leaving, beyond certain limits, the camp where they are interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to the provisions of the present Convention relative to penal and disciplinary sanctions, prisoners of war may not be held in close confinement except where necessary to safeguard their health and then only during the continuation of the circumstances which make such confinement necessary. Prisoners of war may be partially or wholly released on parole or promise, in so far as is allowed by the laws of the Power on which they depend. Such measures shall be taken particularly in cases where this may contribute to the improvement of their state of health. No prisoner of war shall be compelled to accept liberty on parole or promise. Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse Party of the laws and regulations allowing or forbidding its own nationals to accept liberty on parole or promise. Prisoners of war who are paroled or who have given their promise in conformity with the laws and regulations so notified, are bound on their personal honour scrupulously to fulfil, both towards the Power on which they depend and towards the Power which has captured them, the engagements of their paroles or promises. In such cases, the Power on which they depend is bound neither to require nor to accept from them any service incompatible with the parole or promise given. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 22 Prisoners of war may be interned only in premises located on land and affording every guarantee of hygiene and healthfulness. Except in particular cases which are justified by the interest of the prisoners themselves, they shall not be interned in penitentiaries. Prisoners of war interned in unhealthy areas, or where the climate is injurious for them, shall be removed as soon as possible to a more favourable climate. The Detaining Power shall assemble prisoners of war in camps or camp compounds according to their nationality, language and customs, provided that such prisoners shall not be separated from prisoners of war belonging to the armed forces with which they were serving at the time of their capture, except with their consent. Article 23 No prisoner of war may at any time be sent to, or detained in areas where he may be exposed to the fire of the combat zone, nor may his presence be used to render certain points or areas immune from military operations. Prisoners of war shall have shelters against air bombardment and other hazards of war, to the same extent as the local civilian population. With the exception of those engaged in the protection of their quarters against the aforesaid hazards, they may enter such shelters as soon as possible after the giving of the alarm. Any other protective measure taken in favour of the population shall also apply to them. Detaining Powers shall give the Powers concerned, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of prisoner of war camps. Whenever military considerations permit, prisoner of war camps shall be indicated in the day-time by the letters PW or PG, placed so as to be clearly visible from the air. The Powers concerned may, however, agree upon any other system of marking. Only prisoner of war camps shall be marked as such. Article 24 Transit or screening camps of a permanent kind shall be fitted out under conditions similar to those described in the present Section, and the prisoners therein shall have the same treatment as in other camps. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III CHAPTER II Quarters, Food and Clothing of Prisoners of War Article 25 Prisoners of war shall be quartered under conditions as favourable as those for the forces of the Detaining Power who are billeted in the same area. The said conditions shall make allowance for the habits and customs of the prisoners and shall in no case be prejudicial to their health. The foregoing provisions shall apply in particular to the dormitories of prisoners of war as regards both total surface and minimum cubic space, and the general installations, bedding and blankets. The premises provided for the use of prisoners of war individually or collectively, shall be entirely protected from dampness and adequately heated and lighted, in particular between dusk and lights out. All precautions must be taken against the danger of fire. In any camps in which women prisoners of war, as well as men, are accommodated, separate dormitories shall be provided for them. Article 26 The basic daily food rations shall be sufficient in quantity, quality and variety to keep prisoners of war in good health and to prevent loss of weight or the development of nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners. The Detaining Power shall supply prisoners of war who work with such additional rations as are necessary for the labour on which they are employed. Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco shall be permitted. Prisoners of war shall, as far as possible, be associated with the preparation of their meals; they may be employed for that purpose in the kitchens. Furthermore, they shall be given the means of preparing, themselves, the additional food in their possession. Adequate premises shall be provided for messing. Collective disciplinary measures affecting food are prohibited. Article 27 Clothing, underwear and footwear shall be supplied to prisoners of war in sufficient quantities by the Detaining Power, which shall make allowance for the climate of the region where the prisoners are detained. Uniforms of enemy armed forces captured by the Detaining Power should, if suitable for the climate, be made available to clothe prisoners of war. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III The regular replacement and repair of the above articles shall be assured by the Detaining Power. In addition, prisoners of war who work shall receive appropriate clothing, wherever the nature of the work demands. Article 28 Canteens shall be installed in all camps, where prisoners of war may procure foodstuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in excess of local market prices. The profits made by camp canteens shall be used for the benefit of the prisoners; a special fund shall be created for this purpose. The prisoners’ representative shall have the right to collaborate in the management of the canteen and of this fund. When a camp is closed down, the credit balance of the special fund shall be handed to an international welfare organization, to be employed for the benefit of prisoners of war of the same nationality as those who have contributed to the fund. In case of a general repatriation, such profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. CHAPTER III Hygiene and Medical Attention Article 29 The Detaining Power shall be bound to take all sanitary measures necessary to ensure the cleanliness and healthfulness of camps and to prevent epidemics. Prisoners of war shall have for their use, day and night, conveniences which conform to the rules of hygiene and are maintained in a constant state of cleanliness. In any camps in which women prisoners of war are accommodated, separate conveniences shall be provided for them. Also, apart from the baths and showers with which the camps shall be furnished, prisoners of war shall be provided with sufficient water and soap for their personal toilet and for washing their personal laundry; the necessary installations, facilities and time shall be granted them for that purpose. Article 30 Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease. Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their rehabilitation, pending repatriation. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency. The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power. Article 31 Medical inspections of prisoners of war shall be held at least once a month. They shall include the checking and the recording of the weight of each prisoner of war. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis, malaria and venereal disease. For this purpose the most efficient methods available shall be employed, e.g. periodic mass miniature radiography for the early detection of tuberculosis. Article 32 Prisoners of war who, though not attached to the medical service of their armed forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required by the Detaining Power to exercise their medical functions in the interests of prisoners of war dependent on the same Power. In that case they shall continue to be prisoners of war, but shall receive the same treatment as corresponding medical personnel retained by the Detaining Power. They shall be exempted from any other work under Article 49. CHAPTER IV Medical Personnel and Chaplains Retained to Assist Prisoners of War Article 33 Members of the medical personnel and chaplains while retained by the Detaining Power with a view to assisting prisoners of war, shall not be considered as prisoners of war. They shall, however, receive as a minimum the benefits and protection of the present Convention, and shall also be granted all facilities necessary to provide for the medical care of, and religious ministration to prisoners of war. They shall continue to exercise their medical and spiritual functions for the benefit of prisoners of war, preferably those belonging to the armed forces upon which they depend, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III within the scope of the military laws and regulations of the Detaining Power and under the control of its competent services, in accordance with their professional etiquette. They shall also benefit by the following facilities in the exercise of their medical or spiritual functions: (a) They shall be authorized to visit periodically prisoners of war situated in working detachments or in hospitals outside the camp. For this purpose, the Detaining Power shall place at their disposal the necessary means of transport. (b) The senior medical officer in each camp shall be responsible to the camp military authorities for everything connected with the activities of retained medical personnel. For this purpose, Parties to the conflict shall agree at the outbreak of hostilities on the subject of the corresponding ranks of the medical personnel, including that of societies mentioned in Article 26 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. This senior medical officer, as well as chaplains, shall have the right to deal with the competent authorities of the camp on all questions relating to their duties. Such authorities shall afford them all necessary facilities for correspondence relating to these questions. (c) Although they shall be subject to the internal discipline of the camp in which they are retained, such personnel may not be compelled to carry out any work other than that concerned with their medical or religious duties. During hostilities, the Parties to the conflict shall agree concerning the possible relief of retained personnel and shall settle the procedure to be followed. None of the preceding provisions shall relieve the Detaining Power of its obligations with regard to prisoners of war from the medical or spiritual point of view. CHAPTER V Religious, Intellectual and Physical Activities Article 34 Prisoners of war shall enjoy complete latitude in the exercise of their religious duties, including attendance at the service of their faith, on condition that they comply with the disciplinary routine prescribed by the military authorities. Adequate premises shall be provided where religious services may be held. Article 35 Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71. Article 36 Prisoners of war who are ministers of religion, without having officiated as chaplains to their own forces, shall be at liberty, whatever their denomination, to minister freely to the members of their community. For this purpose, they shall receive the same treatment as the chaplains retained by the Detaining Power. They shall not be obliged to do any other work. Article 37 When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners’ or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security. Article 38 While respecting the individual preferences of every prisoner, the Detaining Power shall encourage the practice of intellectual, educational, and recreational pursuits, sports and games amongst prisoners, and shall take the measures necessary to ensure the exercise thereof by providing them with adequate premises and necessary equipment. Prisoners shall have opportunities for taking physical exercise, including sports and games, and for being out of doors. Sufficient open spaces shall be provided for this purpose in all camps. CHAPTER VI Discipline Article 39 Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III and the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank. Article 40 The wearing of badges of rank and nationality, as well as of decorations, shall be permitted. Article 41 In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners’ own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners’ representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand. Article 42 The use of weapons against prisoners of war, especially against those who are escaping or attempting to escape, shall constitute an extreme measure, which shall always be preceded by warnings appropriate to the circumstances. CHAPTER VII Rank of Prisoners of War Article 43 Upon the outbreak of hostilities, the Parties to the conflict shall communicate to one another the titles and ranks of all the persons mentioned in Article 4 of the present Convention, in order to ensure equality of treatment between prisoners of equivalent rank. Titles and ranks which are subsequently created shall form the subject of similar communications. The Detaining Power shall recognize promotions in rank which have been accorded to prisoners of war and which have been duly notified by the Power on which these prisoners depend. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 44 Officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. In order to ensure service in officers’ camps, other ranks of the same armed forces who, as far as possible, speak the same language, shall be assigned in sufficient numbers, account being taken of the rank of officers and prisoners of equivalent status. Such orderlies shall not be required to perform any other work. Supervision of the mess by the officers themselves shall be facilitated in every way. Article 45 Prisoners of war other than officers and prisoners of equivalent status shall be treated with the regard due to their rank and age. Supervision of the mess by the prisoners themselves shall be facilitated in every way. CHAPTER VIII Transfer of Prisoners of War After their Arrival in Camp Article 46 The Detaining Power, when deciding upon the transfer of prisoners of war, shall take into account the interests of the prisoners themselves, more especially so as not to increase the difficulty of their repatriation. The transfer of prisoners of war shall always be effected humanely and in conditions not less favourable than those under which the forces of the Detaining Power are transferred. Account shall always be taken of the climatic conditions to which the prisoners of war are accustomed and the conditions of transfer shall in no case be prejudicial to their health. The Detaining Power shall supply prisoners of war during transfer with sufficient food and drinking water to keep them in good health, likewise with the necessary clothing, shelter and medical attention. The Detaining Power shall take adequate precautions especially in case of transport by sea or by air, to ensure their safety during transfer, and shall draw up a complete list of all transferred prisoners before their departure. Article 47 Sick or wounded prisoners of war shall not be transferred as long as their recovery may be endangered by the journey, unless their safety imperatively demands it. If the combat zone draws closer to a camp, the prisoners of war in the said camp shall not be transferred unless their transfer can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 48 In the event of transfer, prisoners of war shall be officially advised of their departure and of their new postal address. Such notifications shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of transfer so require, to what each prisoner can reasonably carry, which shall in no case be more than twenty-five kilograms per head. Mail and parcels addressed to their former camp shall be forwarded to them without delay. The camp commander shall take, in agreement with the prisoners’ representative, any measures needed to ensure the transport of the prisoners’ community property and of the luggage they are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph of this Article. The costs of transfers shall be borne by the Detaining Power. SECTION III Labour of Prisoners of War Article 49 The Detaining Power may utilize the labour of prisoners of war who are physically fit, taking into account their age, sex, rank and physical aptitude, and with a view particularly to maintaining them in a good state of physical and mental health. Non-commissioned officers who are prisoners of war shall only be required to do supervisory work. Those not so required may ask for other suitable work which shall, so far as possible, be found for them. If officers or persons of equivalent status ask for suitable work, it shall be found for them, so far as possible, but they may in no circumstances be compelled to work. Article 50 Besides work connected with camp administration, installation or maintenance, prisoners of war may be compelled to do only such work as is included in the following classes: (a) agriculture; (b) industries connected with the production or the extraction of raw materials, and manufacturing industries, with the exception of metallurgical, machinery and chemical industries; public works and building operations which have no military character or purpose; (c) transport and handling of stores which are not military in character or purpose; (d) commercial business, and arts and crafts; (e) domestic service; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III (f) public utility services having no military character or purpose. Should the above provisions be infringed, prisoners of war shall be allowed to exercise their right of complaint, in conformity with Article 78. Article 51 Prisoners of war must be granted suitable working conditions, especially as regards accommodation, food, clothing and equipment; such conditions shall not be inferior to those enjoyed by nationals of the Detaining Power employed in similar work; account shall also be taken of climatic conditions. The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that in areas in which such prisoners are employed, the national legislation concerning the protection of labour, and, more particularly, the regulations for the safety of workers, are duly applied. Prisoners of war shall receive training and be provided with the means of protection suitable to the work they will have to do and similar to those accorded to the nationals of the Detaining Power. Subject to the provisions of Article 52, prisoners may be submitted to the normal risks run by these civilian workers. Conditions of labour shall in no case be rendered more arduous by disciplinary measures. Article 52 Unless he be a volunteer, no prisoner of war may be employed on labour which is of an unhealthy or dangerous nature. No prisoner of war shall be assigned to labour which would be looked upon as humiliating for a member of the Detaining Power’s own forces. The removal of mines or similar devices shall be considered as dangerous labour. Article 53 The duration of the daily labour of prisoners of war, including the time of the journey to and fro, shall not be excessive, and must in no case exceed that permitted for civilian workers in the district, who are nationals of the Detaining Power and employed on the same work. Prisoners of war must be allowed, in the middle of the day’s work, a rest of not less than one hour. This rest will be the same as that to which workers of the Detaining Power are entitled, if the latter is of longer duration. They shall be allowed in addition a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of rest in their country of origin. Furthermore, every prisoner who has worked for one year shall be granted a rest of eight consecutive days, during which his working pay shall be paid him. If methods of labour such as piece work are employed, the length of the working period shall not be rendered excessive thereby. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 54 The working pay due to prisoners of war shall be fixed in accordance with the provisions of Article 62 of the present Convention. Prisoners of war who sustain accidents in connection with work, or who contract a disease in the course, or in consequence of their work, shall receive all the care their condition may require. The Detaining Power shall furthermore deliver to such prisoners of war a medical certificate enabling them to submit their claims to the Power on which they depend, and shall send a duplicate to the Central Prisoners of War Agency provided for in Article 123. Article 55 The fitness of prisoners of war for work shall be periodically verified by medical examinations at least once a month. The examinations shall have particular regard to the nature of the work which prisoners of war are required to do. If any prisoner of war considers himself incapable of working, he shall be permitted to appear before the medical authorities of his camp. Physicians or surgeons may recommend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom. Article 56 The organization and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments. The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp. Article 57 The treatment of prisoners of war who work for private persons, even if the latter are responsible for guarding and protecting them, shall not be inferior to that which is provided for by the present Convention. The Detaining Power, the military authorities and the commander of the camp to which such prisoners belong shall be entirely responsible for the maintenance, care, treatment, and payment of the working pay of such prisoners of war. Such prisoners of war shall have the right to remain in communication with the prisoners’ representatives in the camps on which they depend. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III SECTION IV Financial Resources of Prisoners of War Article 58 Upon the outbreak of hostilities, and pending an arrangement on this matter with the Protecting Power, the Detaining Power may determine the maximum amount of money in cash or in any similar form, that prisoners may have in their possession. Any amount in excess, which was properly in their possession and which has been taken or withheld from them, shall be placed to their account, together with any monies deposited by them, and shall not be converted into any other currency without their consent. If prisoners of war are permitted to purchase services or commodities outside the camp against payment in cash, such payments shall be made by the prisoner himself or by the camp administration who will charge them to the accounts of the prisoners concerned. The Detaining Power will establish the necessary rules in this respect. Article 59 Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts. Article 60 The Detaining Power shall grant all prisoners of war a monthly advance of pay, the amount of which shall be fixed by conversion, into the currency of the said Power, of the following amounts: Category I: Prisoners ranking below sergeants: eight Swiss francs. Category II: Sergeants and other non-commissioned officers, or prisoners of equivalent rank: twelve Swiss francs. Category III: Warrant officers and commissioned officers below the rank of major or prisoners of equivalent rank: fifty Swiss francs. Category IV: Majors, lieutenant-colonels, colonels or prisoners of equivalent rank: sixty Swiss francs. Category V: General officers or prisoners of war of equivalent rank: seventy-five Swiss francs. However, the Parties to the conflict concerned may by special agreement modify the amount of advances of pay due to prisoners of the preceding categories. Furthermore, if the amounts indicated in the first paragraph above would be unduly high compared with the pay of the Detaining Power’s armed forces or would, for any reason, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III seriously embarrass the Detaining Power, then, pending the conclusion of a special agreement with the Power on which the prisoners depend to vary the amounts indicated above, the Detaining Power: (a) shall continue to credit the accounts of the prisoners with the amounts indicated in the first paragraph above; (b) may temporarily limit the amount made available from these advances of pay to prisoners of war for their own use, to sums which are reasonable, but which, for Category I, shall never be inferior to the amount that the Detaining Power gives to the members of its own armed forces. The reasons for any limitations will be given without delay to the Protecting Power. Article 61 The Detaining Power shall accept for distribution as supplementary pay to prisoners of war sums which the Power on which the prisoners depend may forward to them, on condition that the sums to be paid shall be the same for each prisoner of the same category, shall be payable to all prisoners of that category depending on that Power, and shall be placed in their separate accounts, at the earliest opportunity, in accordance with the provisions of Article 64. Such supplementary pay shall not relieve the Detaining Power of any obligation under this Convention. Article 62 Prisoners of war shall be paid a fair working rate of pay by the detaining authorities direct. The rate shall be fixed by the said authorities, but shall at no time be less than one-fourth of one Swiss franc for a full working day. The Detaining Power shall inform prisoners of war, as well as the Power on which they depend, through the intermediary of the Protecting Power, of the rate of daily working pay that it has fixed. Working pay shall likewise be paid by the detaining authorities to prisoners of war permanently detailed to duties or to a skilled or semi-skilled occupation in connection with the administration, installation or maintenance of camps, and to the prisoners who are required to carry out spiritual or medical duties on behalf of their comrades. The working pay of the prisoners’ representative, of his advisers, if any, and of his assistants, shall be paid out of the fund maintained by canteen profits. The scale of this working pay shall be fixed by the prisoners’ representative and approved by the camp commander. If there is no such fund, the detaining authorities shall pay these prisoners a fair working rate of pay. Article 63 Prisoners of war shall be permitted to receive remittances of money addressed to them individually or collectively. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Every prisoner of war shall have at his disposal the credit balance of his account as provided for in the following Article, within the limits fixed by the Detaining Power, which shall make such payments as are requested. Subject to financial or monetary restrictions which the Detaining Power regards as essential, prisoners of war may also have payments made abroad. In this case payments addressed by prisoners of war to dependants shall be given priority. In any event, and subject to the consent of the Power on which they depend, prisoners may have payments made in their own country, as follows: the Detaining Power shall send to the aforesaid Power through the Protecting Power, a notification giving all the necessary particulars concerning the prisoners of war, the beneficiaries of the payments, and the amount of the sums to be paid, expressed in the Detaining Power’s currency. The said notification shall be signed by the prisoners and countersigned by the camp commander. The Detaining Power shall debit the prisoners’ account by a corresponding amount; the sums thus debited shall be placed by it to the credit of the Power on which the prisoners depend. To apply the foregoing provisions, the Detaining Power may usefully consult the Model Regulations in Annex V of the present Convention. Article 64 The Detaining Power shall hold an account for each prisoner of war, showing at least the following: (1) The amounts due to the prisoner or received by him as advances of pay, as working pay or derived from any other source; the sums in the currency of the Detaining Power which were taken from him; the sums taken from him and converted at his request into the currency of the said Power. (2) The payments made to the prisoner in cash, or in any other similar form; the payments made on his behalf and at his request; the sums transferred under Article 63, third paragraph. Article 65 Every item entered in the account of a prisoner of war shall be countersigned or initialled by him, or by the prisoners’ representative acting on his behalf. Prisoners of war shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts, which may likewise be inspected by the representatives of the Protecting Powers at the time of visits to the camp. When prisoners of war are transferred from one camp to another, their personal accounts will follow them. In case of transfer from one Detaining Power to another, the monies which are their property and are not in the currency of the Detaining Power will follow them. They shall be given certificates for any other monies standing to the credit of their accounts. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III The Parties to the conflict concerned may agree to notify to each other at specific intervals through the Protecting Power, the amount of the accounts of the prisoners of war. Article 66 On the termination of captivity, through the release of a prisoner of war or his repatriation, the Detaining Power shall give him a statement, signed by an authorized officer of that Power, showing the credit balance then due to him. The Detaining Power shall also send through the Protecting Power to the government upon which the prisoner of war depends, lists giving all appropriate particulars of all prisoners of war whose captivity has been terminated by repatriation, release, escape, death or any other means, and showing the amount of their credit balances. Such lists shall be certified on each sheet by an authorized representative of the Detaining Power. Any of the above provisions of this Article may be varied by mutual agreement between any two Parties to the conflict. The Power on which the prisoner of war depends shall be responsible for settling with him any credit balance due to him from the Detaining Power on the termination of his captivity. Article 67 Advances of pay, issued to prisoners of war in conformity with Article 60, shall be considered as made on behalf of the Power on which they depend. Such advances of pay, as well as all payments made by the said Power under Article 63, third paragraph, and Article 68, shall form the subject of arrangements between the Powers concerned, at the close of hostilities. Article 68 Any claim by a prisoner of war for compensation in respect of any injury or other disability arising out of work shall be referred to the Power on which he depends, through the Protecting Power. In accordance with Article 54, the Detaining Power will, in all cases, provide the prisoner of war concerned with a statement showing the nature of the injury or disability, the circumstances in which it arose and particulars of medical or hospital treatment given for it. This statement will be signed by a responsible officer of the Detaining Power and the medical particulars certified by a medical officer. Any claim by a prisoner of war for compensation in respect of personal effects, monies or valuables impounded by the Detaining Power under Article 18 and not forthcoming on his repatriation, or in respect of loss alleged to be due to the fault of the Detaining Power or any of its servants, shall likewise be referred to the Power on which he depends. Nevertheless, any such personal effects required for use by the prisoners of war whilst in captivity shall be replaced at the expense of the Detaining Power. The Detaining Power will, in all cases, provide the prisoner of war with a statement, signed by a responsible officer, showing all available information regarding the reasons why such effects, monies or valuables have not been restored to him. A copy of this statement will be forwarded to the Power on which he depends through the Central Prisoners of War Agency provided for in Article 123. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III SECTION V Relations of Prisoners of War with the Exterior Article 69 Immediately upon prisoners of war falling into its power, the Detaining Power shall inform them and the Powers on which they depend, through the Protecting Power, of the measures taken to carry out the provisions of the present Section. They shall likewise inform the parties concerned of any subsequent modifications of such measures. Article 70 Immediately upon capture, or not more than one week after arrival at a camp, even if it is a transit camp, likewise in case of sickness or transfer to hospital or to another camp, every prisoner of war shall be enabled to write direct to his family, on the one hand, and to the Central Prisoners of War Agency provided for in Article 123, on the other hand, a card similar, if possible, to the model annexed to the present Convention, informing his relatives of his capture, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any manner. Article 71 Prisoners of war shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each prisoner of war, the said number shall not be less than two letters and four cards monthly, exclusive of the capture cards provided for in Article 70, and conforming as closely as possible to the models annexed to the present Convention. Further limitations may be imposed only if the Protecting Power is satisfied that it would be in the interests of the prisoners of war concerned to do so owing to difficulties of translation caused by the Detaining Power’s inability to find sufficient qualified linguists to carry out the necessary censorship. If limitations must be placed on the correspondence addressed to prisoners of war, they may be ordered only by the Power on which the prisoners depend, possibly at the request of the Detaining Power. Such letters and cards must be conveyed by the most rapid method at the disposal of the Detaining Power; they may not be delayed or retained for disciplinary reasons. Prisoners of war who have been without news for a long period, or who are unable to receive news from their next of kin or to give them news by the ordinary postal route, as well as those who are at a great distance from their homes, shall be permitted to send telegrams, the fees being charged against the prisoners of war’s accounts with the Detaining Power or Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III paid in the currency at their disposal. They shall likewise benefit by this measure in cases of urgency. As a general rule, the correspondence of prisoners of war shall be written in their native language. The Parties to the conflict may allow correspondence in other languages. Sacks containing prisoner of war mail must be securely sealed and labelled so as clearly to indicate their contents, and must be addressed to offices of destination. Article 72 Prisoners of war shall be allowed to receive by post or by any other means individual parcels or collective shipments containing, in particular, foodstuffs, clothing, medical supplies and articles of a religious, educational or recreational character which may meet their needs, including books, devotional articles, scientific equipment, examination papers, musical instruments, sports outfits and materials allowing prisoners of war to pursue their studies or their cultural activities. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. The only limits which may be placed on these shipments shall be those proposed by the Protecting Power in the interest of the prisoners themselves, or by the International Committee of the Red Cross or any other organization giving assistance to the prisoners, in respect of their own shipments only, on account of exceptional strain on transport or communications. The conditions for the sending of individual parcels and collective relief shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the prisoners of relief supplies. Books may not be included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent in collective parcels. Article 73 In the absence of special agreements between the Powers concerned on the conditions for the receipt and distribution of collective relief shipments, the rules and regulations concerning collective shipments, which are annexed to the present Convention, shall be applied. The special agreements referred to above shall in no case restrict the right of prisoners’ representatives to take possession of collective relief shipments intended for prisoners of war, to proceed to their distribution or to dispose of them in the interest of the prisoners. Nor shall such agreements restrict the right of representatives of the Protecting Power, the International Committee of the Red Cross or any other organization giving assistance to prisoners of war and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 74 All relief shipments for prisoners of war shall be exempt from import, customs and other dues. Correspondence, relief shipments and authorized remittances of money addressed to prisoners of war or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 122 and the Central Prisoners of War Agency provided for in Article 123, shall be exempt from any postal dues, both in the countries of origin and destination, and in intermediate countries. If relief shipments intended for prisoners of war cannot be sent through the post office by reason of weight or for any other cause, the cost of transportation shall be borne by the Detaining Power in all the territories under its control. The other Powers party to the Convention shall bear the cost of transport in their respective territories. In the absence of special agreements between the Parties concerned, the costs connected with transport of such shipments, other than costs covered by the above exemption, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the rates charged for telegrams sent by prisoners of war, or addressed to them. Article 75 Should military operations prevent the Powers concerned from fulfilling their obligation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake to ensure the conveyance of such shipments by suitable means (railway wagons, motor vehicles, vessels or aircraft, etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport and to allow its circulation, especially by granting the necessary safe-conducts. Such transport may also be used to convey: (a) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 123 and the National Bureaux referred to in Article 122; (b) correspondence and reports relating to prisoners of war which the Protecting Powers, the International Committee of the Red Cross or any other body assisting the prisoners, exchange either with their own delegates or with the Parties to the conflict. These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport, if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport. In the absence of special agreements, the costs occasioned by the use of such means of transport shall be borne proportionally by the Parties to the conflict whose nationals are benefited thereby. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 76 The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible. Article 77 The Detaining Powers shall provide all facilities for the transmission, through the Protecting Power or the Central Prisoners of War Agency provided for in Article 123, of instruments, papers or documents intended for prisoners of war or despatched by them, especially powers of attorney and wills. In all cases they shall facilitate the preparation and execution of such documents on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer and shall take what measures are necessary for the authentication of their signatures. SECTION VI Relations Between Prisoners Of War And The Authorities CHAPTER I Complaints of Prisoners of War Respecting the Conditions of Captivity Article 78 Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners’ representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment. Prisoners’ representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers. CHAPTER II Prisoner of War Representatives Article 79 In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners’ representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners’ representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners’ representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners’ representatives under the first paragraph of this Article. In such a case the assistants to the prisoners’ representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In all cases the prisoners’ representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners’ representative, in accordance with the foregoing paragraphs. Article 80 Prisoners’ representatives shall further the physical, spiritual and intellectual well-being of prisoners of war. In particular, where the prisoners decide to organize amongst themselves a system of mutual assistance, this organization will be within the province of the prisoners’ representative, in Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III addition to the special duties entrusted to him by other provisions of the present Convention. Prisoners’ representatives shall not be held responsible, simply by reason of their duties, for any offences committed by prisoners of war. Article 81 Prisoners’ representatives shall not be required to perform any other work, if the accomplishment of their duties is thereby made more difficult. Prisoners’ representatives may appoint from amongst the prisoners such assistants as they may require. All material facilities shall be granted them, particularly a certain freedom of movement necessary for the accomplishment of their duties (inspection of labour detachments, receipt of supplies, etc.). Prisoners’ representatives shall be permitted to visit premises where prisoners of war are detained, and every prisoner of war shall have the right to consult freely his prisoners’ representative. All facilities shall likewise be accorded to the prisoners’ representatives for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, the Mixed Medical Commissions and the bodies which give assistance to prisoners of war. Prisoners’ representatives of labour detachments shall enjoy the same facilities for communication with the prisoners’ representatives of the principal camp. Such communications shall not be restricted, nor considered as forming a part of the quota mentioned in Article 71. Prisoners’ representatives who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. In case of dismissal, the reasons therefor shall be communicated to the Protecting Power. CHAPTER III Penal and Disciplinary Sanctions I. General Provisions Article 82 A prisoner of war shall be subject to the laws, regulations and orders in force in the armed forces of the Detaining Power; the Detaining Power shall be justified in taking judicial or disciplinary measures in respect of any offence committed by a prisoner of war against such laws, regulations or orders. However, no proceedings or punishments contrary to the provisions of this Chapter shall be allowed. If any law, regulation or order of the Detaining Power shall declare acts committed by a prisoner of war to be punishable, whereas the same acts would not be punishable if committed by a member of the forces of the Detaining Power, such acts shall entail disciplinary punishments only. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 83 In deciding whether proceedings in respect of an offence alleged to have been committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power shall ensure that the competent authorities exercise the greatest leniency and adopt, wherever possible, disciplinary rather than judicial measures. Article 84 A prisoner of war shall be tried only by a military court, unless the existing laws of the Detaining Power expressly permit the civil courts to try a member of the armed forces of the Detaining Power in respect of the particular offence alleged to have been committed by the prisoner of war. In no circumstances whatever shall a prisoner of war be tried by a court of any kind which does not offer the essential guarantees of independence and impartiality as generally recognized, and, in particular, the procedure of which does not afford the accused the rights and means of defence provided for in Article 105. Article 85 Prisoners of war prosecuted under the laws of the Detaining Power for acts committed prior to capture shall retain, even if convicted, the benefits of the present Convention. Article 86 No prisoner of war may be punished more than once for the same act or on the same charge. Article 87 Prisoners of war may not be sentenced by the military authorities and courts of the Detaining Power to any penalties except those provided for in respect of members of the armed forces of the said Power who have committed the same acts. When fixing the penalty, the courts or authorities of the Detaining Power shall take into consideration, to the widest extent possible, the fact that the accused, not being a national of the Detaining Power, is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. The said courts or authorities shall be at liberty to reduce the penalty provided for the violation of which the prisoner of war is accused, and shall therefore not be bound to apply the minimum penalty prescribed. Collective punishment for individual acts, corporal punishment, imprisonment in premises without daylight and, in general, any form of torture or cruelty, are forbidden. No prisoner of war may be deprived of his rank by the Detaining Power, or prevented from wearing his badges. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 88 Officers, non-commissioned officers and men who are prisoners of war undergoing a disciplinary or judicial punishment, shall not be subjected to more severe treatment than that applied in respect of the same punishment to members of the armed forces of the Detaining Power of equivalent rank. A woman prisoner of war shall not be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a woman member of the armed forces of the Detaining Power dealt with for a similar offence. In no case may a woman prisoner of war be awarded or sentenced to a punishment more severe, or treated whilst undergoing punishment more severely, than a male member of the armed forces of the Detaining Power dealt with for a similar offence. Prisoners of war who have served disciplinary or judicial sentences may not be treated differently from other prisoners of war. II. Disciplinary Sanctions Article 89 The disciplinary punishments applicable to prisoners of war are the following: (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. (3) Fatigue duties not exceeding two hours daily. (4) Confinement. The punishment referred to under (3) shall not be applied to officers. In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war. Article 90 The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. Article 91 The escape of a prisoner of war shall be deemed to have succeeded when: (1) he has joined the armed forces of the Power on which he depends, or those of an allied Power; (2) he has left the territory under the control of the Detaining Power, or of an ally of the said Power; (3) he has joined a ship flying the flag of the Power on which he depends, or of an allied Power, in the territorial waters of the Detaining Power, the said ship not being under the control of the last named Power. Prisoners of war who have made good their escape in the sense of this Article and who are recaptured, shall not be liable to any punishment in respect of their previous escape. Article 92 A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention. Article 93 Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 94 If an escaped prisoner of war is recaptured, the Power on which he depends shall be notified thereof in the manner defined in Article 122, provided notification of his escape has been made. Article 95 A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline. Article 96 Acts which constitute offences against discipline shall be investigated immediately. Without prejudice to the competence of courts and superior military authorities, disciplinary punishment may be ordered only by an officer having disciplinary powers in his capacity as camp commander, or by a responsible officer who replaces him or to whom he has delegated his disciplinary powers. In no case may such powers be delegated to a prisoner of war or be exercised by a prisoner of war. Before any disciplinary award is pronounced, the accused shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced to the accused prisoner of war and to the prisoners’ representative. A record of disciplinary punishments shall be maintained by the camp commander and shall be open to inspection by representatives of the Protecting Power. Article 97 Prisoners of war shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. All premises in which disciplinary punishments are undergone shall conform to the sanitary requirements set forth in Article 25. A prisoner of war undergoing punishment shall be enabled to keep himself in a state of cleanliness, in conformity with Article 29. Officers and persons of equivalent status shall not be lodged in the same quarters as non-commissioned officers or men. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Women prisoners of war undergoing disciplinary punishment shall be confined in separate quarters from male prisoners of war and shall be under the immediate supervision of women. Article 98 A prisoner of war undergoing confinement as a disciplinary punishment, shall continue to enjoy the benefits of the provisions of this Convention except in so far as these are necessarily rendered inapplicable by the mere fact that he is confined. In no case may he be deprived of the benefits of the provisions of Articles 78 and 126. A prisoner of war awarded disciplinary punishment may not be deprived of the prerogatives attached to his rank. Prisoners of war awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, on their request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the camp infirmary or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money however, may be withheld from them until the completion of the punishment; they shall meanwhile be entrusted to the prisoners’ representative, who will hand over to the infirmary the perishable goods contained in such parcels. III. Judicial Proceedings Article 99 No prisoner of war may be tried or sentenced for an act which is not forbidden by the law of the Detaining Power or by international law, in force at the time the said act was committed. No moral or physical coercion may be exerted on a prisoner of war in order to induce him to admit himself guilty of the act of which he is accused. No prisoner of war may be convicted without having had an opportunity to present his defence and the assistance of a qualified advocate or counsel. Article 100 Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 101 If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107. Article 102 A prisoner of war can be validly sentenced only if the sentence has been pronounced by the same courts according to the same procedure as in the case of members of the armed forces of the Detaining Power, and if, furthermore, the provisions of the present Chapter have been observed. Article 103 Judicial investigations relating to a prisoner of war shall be conducted as rapidly as circumstances permit and so that his trial shall take place as soon as possible. A prisoner of war shall not be confined while awaiting trial unless a member of the armed forces of the Detaining Power would be so confined if he were accused of a similar offence, or if it is essential to do so in the interests of national security. In no circumstances shall this confinement exceed three months. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial. Article 104 In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information: (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoners’ representative. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners’ representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned. Article 105 The prisoner of war shall be entitled to assistance by one of his prisoner comrades, to defence by a qualified advocate or counsel of his own choice, to the calling of witnesses and, if he deems necessary, to the services of a competent interpreter. He shall be advised of these rights by the Detaining Power in due time before the trial. Failing a choice by the prisoner of war, the Protecting Power shall find him an advocate or counsel, and shall have at least one week at its disposal for the purpose. The Detaining Power shall deliver to the said Power, on request, a list of persons qualified to present the defence. Failing a choice of an advocate or counsel by the prisoner of war or the Protecting Power, the Detaining Power shall appoint a competent advocate or counsel to conduct the defence. The advocate or counsel conducting the defence on behalf of the prisoner of war shall have at his disposal a period of two weeks at least before the opening of the trial, as well as the necessary facilities to prepare the defence of the accused. He may, in particular, freely visit the accused and interview him in private. He may also confer with any witnesses for the defence, including prisoners of war. He shall have the benefit of these facilities until the term of appeal or petition has expired. Particulars of the charge or charges on which the prisoner of war is to be arraigned, as well as the documents which are generally communicated to the accused by virtue of the laws in force in the armed forces of the Detaining Power, shall be communicated to the accused prisoner of war in a language which he understands, and in good time before the opening of the trial. The same communication in the same circumstances shall be made to the advocate or counsel conducting the defence on behalf of the prisoner of war. The representatives of the Protecting Power shall be entitled to attend the trial of the case, unless, exceptionally, this is held in camera in the interest of State security. In such a case the Detaining Power shall advise the Protecting Power accordingly. Article 106 Every prisoner of war shall have, in the same manner as the members of the armed forces of the Detaining Power, the right of appeal or petition from any sentence pronounced upon him, with a view to the quashing or revising of the sentence or the reopening of the trial. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. Article 107 Any judgment and sentence pronounced upon a prisoner of war shall be immediately reported to the Protecting Power in Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III the form of a summary communication, which shall also indicate whether he has the right of appeal with a view to the quashing of the sentence or the reopening of the trial. This communication shall likewise be sent to the prisoners’ representative concerned. It shall also be sent to the accused prisoner of war in a language he understands, if the sentence was not pronounced in his presence. The Detaining Power shall also immediately communicate to the Protecting Power the decision of the prisoner of war to use or to waive his right of appeal. Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced on a prisoner of war in the first instance is a death sentence, the Detaining Power shall as soon as possible address to the Protecting Power a detailed communication containing: (1) the precise wording of the finding and sentence; (2) a summarized report of any preliminary investigation and of the trial, emphasizing in particular the elements of the prosecution and the defence; (3) notification, where applicable, of the establishment where the sentence will be served. The communications provided for in the foregoing sub-paragraphs shall be sent to the Protecting Power at the address previously made known to the Detaining Power. Article 108 Sentences pronounced on prisoners of war after a conviction has become duly enforceable, shall be served in the same establishments and under the same conditions as in the case of members of the armed forces of the Detaining Power. These conditions shall in all cases conform to the requirements of health and humanity. A woman prisoner of war on whom such a sentence has been pronounced shall be confined in separate quarters and shall be under the supervision of women. In any case, prisoners of war sentenced to a penalty depriving them of their liberty shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention. Furthermore, they shall be entitled to receive and despatch correspondence, to receive at least one relief parcel monthly, to take regular exercise in the open air, to have the medical care required by their state of health, and the spiritual assistance they may desire. Penalties to which they may be subjected shall be in accordance with the provisions of Article 87, third paragraph. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III PART IV Termination of Captivity SECTION I Direct Repatriation and Accommodation in Neutral Countries Article 109 Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity. No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities. Article 110 The following shall be repatriated direct: (1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished. The following may be accommodated in a neutral country: (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery. (2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: (1) Those whose state of health has deteriorated so as to fulfil the conditions laid down for direct repatriation; (2) Those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention. Article 111 The Detaining Power, the Power on which the prisoners of war depend, and a neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements which will enable prisoners of war to be interned in the territory of the said neutral Power until the close of hostilities. Article 112 Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission. Article 113 Besides those who are designated by the medical authorities of the Detaining Power, wounded or sick prisoners of war belonging to the categories listed below shall be entitled to present themselves for examination by the Mixed Medical Commissions provided for in the foregoing Article: (1) Wounded and sick proposed by a physician or surgeon who is of the same nationality, or a national of a Party to the conflict allied with the Power on which the said prisoners depend, and who exercises his functions in the camp. (2) Wounded and sick proposed by their prisoners’ representative. (3) Wounded and sick proposed by the Power on which they depend, or by an organization duly recognized by the said Power and giving assistance to the prisoners. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Prisoners of war who do not belong to one of the three foregoing categories may nevertheless present themselves for examination by Mixed Medical Commissions, but shall be examined only after those belonging to the said categories. The physician or surgeon of the same nationality as the prisoners who present themselves for examination by the Mixed Medical Commission, likewise the prisoners’ representative of the said prisoners, shall have permission to be present at the examination. Article 114 Prisoners of war who meet with accidents shall, unless the injury is self-inflicted, have the benefit of the provisions of this Convention as regards repatriation or accommodation in a neutral country. Article 115 No prisoner of war on whom a disciplinary punishment has been imposed and who is eligible for repatriation or for accommodation in a neutral country, may be kept back on the plea that he has not undergone his punishment. Prisoners of war detained in connection with a judicial prosecution or conviction and who are designated for repatriation or accommodation in a neutral country, may benefit by such measures before the end of the proceedings or the completion of the punishment, if the Detaining Power consents. Parties to the conflict shall communicate to each other the names of those who will be detained until the end of the proceedings or the completion of the punishment. Article 116 The cost of repatriating prisoners of war or of transporting them to a neutral country shall be borne, from the frontiers of the Detaining Power, by the Power on which the said prisoners depend. Article 117 No repatriated person may be employed on active military service. SECTION II Release and Repatriation of Prisoners of War at the Close of Hostilities Article 118 Prisoners of war shall be released and repatriated without delay after the cessation of active hostilities. In the absence of stipulations to the above effect in any agreement concluded between the Parties to the conflict with a view to the cessation of hostilities, or failing any such Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III agreement, each of the Detaining Powers shall itself establish and execute without delay a plan of repatriation in conformity with the principle laid down in the foregoing paragraph. In either case, the measures adopted shall be brought to the knowledge of the prisoners of war. The costs of repatriation of prisoners of war shall in all cases be equitably apportioned between the Detaining Power and the Power on which the prisoners depend. This apportionment shall be carried out on the following basis: (a) If the two Powers are contiguous, the Power on which the prisoners of war depend shall bear the costs of repatriation from the frontiers of the Detaining Power. (b) If the two Powers are not contiguous, the Detaining Power shall bear the costs of transport of prisoners of war over its own territory as far as its frontier or its port of embarkation nearest to the territory of the Power on which the prisoners of war depend. The Parties concerned shall agree between themselves as to the equitable apportionment of the remaining costs of the repatriation. The conclusion of this agreement shall in no circumstances justify any delay in the repatriation of the prisoners of war. Article 119 Repatriation shall be effected in conditions similar to those laid down in Articles 46 to 48 inclusive of the present Convention for the transfer of prisoners of war, having regard to the provisions of Article 118 and to those of the following paragraphs. On repatriation, any articles of value impounded from prisoners of war under Article 18, and any foreign currency which has not been converted into the currency of the Detaining Power, shall be restored to them. Articles of value and foreign currency which, for any reason whatever, are not restored to prisoners of war on repatriation, shall be despatched to the Information Bureau set up under Article 122. Prisoners of war shall be allowed to take with them their personal effects, and any correspondence and parcels which have arrived for them. The weight of such baggage may be limited, if the conditions of repatriation so require, to what each prisoner can reasonably carry. Each prisoner shall in all cases be authorized to carry at least twenty-five kilograms. The other personal effects of the repatriated prisoner shall be left in the charge of the Detaining Power which shall have them forwarded to him as soon as it has concluded an agreement to this effect, regulating the conditions of transport and the payment of the costs involved, with the Power on which the prisoner depends. Prisoners of war against whom criminal proceedings for an indictable offence are pending may be detained until the end of such proceedings, and, if necessary, until the completion of the punishment. The same shall apply to prisoners of war already convicted for an indictable offence. Parties to the conflict shall communicate to each other the names of any prisoners of war who are detained until the end of the proceedings or until punishment has been completed. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III By agreement between the Parties to the conflict, commissions shall be established for the purpose of searching for dispersed prisoners of war and of assuring their repatriation with the least possible delay. SECTION III Death of Prisoners of War Article 120 Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Grave Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 121 Every death or serious injury of a prisoner of war caused or suspected to have been caused by a sentry, another prisoner of war, or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. Statements shall be taken from witnesses, especially from those who are prisoners of war, and a report including such statements shall be forwarded to the Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all measures for the prosecution of the person or persons responsible. PART V Information Bureaux and Relief Societies for Prisoners of War Article 122 Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall institute an official Information Bureau for prisoners of war who are in its power. Neutral or non-belligerent Powers who may have received within their territory persons belonging to one of the categories referred to in Article 4, shall take the same action with respect to such persons. The Power concerned shall ensure that the Prisoners of War Information Bureau is provided with the necessary accommodation, equipment and staff to ensure its efficient working. It shall be at liberty to employ prisoners of war in such a Bureau under the conditions laid down in the Section of the present Convention dealing with work by prisoners of war. Within the shortest possible period, each of the Parties to the conflict shall give its Bureau the information referred to in the fourth, fifth and sixth paragraphs of this Article regarding any enemy person belonging to one of the categories referred to in Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take the same action with regard to persons belonging to such categories whom they have received within their territory. The Bureau shall immediately forward such information by the most rapid means to the Powers concerned, through the intermediary of the Protecting Powers and likewise of the Central Agency provided for in Article 123. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III This information shall make it possible quickly to advise the next of kin concerned. Subject to the provisions of Article 17, the information shall include, in so far as available to the Information Bureau, in respect of each prisoner of war, his surname, first names, rank, army, regimental, personal or serial number, place and full date of birth, indication of the Power on which he depends, first name of the father and maiden name of the mother, name and address of the person to be informed and the address to which correspondence for the prisoner may be sent. The Information Bureau shall receive from the various departments concerned information regarding transfers, releases, repatriations, escapes, admissions to hospital, and deaths, and shall transmit such information in the manner described in the third paragraph above. Likewise, information regarding the state of health of prisoners of war who are seriously ill or seriously wounded shall be supplied regularly, every week if possible. The Information Bureau shall also be responsible for replying to all enquiries sent to it concerning prisoners of war, including those who have died in captivity; it will make any enquiries necessary to obtain the information which is asked for if this is not in its possession. All written communications made by the Bureau shall be authenticated by a signature or a seal. The Information Bureau shall furthermore be charged with collecting all personal valuables, including sums in currencies other than that of the Detaining Power and documents of importance to the next of kin, left by prisoners of war who have been repatriated or released, or who have escaped or died, and shall forward the said valuables to the Powers concerned. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full particulars of the identity of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Other personal effects of such prisoners of war shall be transmitted under arrangements agreed upon between the Parties to the conflict concerned. Article 123 A Central Prisoners of War Information Agency shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency. The function of the Agency shall be to collect all the information it may obtain through official or private channels respecting prisoners of war, and to transmit it as rapidly as possible to the country of origin of the prisoners of war or to the Power on which they depend. It shall receive from the Parties to the conflict all facilities for effecting such transmissions. The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require. The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross, or of the relief societies provided for in Article 125. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 124 The national Information Bureaux and the Central Information Agency shall enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. Article 125 Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organization assisting prisoners of war, shall receive from the said Powers, for themselves and their duly accredited agents, all necessary facilities for visiting the prisoners, for distributing relief supplies and material, from any source, intended for religious, educational or recreative purposes, and for assisting them in organizing their leisure time within the camps. Such societies or organizations may be constituted in the territory of the Detaining Power or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the effective operation of adequate relief to all prisoners of war. The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times. As soon as relief supplies or material intended for the abovementioned purposes are handed over to prisoners of war, or very shortly afterwards, receipts for each consignment, signed by the prisoners’ representative, shall be forwarded to the relief society or organization making the shipment. At the same time, receipts for these consignments shall be supplied by the administrative authorities responsible for guarding the prisoners. PART VI Execution of the Convention SECTION I General Provisions Article 126 Representatives or delegates of the Protecting Powers shall have permission to go to all places where prisoners of war Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III may be, particularly to places of internment, imprisonment and labour, and shall have access to all premises occupied by prisoners of war; they shall also be allowed to go to the places of departure, passage and arrival of prisoners who are being transferred. They shall be able to interview the prisoners, and in particular the prisoners’ representatives, without witnesses, either personally or through an interpreter. Representatives and delegates of the Protecting Powers shall have full liberty to select the places they wish to visit. The duration and frequency of these visits shall not be restricted. Visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. The Detaining Power and the Power on which the said prisoners of war depend may agree, if necessary, that compatriots of these prisoners of war be permitted to participate in the visits. The delegates of the International Committee of the Red Cross shall enjoy the same prerogatives. The appointment of such delegates shall be submitted to the approval of the Power detaining the prisoners of war to be visited. Article 127 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to all their armed forces and to the entire population. Any military or other authorities, who in time of war assume responsibilities in respect of prisoners of war, must possess the text of the Convention and be specially instructed as to its provisions. Article 128 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. Article 129 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the present Convention. Article 130 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, compelling a prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a prisoner of war of the rights of fair and regular trial prescribed in this Convention. Article 131 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 132 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. SECTION II Final Provisions Article 133 The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III Article 134 The present Convention replaces the Convention of July 27, 1929, in relations between the High Contracting Parties. Article 135 In the relations between the Powers which are bound by the Hague Convention respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and which are parties to the present Convention, this last Convention shall be complementary to Chapter II of the Regulations annexed to the above-mentioned Conventions of the Hague. Article 136 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949; furthermore, by Powers not represented at that Conference, but which are parties to the Convention of July 27, 1929. Article 137 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 138 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 139 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. Article 140 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 141 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Article 142 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with release and repatriation of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 143 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. [Here follow the annexes and the signatures on behalf of the Governments of Afghanistan, People’s Republic of Albania*, Argentina*, Australia, Austria, Belgium, Byelorussian Soviet Socialist Republic*, Bolivia, Brazil, Bulgarian People’s Republic*, Canada, Ceylon, Chile, China, Colombia, Cuba, Denmark, Egypt, Ecuador, Spain*, United States of America, Ethiopia, Finland, France, Greece, Guatemala, Hungarian People’s Republic, India, Iran, Republic of Ireland, Israel, Italy*, Lebanon, Liechtenstein, Luxemburg*, Mexico, Principality of Monaco, Nicaragua, Norway, New Zealand, Pakistan, Paraguay, Netherlands, Peru, Republic of the Philippines, Poland*, Portugal*, Rumanian People’s Republic*, United Kingdom of Great Britain and Northern Ireland, Holy See, El Salvador, Sweden, Switzerland, Syria, Czechoslovakia*, Turkey, Ukrainian Soviet Socialist Republic*, Union of Soviet Socialist Republics*, Uruguay, Venezuela, and Federal People’s Republic of Yugoslavia*.] Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE III [*An asterisk beside the name of a country indicates that that country signed the Convention with one or more reservations.] R.S., c. G-3, Sch. III. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV SCHEDULE IV (Section 2) Geneva Convention relative to the Protection of Civilian Persons in Time of War of August 12, 1949 The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of establishing a Convention for the Protection of Civilian Persons in Time of War, have agreed as follows: PART I General Provisions Article 1 The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances. Article 2 In addition to the provisions which shall be implemented in peacetime, the present Convention shall apply to all cases of declared war or of any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them. The Convention shall also apply to all cases of partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance. Although one of the Powers in conflict may not be a party to the present Convention, the Powers who are parties thereto shall remain bound by it in their mutual relations. They shall furthermore be bound by the Convention in relation to the said Power, if the latter accepts and applies the provisions thereof. Article 3 In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (1) Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria. To this end, the following acts are and shall remain prohibited at any time and in any place whatsoever with respect to the above-mentioned persons: (a) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV (c) outrages upon personal dignity, in particular humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples. (2) The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict. Article 4 Persons protected by the Convention are those who, at a given moment and in any manner whatsoever, find themselves, in case of a conflict or occupation, in the hands of a Party to the conflict or Occupying Power of which they are not nationals. Nationals of a State which is not bound by the Convention are not protected by it. Nationals of a neutral State who find themselves in the territory of a belligerent State, and nationals of a co-belligerent State, shall not be regarded as protected persons while the State of which they are nationals has normal diplomatic representation in the State in whose hands they are. The provisions of Part II are, however, wider in application, as defined in Article 13. Persons protected by the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, or by the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of August 12, 1949, or by the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949, shall not be considered as protected persons within the meaning of the present Convention. Article 5 Where, in the territory of a Party to the conflict, the latter is satisfied that an individual protected person is definitely suspected of or engaged in activities hostile to the security of the State, such individual person shall not be entitled to claim such rights and privileges under the present Convention as would, if exercised in the favour of such individual person, be prejudicial to the security of such State. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Where in occupied territory an individual protected person is detained as a spy or saboteur, or as a person under definite suspicion of activity hostile to the security of the Occupying Power, such person shall, in those cases where absolute military security so requires, be regarded as having forfeited rights of communication under the present Convention. In each case, such persons shall nevertheless be treated with humanity, and in case of trial, shall not be deprived of the rights of fair and regular trial prescribed by the present Convention. They shall also be granted the full rights and privileges of a protected person under the present Convention at the earliest date consistent with the security of the State or Occupying Power, as the case may be. Article 6 The present Convention shall apply from the outset of any conflict or occupation mentioned in Article 2. In the territory of Parties to the conflict, the application of the present Convention shall cease on the general close of military operations. In the case of occupied territory, the application of the present Convention shall cease one year after the general close of military operations; however, the Occupying Power shall be bound, for the duration of the occupation, to the extent that such Power exercises the functions of government in such territory, by the provisions of the following Articles of the present Convention: 1 to 12, 27, 29 to 34, 47, 49, 51, 52, 53, 59, 61 to 77, 143. Protected persons whose release, repatriation or re-establishment may take place after such dates shall meanwhile continue to benefit by the present Convention. Article 7 In addition to the agreements expressly provided for in Articles 11, 14, 15, 17, 36, 108, 109, 132, 133 and 149, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of protected persons, as defined by the present Convention, nor restrict the rights which it confers upon them. Protected persons shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 8 Protected persons may in no circumstances renounce in part or in entirety the rights secured to them by the present Convention, and by the special agreements referred to in the foregoing Article, if such there be. Article 9 The present Convention shall be applied with the cooperation and under the scrutiny of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the conflict. For this purpose, the Protecting Powers may appoint, apart from their diplomatic or consular staff, delegates from amongst their own nationals or the nationals of other neutral Powers. The said delegates shall be subject to the approval of the Power with which they are to carry out their duties. The Parties to the conflict shall facilitate to the greatest extent possible the task of the representatives or delegates of the Protecting Powers. The representatives or delegates of the Protecting Powers shall not in any case exceed their mission under the present Convention. They shall, in particular, take account of the imperative necessities of security of the State wherein they carry out their duties. Article 10 The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of civilian persons and for their relief. Article 11 The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When persons protected by the present Convention do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever in the present Convention mention is made of a Protecting Power, such mention applies to substitute organizations in the sense of the present Article. The provisions of this Article shall extend and be adapted to cases of nationals of a neutral State who are in occupied territory or who find themselves in the territory of a belligerent State in which the State of which they are nationals has not normal diplomatic representation. Article 12 In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, and in particular of the authorities responsible for protected persons, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting. PART II General Protection of Populations Against Certain Consequences of War Article 13 The provisions of Part II cover the whole of the populations of the countries in conflict, without any adverse distinction based, in particular, on race, nationality, religion or political opinion, and are intended to alleviate the sufferings caused by war. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 14 In time of peace, the High Contracting Parties and, after the outbreak of hostilities, the Parties thereto, may establish in their own territory and, if the need arises, in occupied areas, hospital and safety zones and localities so organized as to protect from the effects of war, wounded, sick and aged persons, children under fifteen, expectant mothers and mothers of children under seven. Upon the outbreak and during the course of hostilities, the Parties concerned may conclude agreements on mutual recognition of the zones and localities they have created. They may for this purpose implement the provisions of the Draft Agreement annexed to the present Convention, with such amendments as they may consider necessary. The Protecting Powers and the International Committee of the Red Cross are invited to lend their good offices in order to facilitate the institution and recognition of these hospital and safety zones and localities. Article 15 Any Party to the conflict may, either direct or through a neutral State or some humanitarian organization, propose to the adverse Party to establish, in the regions where fighting is taking place, neutralized zones intended to shelter from the effects of war the following persons, without distinction: (a) wounded and sick combatants or non-combatants; (b) civilian persons who take no part in hostilities, and who, while they reside in the zones, perform no work of a military character. When the Parties concerned have agreed upon the geographical position, administration, food supply and supervision of the proposed neutralized zone, a written agreement shall be concluded and signed by the representatives of the Parties to the conflict. The agreement shall fix the beginning and the duration of the neutralization of the zone. Article 16 The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment. Article 17 The Parties to the conflict shall endeavour to conclude local agreements for the removal from besieged or encircled areas, of wounded, sick, infirm, and aged persons, children and maternity cases, and for the passage of ministers of all religions, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV medical personnel and medical equipment on their way to such areas. Article 18 Civilian hospitals organized to give care to the wounded and sick, the infirm and maternity cases, may in no circumstances be the object of attack, but shall at all times be respected and protected by the Parties to the conflict. States which are Parties to a conflict shall provide all civilian hospitals with certificates showing that they are civilian hospitals and that the buildings which they occupy are not used for any purpose which would deprive these hospitals of protection in accordance with Article 19. Civilian hospitals shall be marked by means of the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949, but only if so authorized by the State. The Parties to the conflict shall, in so far as military considerations permit, take the necessary steps to make the distinctive emblems indicating civilian hospitals clearly visible to the enemy land, air and naval forces in order to obviate the possibility of any hostile action. In view of the dangers to which hospitals may be exposed by being close to military objectives, it is recommended that such hospitals be situated as far as possible from such objectives. Article 19 The protection to which civilian hospitals are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming, in all appropriate cases, a reasonable time limit, and after such warning has remained unheeded. The fact that sick or wounded members of the armed forces are nursed in these hospitals, or the presence of small arms and ammunition taken from such combatants and not yet handed to the proper service, shall not be considered to be acts harmful to the enemy. Article 20 Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected. In occupied territory and in zones of military operations, the above personnel shall be recognizable by means of an identity card certifying their status, bearing the photograph of the holder and embossed with the stamp of the responsible authority, and also by means of a stamped, water-resistant armlet which they shall wear on the left arm while carrying out their duties. This armlet shall be issued by the State and shall bear the emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Wounded and Sick in Armed Forces in the Field of August 12, 1949. Other personnel who are engaged in the operation and administration of civilian hospitals shall be entitled to respect and protection and to wear the armlet, as provided in and under the conditions prescribed in this Article, while they are employed on such duties. The identity card shall state the duties on which they are employed. The management of each hospital shall at all times hold at the disposal of the competent national or occupying authorities an up-to-date list of such personnel. Article 21 Convoys of vehicles or hospital trains on land or specially provided vessels on sea, conveying wounded and sick civilians, the infirm and maternity cases, shall be respected and protected in the same manner as the hospitals provided for in Article 18, and shall be marked, with the consent of the State, by the display of the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Article 22 Aircraft exclusively employed for the removal of wounded and sick civilians, the infirm and maternity cases, or for the transport of medical personnel and equipment, shall not be attacked, but shall be respected while flying at heights, times and on routes specifically agreed upon between all the Parties to the conflict concerned. They may be marked with the distinctive emblem provided for in Article 38 of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949. Unless agreed otherwise, flights over enemy or enemy-occupied territory are prohibited. Such aircraft shall obey every summons to land. In the event of a landing thus imposed, the aircraft with its occupants may continue its flight after examination, if any. Article 23 Each High Contracting Party shall allow the free passage of all consignments of medical and hospital stores and objects necessary for religious worship intended only for civilians of another High Contracting Party, even if the latter is its adversary. It shall likewise permit the free passage of all consignments of essential foodstuffs, clothing and tonics intended for children under fifteen, expectant mothers and maternity cases. The obligation of a High Contracting Party to allow the free passage of the consignments indicated in the preceding paragraph is subject to the condition that this Party is satisfied that there are no serious reasons for fearing: (a) that the consignments may be diverted from their destination, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV (b) that the control may not be effective, or (c) that a definite advantage may accrue to the military efforts or economy of the enemy through the substitution of the above-mentioned consignments for goods which would otherwise be provided or produced by the enemy or through the release of such material, services or facilities as would otherwise be required for the production of such goods. The Power which allows the passage of the consignments indicated in the first paragraph of this Article may make such permission conditional on the distribution to the persons benefited thereby being made under the local supervision of the Protecting Powers. Such consignments shall be forwarded as rapidly as possible, and the Power which permits their free passage shall have the right to prescribe the technical arrangements under which such passage is allowed. Article 24 The Parties to the conflict shall take the necessary measures to ensure that children under fifteen, who are orphaned or are separated from their families as a result of the war, are not left to their own resources, and that their maintenance, the exercise of their religion and their education are facilitated in all circumstances. Their education shall, as far as possible, be entrusted to persons of a similar cultural tradition. The Parties to the conflict shall facilitate the reception of such children in a neutral country for the duration of the conflict with the consent of the Protecting Power, if any, and under due safeguards for the observance of the principles stated in the first paragraph. They shall, furthermore, endeavour to arrange for all children under twelve to be identified by the wearing of identity discs, or by some other means. Article 25 All persons in the territory of a Party to the conflict, or in a territory occupied by it, shall be enabled to give news of a strictly personal nature to members of their families, wherever they may be, and to receive news from them. This correspondence shall be forwarded speedily and without undue delay. If, as a result of circumstances, it becomes difficult or impossible to exchange family correspondence by the ordinary post, the Parties to the conflict concerned shall apply to a neutral intermediary, such as the Central Agency provided for in Article 140, and shall decide in consultation with it how to ensure the fulfilment of their obligations under the best possible conditions, in particular with the cooperation of the National Red Cross (Red Crescent, Red Lion and Sun) Societies. If the Parties to the conflict deem it necessary to restrict family correspondence, such restrictions shall be confined to the compulsory use of standard forms containing twenty-five freely chosen words, and to the limitation of the number of these forms despatched to one each month. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 26 Each Party to the conflict shall facilitate enquiries made by members of families dispersed owing to the war, with the object of renewing contact with one another and of meeting, if possible. It shall encourage, in particular, the work of organizations engaged on this task provided they are acceptable to it and conform to its security regulations. PART III Status and Treatment of Protected Persons SECTION I Provisions Common to the Territories of the Parties to the Conflict and to Occupied Territories Article 27 Protected persons are entitled, in all circumstances, to respect for their persons, their honour, their family rights, their religious convictions and practices, and their manners and customs. They shall at all times be humanely treated, and shall be protected especially against all acts of violence or threats thereof and against insults and public curiosity. Women shall be especially protected against any attack on their honour, in particular against rape, enforced prostitution, or any form of indecent assault. Without prejudice to the provisions relating to their state of health, age and sex, all protected persons shall be treated with the same consideration by the Party to the conflict in whose power they are, without any adverse distinction based, in particular, on race, religion or political opinion. However, the Parties to the conflict may take such measures of control and security in regard to protected persons as may be necessary as a result of the war. Article 28 The presence of a protected person may not be used to render certain points or areas immune from military operations. Article 29 The Party to the conflict in whose hands protected persons may be, is responsible for the treatment accorded to them by its agents, irrespective of any individual responsibility which may be incurred. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 30 Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them. These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations. Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate as much as possible visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons. Article 31 No physical or moral coercion shall be exercised against protected persons, in particular to obtain information from them or from third parties. Article 32 The High Contracting Parties specifically agree that each of them is prohibited from taking any measure of such a character as to cause the physical suffering or extermination of protected persons in their hands. This prohibition applies not only to murder, torture, corporal punishment, mutilation and medical or scientific experiments not necessitated by the medical treatment of a protected person, but also to any other measures of brutality whether applied by civilian or military agents. Article 33 No protected person may be punished for an offence he or she has not personally committed. Collective penalties and likewise all measures of intimidation or of terrorism are prohibited. Pillage is prohibited. Reprisals against protected persons and their property are prohibited. Article 34 The taking of hostages is prohibited. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV SECTION II Aliens in the Territory of a Party to the Conflict Article 35 All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use. If any such person is refused permission to leave the territory, he shall be entitled to have such refusal reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave. Article 36 Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. Article 37 Protected persons who are confined pending proceedings or serving a sentence involving loss of liberty, shall during their confinement be humanely treated. As soon as they are released, they may ask to leave the territory in conformity with the foregoing Articles. Article 38 With the exception of special measures authorized by the present Convention, in particular by Articles 27 and 41 thereof, the situation of protected persons shall continue to be regulated, in principle, by the provisions concerning aliens in Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV time of peace. In any case, the following rights shall be granted to them: (1) They shall be enabled to receive the individual or collective relief that may be sent to them. (2) They shall, if their state of health so requires, receive medical attention and hospital treatment to the same extent as the nationals of the State concerned. (3) They shall be allowed to practise their religion and to receive spiritual assistance from ministers of their faith. (4) If they reside in an area particularly exposed to the dangers of war, they shall be authorized to move from that area to the same extent as the nationals of the State concerned. (5) Children under fifteen years, pregnant women and mothers of children under seven years shall benefit by any preferential treatment to the same extent as the nationals of the State concerned. Article 39 Protected persons who, as a result of the war, have lost their gainful employment, shall be granted the opportunity to find paid employment. That opportunity shall, subject to security considerations and to the provisions of Article 40, be equal to that enjoyed by the nationals of the Power in whose territory they are. Where a Party to the conflict applies to a protected person methods of control which result in his being unable to support himself, and especially if such a person is prevented for reasons of security from finding paid employment on reasonable conditions, the said Party shall ensure his support and that of his dependants. Protected persons may in any case receive allowances from their home country, the Protecting Power, or the relief societies referred to in Article 30. Article 40 Protected persons may be compelled to work only to the same extent as nationals of the Party to the conflict in whose territory they are. If protected persons are of enemy nationality, they may only be compelled to do work which is normally necessary to ensure the feeding, sheltering, clothing, transport and health of human beings and which is not directly related to the conduct of military operations. In the cases mentioned in the two preceding paragraphs, protected persons compelled to work shall have the benefit of the same working conditions and of the same safeguards as national workers, in particular as regards wages, hours of labour, clothing and equipment, previous training and compensation for occupational accidents and diseases. If the above provisions are infringed, protected persons shall be allowed to exercise their right of complaint in accordance with Article 30. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 41 Should the Power in whose hands protected persons may be consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43. In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention. Article 42 The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be. Article 43 Any protected person, who has been interned or placed in assigned residence shall be entitled to have such action reconsidered as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. If the internment or placing in assigned residence is maintained, the court or administrative board shall periodically, and at least twice yearly, give consideration to his or her case with a view to the favourable amendment of the initial decision, if circumstances permit. Unless the protected persons concerned object, the Detaining Power shall, as rapidly as possible, give the Protecting Power the names of any protected persons who have been interned or subjected to assigned residence, or who have been released from internment or assigned residence. The decisions of the courts or boards mentioned in the first paragraph of the present Article shall also, subject to the same conditions, be notified as rapidly as possible to the Protecting Power. Article 44 In applying the measures of control mentioned in the present Convention, the Detaining Power shall not treat as enemy aliens exclusively on the basis of their nationality de jure of an enemy State, refugees who do not, in fact, enjoy the protection of any government. Article 45 Protected persons shall not be transferred to a Power which is not a party to the Convention. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with. In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs. The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law. Article 46 In so far as they have not been previously withdrawn, restrictive measures taken regarding protected persons shall be cancelled as soon as possible after the close of hostilities. Restrictive measures affecting their property shall be cancelled, in accordance with the law of the Detaining Power, as soon as possible after the close of hostilities. SECTION III Occupied Territories Article 47 Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory. Article 48 Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 49 Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited, regardless of their motive. Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand. Such evacuations may not involve the displacement of protected persons outside the bounds of the occupied territory except when for material reasons it is impossible to avoid such displacement. Persons thus evacuated shall be transferred back to their homes as soon as hostilities in the area in question have ceased. The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons, that the removals are effected in satisfactory conditions of hygiene, health, safety and nutrition, and that members of the same family are not separated. The Protecting Power shall be informed of any transfers and evacuations as soon as they have taken place. The Occupying Power shall not detain protected persons in an area particularly exposed to the dangers of war unless the security of the population or imperative military reasons so demand. The Occupying Power shall not deport or transfer parts of its own civilian population into the territory it occupies. Article 50 The Occupying Power shall, with the cooperation of the national and local authorities, facilitate the proper working of all institutions devoted to the care and education of children. The Occupying Power shall take all necessary steps to facilitate the identification of children and the registration of their parentage. It may not, in any case, change their personal status, nor enlist them in formations or organizations subordinate to it. Should the local institutions be inadequate for the purpose, the Occupying Power shall make arrangements for the maintenance and education, if possible by persons of their own nationality, language and religion, of children who are orphaned or separated from their parents as a result of the war and who cannot be adequately cared for by a near relative or friend. A special section of the Bureau set up in accordance with Article 136 shall be responsible for taking all necessary steps to identify children whose identity is in doubt. Particulars of their parents or other near relatives should always be recorded if available. The Occupying Power shall not hinder the application of any preferential measures in regard to food, medical care and protection against the effects of war, which may have been adopted prior to the occupation in favour of children under fifteen years, expectant mothers, and mothers of children under seven years. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 51 The Occupying Power may not compel protected persons to serve in its armed or auxiliary forces. No pressure or propaganda which aims at securing voluntary enlistment is permitted. The Occupying Power may not compel protected persons to work unless they are over eighteen years of age, and then only on work which is necessary either for the needs of the army of occupation, or for the public utility services, or for the feeding, sheltering, clothing, transportation or health of the population of the occupied country. Protected persons may not be compelled to undertake any work which would involve them in the obligation of taking part in military operations. The Occupying Power may not compel protected persons to employ forcible means to ensure the security of the installations where they are performing compulsory labour. The work shall be carried out only in the occupied territory where the persons whose services have been requisitioned are. Every such person shall, so far as possible, be kept in his usual place of employment. Workers shall be paid a fair wage and the work shall be proportionate to their physical and intellectual capacities. The legislation in force in the occupied country concerning working conditions, and safeguards as regards, in particular, such matters as wages, hours of work, equipment, preliminary training and compensation for occupational accidents and diseases, shall be applicable to the protected persons assigned to the work referred to in this Article. In no case shall requisition of labour lead to a mobilization of workers in an organization of a military or semi-military character. Article 52 No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power’s intervention. All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited. Article 53 Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organizations, is prohibited, except where such destruction is rendered absolutely necessary by military operations. Article 54 The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience. This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts. Article 55 To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring the food and medical supplies of the population; it should, in particular, bring in the necessary foodstuffs, medical stores and other articles if the resources of the occupied territory are inadequate. The Occupying Power may not requisition foodstuffs, articles or medical supplies available in the occupied territory, except for use by the occupation forces and administration personnel, and then only if the requirements of the civilian population have been taken into account. Subject to the provisions of other international Conventions, the Occupying Power shall make arrangements to ensure that fair value is paid for any requisitioned goods. The Protecting Power shall, at any time, be at liberty to verify the state of the food and medical supplies in occupied territories, except where temporary restrictions are made necessary by imperative military requirements. Article 56 To the fullest extent of the means available to it, the Occupying Power has the duty of ensuring and maintaining, with the cooperation of national and local authorities, the medical and hospital establishments and services, public health and hygiene in the occupied territory, with particular reference to the adoption and application of the prophylactic and preventive measures necessary to combat the spread of contagious diseases and epidemics. Medical personnel of all categories shall be allowed to carry out their duties. If new hospitals are set up in occupied territory and if the competent organs of the occupied State are not operating there, the occupying authorities shall, if necessary, grant them the recognition provided for in Article 18. In similar circumstances, the occupying authorities shall also grant recognition to hospital personnel and transport vehicles under the provisions of Articles 20 and 21. In adopting measures of health and hygiene and in their implementation, the Occupying Power shall take into consideration the moral and ethical susceptibilities of the population of the occupied territory. Article 57 The Occupying Power may requisition civilian hospitals only temporarily and only in cases of urgent necessity for the care of military wounded and sick, and then on condition that suitable arrangements are made in due time for the care and treatment of the patients and for the needs of the civilian population for hospital accommodation. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV The material and stores of civilian hospitals cannot be requisitioned so long as they are necessary for the needs of the civilian population. Article 58 The Occupying Power shall permit ministers of religion to give spiritual assistance to the members of their religious communities. The Occupying Power shall also accept consignments of books and articles required for religious needs and shall facilitate their distribution in occupied territory. Article 59 If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection. A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power. Article 60 Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power. Article 61 The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body. Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories. Article 62 Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them. Article 63 Subject to temporary and exceptional measures imposed for urgent reasons of security by the Occupying Power: (a) recognized National Red Cross (Red Crescent, Red Lion and Sun) Societies shall be able to pursue their activities in accordance with Red Cross principles, as defined by the International Red Cross Conferences. Other relief societies shall be permitted to continue their humanitarian activities under similar conditions; (b) the Occupying Power may not require any changes in the personnel or structure of these societies, which would prejudice the aforesaid activities. The same principles shall apply to the activities and personnel of special organizations of a non-military character, which already exist or which may be established, for the purpose of ensuring the living conditions of the civilian population by the maintenance of the essential public utility services, by the distribution of relief and by the organization of rescues. Article 64 The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws. The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them. Article 65 The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 66 In case of a breach of the penal provisions promulgated by it by virtue of the second paragraph of Article 64, the Occupying Power may hand over the accused to its properly constituted, non-political military courts, on condition that the said courts sit in the occupied country. Courts of appeal shall preferably sit in the occupied country. Article 67 The courts shall apply only those provisions of law which were applicable prior to the offence, and which are in accordance with general principles of law, in particular the principle that the penalty shall be proportionate to the offence. They shall take into consideration the fact that the accused is not a national of the Occupying Power. Article 68 Protected persons who commit an offence which is solely intended to harm the Occupying Power, but which does not constitute an attempt on the life or limb of members of the occupying forces or administration, nor a grave collective danger, nor seriously damage the property of the occupying forces or administration or the installations used by them, shall be liable to internment or simple imprisonment, provided the duration of such internment or imprisonment is proportionate to the offence committed. Furthermore, internment or imprisonment shall, for such offences, be the only measure adopted for depriving protected persons of liberty. The courts provided for under Article 66 of the present Convention may at their discretion convert a sentence of imprisonment to one of internment for the same period. The penal provisions promulgated by the Occupying Power in accordance with Articles 64 and 65 may impose the death penalty on a protected person only in cases where the person is guilty of espionage, of serious acts of sabotage against the military installations of the Occupying Power or of intentional offences which have caused the death of one or more persons, provided that such offences were punishable by death under the law of the occupied territory in force before the occupation began. The death penalty may not be pronounced against a protected person unless the attention of the court has been particularly called to the fact that since the accused is not a national of the Occupying Power, he is not bound to it by any duty of allegiance. In any case, the death penalty may not be pronounced against a protected person who was under eighteen years of age at the time of the offence. Article 69 In all cases, the duration of the period during which a protected person accused of an offence is under arrest awaiting trial or punishment shall be deducted from any period of imprisonment awarded. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 70 Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace. Article 71 No sentence shall be pronounced by the competent courts of the Occupying Power except after a regular trial. Accused persons who are prosecuted by the Occupying Power shall be promptly informed, in writing, in a language which they understand, of the particulars of the charges preferred against them, and shall be brought to trial as rapidly as possible. The Protecting Power shall be informed of all proceedings instituted by the Occupying Power against protected persons in respect of charges involving the death penalty or imprisonment for two years or more; it shall be enabled, at any time, to obtain information regarding the state of such proceedings. Furthermore, the Protecting Power shall be entitled, on request, to be furnished with all particulars of these and of any other proceedings instituted by the Occupying Power against protected persons. The notification to the Protecting Power, as provided for in the second paragraph above, shall be sent immediately, and shall in any case reach the Protecting Power three weeks before the date of the first hearing. Unless, at the opening of the trial, evidence is submitted that the provisions of this Article are fully complied with, the trial shall not proceed. The notification shall include the following particulars: (a) description of the accused; (b) place of residence or detention; (c) specification of the charge or charges (with mention of the penal provisions under which it is brought); (d) designation of the court which will hear the case; (e) place and date of the first hearing. Article 72 Accused persons shall have the right to present evidence necessary to their defence and may, in particular, call witnesses. They shall have the right to be assisted by a qualified advocate or counsel of their own choice, who shall be able to visit them freely and shall enjoy the necessary facilities for preparing the defence. Failing a choice by the accused, the Protecting Power may provide him with an advocate or counsel. When an accused Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV person has to meet a serious charge and the Protecting Power is not functioning, the Occupying Power, subject to the consent of the accused, shall provide an advocate or counsel. Accused persons shall, unless they freely waive such assistance, be aided by an interpreter, both during preliminary investigation and during the hearing in court. They shall have the right at any time to object to the interpreter and to ask for his replacement. Article 73 A convicted person shall have the right of appeal provided for by the laws applied by the court. He shall be fully informed of his right to appeal or petition and of the time limit within which he may do so. The penal procedure provided in the present Section shall apply, as far as it is applicable, to appeals. Where the laws applied by the Court make no provision for appeals, the convicted person shall have the right to petition against the finding and sentence to the competent authority of the Occupying Power. Article 74 Representatives of the Protecting Power shall have the right to attend the trial of any protected person, unless the hearing has, as an exceptional measure, to be held in camera in the interests of the security of the Occupying Power, which shall then notify the Protecting Power. A notification in respect of the date and place of trial shall be sent to the Protecting Power. Any judgment involving a sentence of death, or imprisonment for two years or more, shall be communicated, with the relevant grounds, as rapidly as possible to the Protecting Power. The notification shall contain a reference to the notification made under Article 71, and, in the case of sentences of imprisonment, the name of the place where the sentence is to be served. A record of judgments other than those referred to above shall be kept by the court and shall be open to inspection by representatives of the Protecting Power. Any period allowed for appeal in the case of sentences involving the death penalty, or imprisonment of two years or more, shall not run until notification of judgment has been received by the Protecting Power. Article 75 In no case shall persons condemned to death be deprived of the right of petition for pardon or reprieve. No death sentence shall be carried out before the expiration of a period of at least six months from the date of receipt by the Protecting Power of the notification of the final judgment confirming such death sentence, or of an order denying pardon or reprieve. The six months period of suspension of the death sentence herein prescribed may be reduced in individual cases in circumstances of grave emergency involving an organized threat to the security of the Occupying Power or its forces, provided always that the Protecting Power is notified of such reduction Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV and is given reasonable time and opportunity to make representations to the competent occupying authorities in respect of such death sentences. Article 76 Protected persons accused of offences shall be detained in the occupied country, and if convicted they shall serve their sentences therein. They shall, if possible, be separated from other detainees and shall enjoy conditions of food and hygiene which will be sufficient to keep them in good health, and which will be at least equal to those obtaining in prisons in the occupied country. They shall receive the medical attention required by their state of health. They shall also have the right to receive any spiritual assistance which they may require. Women shall be confined in separate quarters and shall be under the direct supervision of women. Proper regard shall be paid to the special treatment due to minors. Protected persons who are detained shall have the right to be visited by delegates of the Protecting Power and of the International Committee of the Red Cross, in accordance with the provisions of Article 143. Such persons shall have the right to receive at least one relief parcel monthly. Article 77 Protected persons who have been accused of offences or convicted by the courts in occupied territory, shall be handed over at the close of occupation, with the relevant records, to the authorities of the liberated territory. Article 78 If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment. Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power. Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV SECTION IV Regulations for the Treatment of Internees CHAPTER I General Provisions Article 79 The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78. Article 80 Internees shall retain their full civil capacity and shall exercise such attendant rights as may be compatible with their status. Article 81 Parties to the conflict who intern protected persons shall be bound to provide free of charge for their maintenance, and to grant them also the medical attention required by their state of health. No deduction from the allowances, salaries or credits due to the internees shall be made for the repayment of these costs. The Detaining Power shall provide for the support of those dependent on the internees, if such dependants are without adequate means of support or are unable to earn a living. Article 82 The Detaining Power shall, as far as possible, accommodate the internees according to their nationality, language and customs. Internees who are nationals of the same country shall not be separated merely because they have different languages. Throughout the duration of their internment, members of the same family, and in particular parents and children, shall be lodged together in the same place of internment, except when separation of a temporary nature is necessitated for reasons of employment or health or for the purposes of enforcement of the provisions of Chapter IX of the present Section. Internees may request that their children who are left at liberty without parental care shall be interned with them. Wherever possible, interned members of the same family shall be housed in the same premises and given separate accommodation from other internees, together with facilities for leading a proper family life. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV CHAPTER II Places of Internment Article 83 The Detaining Power shall not set up places of internment in areas particularly exposed to the dangers of war. The Detaining Power shall give the enemy Powers, through the intermediary of the Protecting Powers, all useful information regarding the geographical location of places of internment. Whenever military considerations permit, internment camps shall be indicated by the letters IC, placed so as to be clearly visible in the daytime from the air. The Powers concerned may, however, agree upon any other system of marking. No place other than an internment camp shall be marked as such. Article 84 Internees shall be accommodated and administered separately from prisoners of war and from persons deprived of liberty for any other reason. Article 85 The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war. In no case shall permanent places of internment be situated in unhealthy areas, or in districts the climate of which is injurious to the internees. In all cases where the district, in which a protected person is temporarily interned, is in an unhealthy area or has a climate which is harmful to his health, he shall be removed to a more suitable place of internment as rapidly as circumstances permit. The premises shall be fully protected from dampness, adequately heated and lighted, in particular between dusk and lights out. The sleeping quarters shall be sufficiently spacious and well ventilated, and the internees shall have suitable bedding and sufficient blankets, account being taken of the climate, and the age, sex, and state of health of the internees. Internees shall have for their use, day and night, sanitary conveniences which conform to the rules of hygiene and are constantly maintained in a state of cleanliness. They shall be provided with sufficient water and soap for their daily personal toilet and for washing their personal laundry; installations and facilities necessary for this purpose shall be granted to them. Showers or baths shall also be available. The necessary time shall be set aside for washing and for cleaning. Whenever it is necessary, as an exceptional and temporary measure, to accommodate women internees who are not members of a family unit in the same place of internment as men, the provision of separate sleeping quarters and sanitary Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV conveniences for the use of such women internees shall be obligatory. Article 86 The Detaining Power shall place at the disposal of interned persons, of whatever denomination, premises suitable for the holding of their religious services. Article 87 Canteens shall be installed in every place of internment, except where other suitable facilities are available. Their purpose shall be to enable internees to make purchases, at prices not higher than local market prices, of foodstuffs and articles of everyday use, including soap and tobacco, such as would increase their personal well-being and comfort. Profits made by canteens shall be credited to a welfare fund to be set up for each place of internment, and administered for the benefit of the internees attached to such place of internment. The Internee Committee provided for in Article 102 shall have the right to check the management of the canteen and of the said fund. When a place of internment is closed down, the balance of the welfare fund shall be transferred to the welfare fund of a place of internment for internees of the same nationality, or, if such a place does not exist, to a central welfare fund which shall be administered for the benefit of all internees remaining in the custody of the Detaining Power. In case of a general release, the said profits shall be kept by the Detaining Power, subject to any agreement to the contrary between the Powers concerned. Article 88 In all places of internment exposed to air raids and other hazards of war, shelters adequate in number and structure to ensure the necessary protection shall be installed. In case of alarms, the internees shall be free to enter such shelters as quickly as possible, excepting those who remain for the protection of their quarters against the aforesaid hazards. Any protective measures taken in favour of the population shall also apply to them. All due precautions must be taken in places of internment against the danger of fire. CHAPTER III Food and Clothing Article 89 Daily food rations for internees shall be sufficient in quantity, quality and variety to keep internees in a good state of health and prevent the development of nutritional deficiencies. Account shall also be taken of the customary diet of the internees. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Internees shall also be given the means by which they can prepare for themselves any additional food in their possession. Sufficient drinking water shall be supplied to internees. The use of tobacco shall be permitted. Internees who work shall receive additional rations in proportion to the kind of labour which they perform. Expectant and nursing mothers, and children under fifteen years of age, shall be given additional food, in proportion to their physiological needs. Article 90 When taken into custody, internees shall be given all facilities to provide themselves with the necessary clothing, footwear and change of underwear, and later on, to procure further supplies if required. Should any internees not have sufficient clothing, account being taken of the climate, and be unable to procure any, it shall be provided free of charge to them by the Detaining Power. The clothing supplied by the Detaining Power to internees and the outward markings placed on their own clothes shall not be ignominious nor expose them to ridicule. Workers shall receive suitable working outfits, including protective clothing, whenever the nature of their work so requires. CHAPTER IV Hygiene and Medical Attention Article 91 Every place of internment shall have an adequate infirmary, under the direction of a qualified doctor, where internees may have the attention they require, as well as an appropriate diet. Isolation wards shall be set aside for cases of contagious or mental diseases. Maternity cases and internees suffering from serious diseases, or whose condition requires special treatment, a surgical operation or hospital care, must be admitted to any institution where adequate treatment can be given and shall receive care not inferior to that provided for the general population. Internees shall, for preference, have the attention of medical personnel of their own nationality. Internees may not be prevented from presenting themselves to the medical authorities for examination. The medical authorities of the Detaining Power shall, upon request, issue to every internee who has undergone treatment an official certificate showing the nature of his illness or injury, and the duration and nature of the treatment given. A duplicate of this certificate shall be forwarded to the Central Agency provided for in Article 140. Treatment, including the provision of any apparatus necessary for the maintenance of internees in good health, particularly dentures and other artificial appliances and spectacles, shall be free of charge to the internee. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 92 Medical inspections of internees shall be made at least once a month. Their purpose shall be, in particular, to supervise the general state of health, nutrition and cleanliness of internees, and to detect contagious diseases, especially tuberculosis, malaria, and venereal diseases. Such inspections shall include, in particular, the checking of weight of each internee and, at least once a year, radioscopic examination. CHAPTER V Religious, Intellectual and Physical Activities Article 93 Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities. Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose, the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112. When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees’ faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security. Article 94 The Detaining Power shall encourage intellectual, educational and recreational pursuits, sports and games amongst internees, whilst leaving them free to take part in them or not. It shall take all practicable measures to ensure the exercise thereof, in particular by providing suitable premises. All possible facilities shall be granted to internees to continue their studies or to take up new subjects. The education of children and young people shall be ensured; they shall be allowed Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV to attend schools either within the place of internment or outside. Internees shall be given opportunities for physical exercise, sports and outdoor games. For this purpose, sufficient open spaces shall be set aside in all places of internment. Special playgrounds shall be reserved for children and young people. Article 95 The Detaining Power shall not employ internees as workers, unless they so desire. Employment which, if undertaken under compulsion by a protected person not in internment, would involve a breach of Articles 40 or 51 of the present Convention, and employment on work which is of a degrading or humiliating character are in any case prohibited. After a working period of six weeks, internees shall be free to give up work at any moment, subject to eight days’ notice. These provisions constitute no obstacle to the right of the Detaining Power to employ interned doctors, dentists and other medical personnel in their professional capacity on behalf of their fellow internees, or to employ internees for administrative and maintenance work in places of internment and to detail such persons for work in the kitchens or for other domestic tasks, or to require such persons to undertake duties connected with the protection of internees against aerial bombardment or other war risks. No internee may, however, be required to perform tasks for which he is, in the opinion of a medical officer, physically unsuited. The Detaining Power shall take entire responsibility for all working conditions, for medical attention, for the payment of wages, and for ensuring that all employed internees receive compensation for occupational accidents and diseases. The standards prescribed for the said working conditions and for compensation shall be in accordance with the national laws and regulations, and with the existing practice; they shall in no case be inferior to those obtaining for work of the same nature in the same district. Wages for work done shall be determined on an equitable basis by special agreements between the internees, the Detaining Power, and, if the case arises, employers other than the Detaining Power, due regard being paid to the obligation of the Detaining Power to provide for free maintenance of internees and for the medical attention which their state of health may require. Internees permanently detailed for categories of work mentioned in the third paragraph of this Article, shall be paid fair wages by the Detaining Power. The working conditions and the scale of compensation for occupational accidents and diseases to internees thus detailed, shall not be inferior to those applicable to work of the same nature in the same district. Article 96 All labour detachments shall remain part of and dependent upon a place of internment. The competent authorities of the Detaining Power and the commandant of a place of internment shall be responsible for the observance in a labour detachment of the provisions of the present Convention. The commandant shall keep an up-to-date list of the labour detachments subordinate to him and shall communicate it to the delegates of the Protecting Power, of the International Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Committee of the Red Cross and of other humanitarian organizations who may visit the places of internment. CHAPTER VI Personal Property and Financial Resources Article 97 Internees shall be permitted to retain articles of personal use. Monies, cheques, bonds, etc., and valuables in their possession may not be taken from them except in accordance with established procedure. Detailed receipts shall be given therefor. The amounts shall be paid into the account of every internee as provided for in Article 98. Such amounts may not be converted into any other currency unless legislation in force in the territory in which the owner is interned so requires or the internee gives his consent. Articles which have above all a personal or sentimental value may not be taken away. A woman internee shall not be searched except by a woman. On release or repatriation, internees shall be given all articles, monies or other valuables taken from them during internment and shall receive in currency the balance of any credit to their accounts kept in accordance with Article 98, with the exception of any articles or amounts withheld by the Detaining Power by virtue of its legislation in force. If the property of an internee is so withheld, the owner shall receive a detailed receipt. Family or identity documents in the possession of internees may not be taken away without a receipt being given. At no time shall internees be left without identity documents. If they have none, they shall be issued with special documents drawn up by the detaining authorities, which will serve as their identity papers until the end of their internment. Internees may keep on their persons a certain amount of money, in case or in the shape of purchase coupons, to enable them to make purchases. Article 98 All internees shall receive regular allowances, sufficient to enable them to purchase goods and articles, such as tobacco, toilet requisites, etc. Such allowances may take the form of credits or purchase coupons. Furthermore, internees may receive allowances from the Power to which they owe allegiance, the Protecting Powers, the organizations which may assist them, or their families, as well as the income on their property in accordance with the law of the Detaining Power. The amount of allowances granted by the Power to which they owe allegiance shall be the same for each category of internees (infirm, sick, pregnant women, etc.), but may not be allocated by that Power or distributed by the Detaining Power on the basis of Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV discriminations between internees which are prohibited by Article 27 of the present Convention. The Detaining Power shall open a regular account for every internee, to which shall be credited the allowances named in the present Article, the wages earned and the remittances received, together with such sums taken from him as may be available under the legislation in force in the territory in which he is interned. Internees shall be granted all facilities consistent with the legislation in force in such territory to make remittances to their families and to other dependants. They may draw from their accounts the amounts necessary for their personal expenses, within the limits fixed by the Detaining Power. They shall at all times be afforded reasonable facilities for consulting and obtaining copies of their accounts. A statement of accounts shall be furnished to the Protecting Power on request, and shall accompany the internee in case of transfer. CHAPTER VII Administration and Discipline Article 99 Every place of internment shall be put under the authority of a responsible officer, chosen from the regular military forces or the regular civil administration of the Detaining Power. The officer in charge of the place of internment must have in his possession a copy of the present Convention in the official language, or one of the official languages, of his country and shall be responsible for its application. The staff in control of internees shall be instructed in the provisions of the present Convention and of the administrative measures adopted to ensure its application. The text of the present Convention and the texts of special agreements concluded under the said Convention shall be posted inside the place of internment, in a language which the internees understand, or shall be in the possession of the Internee Committee. Regulations, orders, notices and publications of every kind shall be communicated to the internees and posted inside the places of internment, in a language which they understand. Every order and command addressed to internees individually, must likewise, be given in a language which they understand. Article 100 The disciplinary regime in places of internment shall be consistent with humanitarian principles, and shall in no circumstances include regulations imposing on internees any physical exertion dangerous to their health or involving physical or moral victimization. Identification by tattooing or imprinting signs or markings on the body, is prohibited. In particular, prolonged standing and roll-calls, punishment drill, military drill and manoeuvres, or the reduction of food rations, are prohibited. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 101 Internees shall have the right to present to the authorities in whose power they are, any petition with regard to the conditions of internment to which they are subjected. They shall also have the right to apply without restriction through the Internee Committee or, if they consider it necessary, direct to the representatives of the Protecting Power, in order to indicate to them any points on which they may have complaints to make with regard to the conditions of internment. Such petitions and complaints shall be transmitted forthwith and without alteration, and even if the latter are recognized to be unfounded, they may not occasion any punishment. Periodic reports on the situation in places of internment and as to the needs of the internees, may be sent by the Internee Committees to the representatives of the Protecting Powers. Article 102 In every place of internment, the internees shall freely elect by secret ballot every six months, the members of a Committee empowered to represent them before the Detaining and the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. The members of the Committee shall be eligible for re-election. Internees so elected shall enter upon their duties after their election has been approved by the detaining authorities. The reasons for any refusals or dismissals shall be communicated to the Protecting Powers concerned. Article 103 The Internee Committees shall further the physical, spiritual and intellectual well-being of the internees. In case the internees decide, in particular, to organize a system of mutual assistance amongst themselves, this organization would be within the competence of the Committees in addition to the special duties entrusted to them under other provisions of the present Convention. Article 104 Members of Internee Committees shall not be required to perform any other work, if the accomplishment of their duties is rendered more difficult thereby. Members of Internee Committees may appoint from amongst the internees such assistants as they may require. All material facilities shall be granted to them, particularly a certain freedom of movement necessary for the accomplishment of their duties (visits to labour detachments, receipt of supplies, etc.). All facilities shall likewise be accorded to members of Internee Committees for communication by post and telegraph with the detaining authorities, the Protecting Powers, the International Committee of the Red Cross and their delegates, and with the organizations which give assistance to internees. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Committee members in labour detachments shall enjoy similar facilities for communication with their Internee Committee in the principal place of internment. Such communications shall not be limited, nor considered as forming a part of the quota mentioned in Article 107. Members of Internee Committees who are transferred shall be allowed a reasonable time to acquaint their successors with current affairs. CHAPTER VIII Relations with the Exterior Article 105 Immediately upon interning protected persons, the Detaining Powers shall inform them, the Power to which they owe allegiance and their Protecting Power of the measures taken for executing the provisions of the present Chapter. The Detaining Powers shall likewise inform the Parties concerned of any subsequent modifications of such measures. Article 106 As soon as he is interned, or at the latest not more than one week after his arrival in a place of internment, and likewise in cases of sickness or transfer to another place of internment or to a hospital, every internee shall be enabled to send direct to his family, on the one hand, and to the Central Agency provided for by Article 140, on the other, an internment card similar, if possible, to the model annexed to the present Convention, informing his relatives of his detention, address and state of health. The said cards shall be forwarded as rapidly as possible and may not be delayed in any way. Article 107 Internees shall be allowed to send and receive letters and cards. If the Detaining Power deems it necessary to limit the number of letters and cards sent by each internee, the said number shall not be less than two letters and four cards monthly; these shall be drawn up so as to conform as closely as possible to the models annexed to the present Convention. If limitations must be placed on the correspondence addressed to internees, they may be ordered only by the Power to which such internees owe allegiance, possibly at the request of the Detaining Power. Such letters and cards must be conveyed with reasonable despatch; they may not be delayed or retained for disciplinary reasons. Internees who have been a long time without news, or who find it impossible to receive news from their relatives, or to give them news by the ordinary postal route, as well as those who are at a considerable distance from their homes, shall be allowed to send telegrams, the charges being paid by them in the currency at their disposal. They shall likewise benefit by this provision in cases which are recognized to be urgent. As a rule, internees’ mail shall be written in their own language. The Parties to the conflict may authorize correspondence in other languages. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 108 Internees shall be allowed to receive, by post or by any other means, individual parcels or collective shipments containing in particular foodstuffs, clothing, medical supplies, as well as books and objects of a devotional, educational or recreational character which may meet their needs. Such shipments shall in no way free the Detaining Power from the obligations imposed upon it by virtue of the present Convention. Should military necessity require the quantity of such shipments to be limited, due notice thereof shall be given to the Protecting Power and to the International Committee of the Red Cross, or to any other organization giving assistance to the internees and responsible for the forwarding of such shipments. The conditions for the sending of individual parcels and collective shipments shall, if necessary, be the subject of special agreements between the Powers concerned, which may in no case delay the receipt by the internees of relief supplies. Parcels of clothing and foodstuffs may not include books. Medical relief supplies shall, as a rule, be sent in collective parcels. Article 109 In the absence of special agreements between Parties to the conflict regarding the conditions for the receipt and distribution of collective relief shipments, the regulations concerning collective relief which are annexed to the present Convention shall be applied. The special agreements provided for above shall in no case restrict the right of Internee Committees to take possession of collective relief shipments intended for internees, to undertake their distribution and to dispose of them in the interests of the recipients. Nor shall such agreements restrict the right of representatives of the Protecting Powers, the International Committee of the Red Cross, or any other organization giving assistance to internees and responsible for the forwarding of collective shipments, to supervise their distribution to the recipients. Article 110 All relief shipments for internees shall be exempt from import, customs and other dues. All matter sent by mail, including relief parcels sent by parcel post and remittances of money, addressed from other countries to internees or despatched by them through the post office, either direct or through the Information Bureaux provided for in Article 136 and the Central Information Agency provided for in Article 140, shall be exempt from all postal dues both in the countries of origin and destination and in intermediate countries. To this end, in particular, the exemption provided by the Universal Postal Convention of 1947 and by the agreements of the Universal Postal Union in favour of civilians of enemy nationality detained in camps or civilian prisons, shall be extended to the other interned persons protected by the present Convention. The countries not signatory to the above-mentioned agreements shall be bound to grant freedom from charges in the same circumstances. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV The cost of transporting relief shipments which are intended for internees and which, by reason of their weight or any other cause, cannot be sent through the post office, shall be borne by the Detaining Power in all the territories under its control. Other Powers which are Parties to the present Convention shall bear the cost of transport in their respective territories. Costs connected with the transport of such shipments, which are not covered by the above paragraphs, shall be charged to the senders. The High Contracting Parties shall endeavour to reduce, so far as possible, the charges for telegrams sent by internees, or addressed to them. Article 111 Should military operations prevent the Powers concerned from fulfilling their obligation to ensure the conveyance of the mail and relief shipments provided for in Articles 106, 107, 108 and 113, the Protecting Powers concerned, the International Committee of the Red Cross or any other organization duly approved by the Parties to the conflict may undertake the conveyance of such shipments by suitable means (rail, motor vehicles, vessels or aircraft; etc.). For this purpose, the High Contracting Parties shall endeavour to supply them with such transport, and to allow its circulation, especially by granting the necessary safe-conducts. Such transport may also be used to convey: (a) correspondence, lists and reports exchanged between the Central Information Agency referred to in Article 140 and the National Bureaux referred to in Article 136; (b) correspondence and reports relating to internees which the Protecting Powers, the International Committee of the Red Cross or any other organization assisting the internees exchange either with their own delegates or with the Parties to the conflict. These provisions in no way detract from the right of any Party to the conflict to arrange other means of transport if it should so prefer, nor preclude the granting of safe-conducts, under mutually agreed conditions, to such means of transport. The costs occasioned by the use of such means of transport shall be borne, in proportion to the importance of the shipments, by the Parties to the conflict whose nationals are benefited thereby. Article 112 The censoring of correspondence addressed to internees or despatched by them shall be done as quickly as possible. The examination of consignments intended for internees shall not be carried out under conditions that will expose the goods contained in them to deterioration. It shall be done in the presence of the addressee, or of a fellow-internee duly delegated by him. The delivery to internees of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by the Parties to the conflict either for military or political reasons, shall be only temporary and its duration shall be as short as possible. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 113 The Detaining Powers shall provide all reasonable facilities for the transmission, through the Protecting Power or the Central Agency provided for in Article 140, or as otherwise required, of wills, powers of attorney, letters of authority, or any other documents intended for internees or despatched by them. In all cases the Detaining Powers shall facilitate the execution and authentication in due legal form of such documents on behalf of internees, in particular by allowing them to consult a lawyer. Article 114 The Detaining Power shall afford internees all facilities to enable them to manage their property, provided this is not incompatible with the conditions of internment and the law which is applicable. For this purpose, the said Power may give them permission to leave the place of internment in urgent cases and if circumstances allow. Article 115 In all cases where an internee is a party to proceedings in any court, the Detaining Power shall, if he so requests, cause the court to be informed of his detention and shall, within legal limits, ensure that all necessary steps are taken to prevent him from being in any way prejudiced, by reason of his internment, as regards the preparation and conduct of his case or as regards the execution of any judgment of the court. Article 116 Every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible. As far as is possible, internees shall be permitted to visit their homes in urgent cases, particularly in cases of death or serious illness of relatives. CHAPTER IX Penal and Disciplinary Sanctions Article 117 Subject to the provisions of the present Chapter, the laws in force in the territory in which they are detained will continue to apply to internees who commit offences during internment. If general laws, regulations or orders declare acts committed by internees to be punishable, whereas the same acts are not punishable when committed by persons who are not internees, such acts shall entail disciplinary punishments only. No internee may be punished more than once for the same act, or on the same count. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 118 The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed. Imprisonment in premises without daylight and, in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced. Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result. Article 119 The disciplinary punishments applicable to internees shall be the following: (1) A fine which shall not exceed 50 per cent of the wages which the internee would otherwise receive under the provisions of Article 95 during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. (3) Fatigue duties, not exceeding two hours daily, in connection with the maintenance of the place of internment. (4) Confinement. In no case shall disciplinary penalties be inhuman, brutal or dangerous for the health of internees. Account shall be taken of the internee’s age, sex and state of health. The duration of any single punishment shall in no case exceed a maximum of thirty consecutive days, even if the internee is answerable for several breaches of discipline when his case is dealt with, whether such breaches are connected or not. Article 120 Internees who are recaptured after having escaped or when attempting to escape, shall be liable only to disciplinary punishment in respect of this act, even if it is a repeated offence. Article 118, paragraph 3, notwithstanding, internees punished as a result of escape or attempt to escape, may be subjected to special surveillance, on condition that such surveillance does not affect the state of their health, that it is exercised in a place of internment and that it does not entail the abolition of any of the safeguards granted by the present Convention. Internees who aid and abet an escape or attempt to escape, shall be liable on this count to disciplinary punishment only. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 121 Escape, or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance in cases where an internee is prosecuted for offences committed during his escape. The Parties to the conflict shall ensure that the competent authorities exercise leniency in deciding whether punishment inflicted for an offence shall be of a disciplinary or judicial nature, especially in respect of acts committed in connection with an escape, whether successful or not. Article 122 Acts which constitute offences against discipline shall be investigated immediately. This rule shall be applied, in particular, in cases of escape or attempt to escape. Recaptured internees shall be handed over to the competent authorities as soon as possible. In case of offences against discipline, confinement awaiting trial shall be reduced to an absolute minimum for all internees, and shall not exceed fourteen days. Its duration shall in any case be deducted from any sentence of confinement. The provisions of Articles 124 and 125 shall apply to internees who are in confinement awaiting trial for offences against discipline. Article 123 Without prejudice to the competence of courts and higher authorities, disciplinary punishment may be ordered only by the commandant of the place of internment, or by a responsible officer or official who replaces him, or to whom he has delegated his disciplinary powers. Before any disciplinary punishment is awarded, the accused internee shall be given precise information regarding the offences of which he is accused, and given an opportunity of explaining his conduct and of defending himself. He shall be permitted, in particular, to call witnesses and to have recourse, if necessary, to the services of a qualified interpreter. The decision shall be announced in the presence of the accused and of a member of the Internee Committee. The period elapsing between the time of award of a disciplinary punishment and its execution shall not exceed one month. When an internee is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more. A record of disciplinary punishments shall be maintained by the commandant of the place of internment and shall be open to inspection by representatives of the Protecting Power. Article 124 Internees shall not in any case be transferred to penitentiary establishments (prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV The premises in which disciplinary punishments are undergone shall conform to sanitary requirements; they shall in particular be provided with adequate bedding. Internees undergoing punishment shall be enabled to keep themselves in a state of cleanliness. Women internees undergoing disciplinary punishment shall be confined in separate quarters from male internees and shall be under the immediate supervision of women. Article 125 Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels. No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention. Article 126 The provisions of Articles 71 to 76 inclusive shall apply, by analogy, to proceedings against internees who are in the national territory of the Detaining Power. CHAPTER X Transfers of Internees Article 127 The transfer of internees shall always be effected humanely. As a general rule, it shall be carried out by rail or other means of transport, and under conditions at least equal to those obtaining for the forces of the Detaining Power in their changes of station. If, as an exceptional measure, such removals have to be effected on foot, they may not take place unless the internees are in a fit state of health, and may not in any case expose them to excessive fatigue. The Detaining Power shall supply internees during transfer with drinking water and food sufficient in quantity, quality and variety to maintain them in good health, and also with the necessary clothing, adequate shelter and the necessary medical attention. The Detaining Power shall take all suitable precautions to ensure their safety during transfer, and shall establish before their departure a complete list of all internees transferred. Sick, wounded or infirm internees and maternity cases shall not be transferred if the journey would be seriously detrimental to them, unless their safety imperatively so demands. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV If the combat zone draws close to a place of internment, the internees in the said place shall not be transferred unless their removal can be carried out in adequate conditions of safety, or unless they are exposed to greater risks by remaining on the spot than by being transferred. When making decisions regarding the transfer of internees, the Detaining Power shall take their interests into account and, in particular, shall not do anything to increase the difficulties of repatriating them or returning them to their own homes. Article 128 In the event of transfer, internees shall be officially advised of their departure and of their new postal address. Such notification shall be given in time for them to pack their luggage and inform their next of kin. They shall be allowed to take with them their personal effects, and the correspondence and parcels which have arrived for them. The weight of such baggage may be limited if the conditions of transfer so require, but in no case to less than twentyfive kilograms per internee. Mail and parcels addressed to their former place of internment shall be forwarded to them without delay. The commandant of the place of internment shall take, in agreement with the Internee Committee, any measures needed to ensure the transport of the internees’ community property and of the luggage the internees are unable to take with them in consequence of restrictions imposed by virtue of the second paragraph. CHAPTER XI Deaths Article 129 The wills of internees shall be received for safe-keeping by the responsible authorities; and in the event of the death of an internee his will shall be transmitted without delay to a person whom he has previously designated. Deaths of internees shall be certified in every case by a doctor, and a death certificate shall be made out, showing the causes of death and the conditions under which it occurred. An official record of the death, duly registered, shall be drawn up in accordance with the procedure relating thereto in force in the territory where the place of internment is situated, and a duly certified copy of such record shall be transmitted without delay to the Protecting Power as well as to the Central Agency referred to in Article 140. Article 130 The detaining authorities shall ensure that internees who die while interned are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, properly maintained, and marked in such a way that they can always be recognized. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Deceased internees shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his expressed wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. The ashes shall be retained for safe-keeping by the detaining authorities and shall be transferred as soon as possible to the next of kin on their request. As soon as circumstances permit, and not later than the close of hostilities, the Detaining Power shall forward lists of graves of deceased internees to the Powers on whom the deceased internees depended, through the Information Bureaux provided for in Article 136. Such lists shall include all particulars necessary for the identification of the deceased internees, as well as the exact location of their graves. Article 131 Every death or serious injury of an internee, caused or suspected to have been caused by a sentry, another internee or any other person, as well as any death the cause of which is unknown, shall be immediately followed by an official enquiry by the Detaining Power. A communication on this subject shall be sent immediately to the Protecting Power. The evidence of any witnesses shall be taken, and a report including such evidence shall be prepared and forwarded to the said Protecting Power. If the enquiry indicates the guilt of one or more persons, the Detaining Power shall take all necessary steps to ensure the prosecution of the person or persons responsible. CHAPTER XII Release, Repatriation and Accommodation in Neutral Countries Article 132 Each interned person shall be released by the Detaining Power as soon as the reasons which necessitated his internment no longer exist. The Parties to the conflict shall, moreover, endeavour during the course of hostilities, to conclude agreements for the release, the repatriation, the return to places of residence or the accommodation in a neutral country of certain classes of internees, in particular children, pregnant women and mothers with infants and young children, wounded and sick, and internees who have been detained for a long time. Article 133 Internment shall cease as soon as possible after the close of hostilities. Internees in the territory of a Party to the conflict against whom penal proceedings are pending for offences not exclusively subject to disciplinary penalties, may be detained until Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV the close of such proceedings and, if circumstances require, until the completion of the penalty. The same shall apply to internees who have been previously sentenced to a punishment depriving them of liberty. By agreement between the Detaining Power and the Powers concerned, committees may be set up after the close of hostilities, or of the occupation of territories, to search for dispersed internees. Article 134 The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation. Article 135 The Detaining Power shall bear the expense of returning released internees to the places where they were residing when interned, or, if it took them into custody while they were in transit or on the high seas, the cost of completing their journey or of their return to their point of departure. Where a Detaining Power refuses permission to reside in its territory to a released internee who previously had his permanent domicile therein, such Detaining Power shall pay the cost of the said internee’s repatriation. If, however, the internee elects to return to his country on his own responsibility or in obedience to the Government of the Power to which he owes allegiance, the Detaining Power need not pay the expenses of his journey beyond the point of his departure from its territory. The Detaining Power need not pay the costs of repatriation of an internee who was interned at his own request. If internees are transferred in accordance with Article 45, the transferring and receiving Powers shall agree on the portion of the above costs to be borne by each. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands. SECTION V Information Bureaux and Central Agency Article 136 Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power. Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths. Article 137 Each national Bureau shall immediately forward information concerning protected persons by the most rapid means to the Powers of whom the aforesaid persons are nationals, or to Powers in whose territory they resided, through the intermediary of the Protecting Powers and likewise through the Central Agency provided for in Article 140. The Bureaux shall also reply to all enquiries which may be received regarding protected persons. Information Bureaux shall transmit information concerning a protected person unless its transmission might be detrimental to the person concerned or to his or her relatives. Even in such a case, the information may not be withheld from the Central Agency which, upon being notified of the circumstances, will take the necessary precautions indicated in Article 140. All communications in writing made by any Bureau shall be authenticated by a signature or a seal. Article 138 The information received by the national Bureau and transmitted by it shall be of such a character as to make it possible to identify the protected person exactly and to advise his next of kin quickly. The information in respect of each person shall include at least his surname, first names, place and date of birth, nationality, last residence and distinguishing characteristics, the first name of the father and the maiden name of the mother, the date, place and nature of the action taken with regard to the individual, the address at which correspondence may be sent to him and the name and address of the person to be informed. Likewise, information regarding the state of health of internees who are seriously ill or seriously wounded shall be supplied regularly and if possible every week. Article 139 Each national Information Bureau shall, furthermore, be responsible for collecting all personal valuables left by protected persons mentioned in Article 136, in particular those who have been repatriated or released, or who have escaped or died; it shall forward the said valuables to those concerned, either direct, or, if necessary, through the Central Agency. Such articles shall be sent by the Bureau in sealed packets which shall be accompanied by statements giving clear and full identity particulars of the person to whom the articles belonged, and by a complete list of the contents of the parcel. Detailed records shall be maintained of the receipt and despatch of all such valuables. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 140 A Central Information Agency for protected persons, in particular for internees, shall be created in a neutral country. The International Committee of the Red Cross shall, if it deems necessary, propose to the Powers concerned the organization of such an Agency, which may be the same as that provided for in Article 123 of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. The function of the Agency shall be to collect all information of the type set forth in Article 136 which it may obtain through official or private channels and to transmit it as rapidly as possible to the countries of origin or of residence of the persons concerned, except in cases where such transmissions might be detrimental to the persons whom the said information concerns, or to their relatives. It shall receive from the Parties to the conflict all reasonable facilities for effecting such transmissions. The High Contracting Parties, and in particular those whose nationals benefit by the services of the Central Agency, are requested to give the said Agency the financial aid it may require. The foregoing provisions shall in no way be interpreted as restricting the humanitarian activities of the International Committee of the Red Cross and of the relief societies described in Article 142. Article 141 The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates. PART IV Execution of the Convention SECTION I General Provisions Article 142 Subject to the measures which the Detaining Powers may consider essential to ensure their security or to meet any other reasonable need, the representatives of religious organizations, relief societies, or any other organizations assisting the protected persons, shall receive from these Powers, for themselves or their duly accredited agents, all facilities for visiting the protected persons, for distributing relief supplies and material from any source, intended for educational, recreational or religious purposes, or for assisting them in organizing their leisure time within the places of internment. Such societies or Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV organizations may be constituted in the territory of the Detaining Power, or in any other country, or they may have an international character. The Detaining Power may limit the number of societies and organizations whose delegates are allowed to carry out their activities in its territory and under its supervision, on condition, however, that such limitation shall not hinder the supply of effective and adequate relief to all protected persons. The special position of the International Committee of the Red Cross in this field shall be recognized and respected at all times. Article 143 Representatives or delegates of the Protecting Powers shall have permission to go to all places where protected persons are, particularly to places of internment, detention and work. They shall have access to all premises occupied by protected persons and shall be able to interview the latter without witnesses, personally or through an interpreter. Such visits may not be prohibited except for reasons of imperative military necessity, and then only as an exceptional and temporary measure. Their duration and frequency shall not be restricted. Such representatives and delegates shall have full liberty to select the places they wish to visit. The Detaining or Occupying Power, the Protecting Power and when occasion arises the Power of origin of the persons to be visited, may agree that compatriots of the internees shall be permitted to participate in the visits. The delegates of the International Committee of the Red Cross shall also enjoy the above prerogatives. The appointment of such delegates shall be submitted to the approval of the Power governing the territories where they will carry out their duties. Article 144 The High Contracting Parties undertake, in time of peace as in time of war, to disseminate the text of the present Convention as widely as possible in their respective countries, and, in particular, to include the study thereof in their programmes of military and, if possible, civil instruction, so that the principles thereof may become known to the entire population. Any civilian, military, police or other authorities, who in time of war assume responsibilities in respect of protected persons, must possess the text of the Convention and be specially instructed as to its provisions. Article 145 The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 146 The High Contracting Parties undertake to enact any legislation necessary to provide effective penal sanctions for persons committing, or ordering to be committed, any of the grave breaches of the present Convention defined in the following Article. Each High Contracting Party shall be under the obligation to search for persons alleged to have committed, or to have ordered to be committed, such grave breaches, and shall bring such persons, regardless of their nationality, before its own courts. It may also, if it prefers, and in accordance with the provisions of its own legislation, hand such persons over for trial to another High Contracting Party concerned, provided such High Contracting Party has made out a prima facie case. Each High Contracting Party shall take measures necessary for the suppression of all acts contrary to the provisions of the present Convention other than the grave breaches defined in the following Article. In all circumstances, the accused persons shall benefit by safeguards of proper trial and defence, which shall not be less favourable than those provided by Article 105 and those following of the Geneva Convention relative to the Treatment of Prisoners of War of August 12, 1949. Article 147 Grave breaches to which the preceding Article relates shall be those involving any of the following acts, if committed against persons or property protected by the present Convention: wilful killing, torture or inhuman treatment, including biological experiments, wilfully causing great suffering or serious injury to body or health, unlawful deportation or transfer or unlawful confinement of a protected person, compelling a protected person to serve in the forces of a hostile Power, or wilfully depriving a protected person of the rights of fair and regular trial prescribed in the present Convention, taking of hostages and extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly. Article 148 No High Contracting Party shall be allowed to absolve itself or any other High Contracting Party of any liability incurred by itself or by another High Contracting Party in respect of breaches referred to in the preceding Article. Article 149 At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to be decided between the interested Parties, concerning any alleged violation of the Convention. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV If agreement has not been reached concerning the procedure for the enquiry, the Parties should agree on the choice of an umpire who will decide upon the procedure to be followed. Once the violation has been established, the Parties to the conflict shall put an end to it and shall repress it with the least possible delay. SECTION II Final Provisions Article 150 The present Convention is established in English and in French. Both texts are equally authentic. The Swiss Federal Council shall arrange for official translations of the Convention to be made in the Russian and Spanish languages. Article 151 The present Convention, which bears the date of this day, is open to signature until February 12, 1950, in the name of the Powers represented at the Conference which opened at Geneva on April 21, 1949. Article 152 The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 153 The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification. Article 154 In the relations between the Powers who are bound by The Hague Conventions respecting the Laws and Customs of War on Land, whether that of July 29, 1899, or that of October 18, 1907, and who are parties to the present Convention, this last Convention shall be supplementary to Sections II and III of the Regulations annexed to the above mentioned Conventions of The Hague. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV Article 155 From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention. Article 156 Accessions shall be notified in writing to the Swiss Federal Council, and shall take effect six months after the date on which they are received. The Swiss Federal Council shall communicate the accessions to all the Powers in whose name the Convention has been signed, or whose accession has been notified. Article 157 The situations provided for in Articles 2 and 3 shall give immediate effect to ratifications deposited and accessions notified by the Parties to the conflict before or after the beginning of hostilities or occupation. The Swiss Federal Council shall communicate by the quickest method any ratifications or accessions received from Parties to the conflict. Article 158 Each of the High Contracting Parties shall be at liberty to denounce the present Convention. The denunciation shall be notified in writing to the Swiss Federal Council, which shall transmit it to the Governments of all the High Contracting Parties. The denunciation shall take effect one year after the notification thereof has been made to the Swiss Federal Council. However, a denunciation of which notification has been made at a time when the denouncing Power is involved in a conflict shall not take effect until peace has been concluded, and until after operations connected with the release, repatriation and re-establishment of the persons protected by the present Convention have been terminated. The denunciation shall have effect only in respect of the denouncing Power. It shall in no way impair the obligations which the Parties to the conflict shall remain bound to fulfil by virtue of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity and the dictates of the public conscience. Article 159 The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. In witness whereof the undersigned, having deposited their respective full powers, have signed the present Convention. Done at Geneva this twelfth day of August, 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE IV [Here follow the annexes and the signatures on behalf of the Governments of Afghanistan, People’s Republic of Albania*, Argentina*, Australia, Austria, Belgium, Byelorussian Soviet Socialist Republic*, Bolivia, Brazil*, Bulgarian People’s Republic*, Canada*, Chile, China, Colombia, Cuba, Denmark, Egypt, Ecuador, Spain, United States of America*, Ethiopia, Finland, France, Greece, Guatemala, Hungarian People’s Republic*, India, Iran, Republic of Ireland, Israel*, Italy, Lebanon, Liechtenstein, Luxemburg, Mexico, Principality of Monaco, Nicaragua, Norway, New Zealand*, Pakistan, Paraguay, Netherlands*, Peru, Republic of the Philippines, Poland*, Portugal*, Rumanian People’s Republic*, United Kingdom of Great Britain and Northern Ireland*, Holy See, El Salvador, Sweden, Switzerland, Syria, Czechoslovakia*, Turkey, Ukrainian Soviet Socialist Republic*, Union of Soviet Socialist Republics*, Uruguay, Venezuela, and Federal People’s Republic of Yugoslavia*.] [*An asterisk beside the name of a country indicates that that country signed the Convention with one or more reservations.] R.S., c. G-3, Sch. IV. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) SCHEDULE V (Subsection 2(2)) Protocol I Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Preamble The High Contracting Parties, Proclaiming their earnest wish to see peace prevail among peoples, Recalling that every State has the duty, in conformity with the Charter of the United Nations, to refrain in its international relations from the threat or use of force against the sovereignty, territorial integrity or political independence of any State, or in any other manner inconsistent with the purposes of the United Nations, Believing it necessary nevertheless to reaffirm and develop the provisions protecting the victims of armed conflicts and to supplement measures intended to reinforce their application, Expressing their conviction that nothing in this Protocol or in the Geneva Conventions of 12 August 1949 can be construed as legitimizing or authorizing any act of aggression or any other use of force inconsistent with the Charter of the United Nations, Reaffirming further that the provisions of the Geneva Conventions of 12 August 1949 and of this Protocol must be fully applied in all circumstances to all persons who are protected by those instruments, without any adverse distinction based on the nature or origin of the armed conflict or on the causes espoused by or attributed to the Parties to the conflict, Have agreed on the following: PART I General Provisions Article 1 — General principles and scope of application 1 The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 2 In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience. 3 This Protocol, which supplements the Geneva Conventions of 12 August 1949 for the protection of war victims, shall apply in the situations referred to in Article 2 common to those Conventions. 4 The situations referred to in the preceding paragraph include armed conflicts in which peoples are fighting against colonial domination and alien occupation and against racist régimes in the exercise of their right of self-determination, as enshrined in the Charter of the United Nations and the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations. Article 2 — Definitions For the purposes of this Protocol: (a) First Convention, Second Convention, Third Convention and Fourth Convention mean, respectively, the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949; the Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949; the Geneva Convention relative to the Treatment of Prisoners of War of 12 August 1949; the Geneva Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949; the Conventions means the four Geneva Conventions of 12 August 1949 for the protection of war victims; (b) rules of international law applicable in armed conflict means the rules applicable in armed conflict set forth in international agreements to which the Parties to the conflict are Parties and the generally recognized principles and rules of international law which are applicable to armed conflict; (c) Protecting Power means a neutral or other State not a Party to the conflict which has been designated by a Party to the conflict and accepted by the adverse Party and has agreed to carry out the functions assigned to a Protecting Power under the Conventions and this Protocol; (d) substitute means an organization acting in place of a Protecting Power in accordance with Article 5. Article 3 — Beginning and end of application Without prejudice to the provisions which are applicable at all times: Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (a) the Conventions and this Protocol shall apply from the beginning of any situation referred to in Article 1 of this Protocol; (b) the application of the Conventions and of this Protocol shall cease, in the territory of Parties to the conflict, on the general close of military operations and, in the case of occupied territories, on the termination of the occupation, except, in either circumstance, for those persons whose final release, repatriation or re-establishment takes place thereafter. These persons shall continue to benefit from the relevant provisions of the Conventions and of this Protocol until their final release, repatriation or re-establishment. Article 4 — Legal status of the Parties to the conflict The application of the Conventions and of this Protocol, as well as the conclusion of the agreements provided for therein, shall not affect the legal status of the Parties to the conflict. Neither the occupation of a territory nor the application of the Conventions and this Protocol shall affect the legal status of the territory in question. Article 5 — Appointment of Protecting Powers and of their substitute 1 It is the duty of the Parties to a conflict from the beginning of that conflict to secure the supervision and implementation of the Conventions and of this Protocol by the application of the system of Protecting Powers, including inter alia the designation and acceptance of those Powers, in accordance with the following paragraphs. Protecting Powers shall have the duty of safeguarding the interests of the Parties to the conflict. 2 From the beginning of a situation referred to in Article 1, each Party to the conflict shall without delay designate a Protecting Power for the purpose of applying the Conventions and this Protocol and shall, likewise without delay and for the same purpose, permit the activities of a Protecting Power which has been accepted by it as such after designation by the adverse Party. 3 If a Protecting Power has not been designated or accepted from the beginning of a situation referred to in Article 1, the International Committee of the Red Cross, without prejudice to the right of any other impartial humanitarian organization to do likewise, shall offer its good offices to the Parties to the conflict with a view to the designation without delay of a Protecting Power to which the Parties to the conflict consent. For that purpose it may, inter alia, ask each Party to provide it with a list of at least five States which that Party considers acceptable to act as Protecting Power on its behalf in relation to an adverse Party, and ask each adverse Party to provide a list of at least five States which it would accept as the Protecting Power of the first Party; these lists shall be communicated to the Committee within two weeks after the receipt of the request; it shall compare them and seek the agreement of any proposed State named on both lists. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 4 If, despite the foregoing, there is no Protecting Power, the Parties to the conflict shall accept without delay an offer which may be made by the International Committee of the Red Cross or by any other organization which offers all guarantees of impartiality and efficacy, after due consultations with the said Parties and taking into account the result of these consultations, to act as a substitute. The functioning of such a substitute is subject to the consent of the Parties to the conflict; every effort shall be made by the Parties to the conflict to facilitate the operations of the substitute in the performance of its tasks under the Conventions and this Protocol. 5 In accordance with Article 4, the designation and acceptance of Protecting Powers for the purpose of applying the Conventions and this Protocol shall not affect the legal status of the Parties to the conflict or of any territory, including occupied territory. 6 The maintenance of diplomatic relations between Parties to the conflict or the entrusting of the protection of a Party’s interests and those of its nationals to a third State in accordance with the rules of international law relating to diplomatic relations is no obstacle to the designation of Protecting Powers for the purpose of applying the Conventions and this Protocol. 7 Any subsequent mention in this Protocol of a Protecting Power includes also a substitute. Article 6 — Qualified persons 1 The High Contracting Parties shall, also in peacetime, endeavour, with the assistance of the national Red Cross (Red Crescent, Red Lion and Sun) Societies, to train qualified personnel to facilitate the application of the Conventions and of this Protocol, and in particular the activities of the Protecting Powers. 2 The recruitment and training of such personnel are within domestic jurisdiction. 3 The International Committee of the Red Cross shall hold at the disposal of the High Contracting Parties the lists of persons so trained which the High Contracting Parties may have established and may have transmitted to it for that purpose. 4 The conditions governing the employment of such personnel outside the national territory shall, in each case, be the subject of special agreements between the Parties concerned. Article 7 — Meetings The depositary of this Protocol shall convene a meeting of the High Contracting Parties, at the request of one or more of the said Parties and upon the approval of the majority of the said Parties, to consider general problems concerning the application of the Conventions and of the Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) PART II Wounded, Sick and Shipwrecked SECTION I — GENERAL PROTECTION Article 8 — Terminology For the purposes of this Protocol: (a) wounded and sick mean persons, whether military or civilian, who, because of trauma, disease or other physical or mental disorder or disability, are in need of medical assistance or care and who refrain from any act of hostility. These terms also cover maternity cases, new-born babies and other persons who may be in need of immediate medical assistance or care, such as the infirm or expectant mothers, and who refrain from any act of hostility; (b) shipwrecked means persons, whether military or civilian, who are in peril at sea or in other waters as a result of misfortune affecting them or the vessel or aircraft carrying them and who refrain from any act of hostility. These persons, provided that they continue to refrain from any act of hostility, shall continue to be considered shipwrecked during their rescue until they acquire another status under the Conventions or this Protocol; (c) medical personnel means those persons assigned, by a Party to the conflict, exclusively to the medical purposes enumerated under sub-paragraph (e) or to the administration of medical units or to the operation or administration of medical transports. Such assignments may be either permanent or temporary. The term includes: (i) medical personnel of a Party to the conflict, whether military or civilian, including those described in the First and Second Conventions, and those assigned to civil defence organizations; (ii) medical personnel of national Red Cross (Red Crescent, Red Lion and Sun) Societies and other national voluntary aid societies duly recognized and authorized by a Party to the conflict; (iii) medical personnel of medical units or medical transports described in Article 9, paragraph 2; (d) religious personnel means military or civilian persons, such as chaplains, who are exclusively engaged in the work of their ministry and attached: (i) to the armed forces of a Party to the conflict; (ii) to medical units or medical transports of a Party to the conflict; (iii) to medical units or medical transports described in Article 9, paragraph 2; or (iv) to civil defence organizations of a Party to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) The attachment of religious personnel may be either permanent or temporary, and the relevant provisions mentioned under subparagraph (k) apply to them; (e) medical units means establishments and other units, whether military or civilian, organized for medical purposes, namely the search for, collection, transportation, diagnosis or treatment — including first-aid treatment — of the wounded, sick and shipwrecked, or for the prevention of disease. The term includes, for example, hospitals and other similar units, blood transfusion centres, preventive medicine centres and institutes, medical depots and the medical and pharmaceutical stores of such units. Medical units may be fixed or mobile, permanent or temporary; (f) medical transportation means the conveyance by land, water or air of the wounded, sick, shipwrecked, medical personnel, religious personnel, medical equipment or medical supplies protected by the Conventions and by this Protocol; (g) medical transports means any means of transportation, whether military or civilian, permanent or temporary, assigned exclusively to medical transportation and under the control of a competent authority of a Party to the conflict; (h) medical vehicles means any medical transports by land; (i) medical ships and craft means any medical transports by water; (j) medical aircraft means any medical transports by air; (k) permanent medical personnel, permanent medical units and permanent medical transports mean those assigned exclusively to medical purposes for an indeterminate period. Temporary medical personnel, temporary medical units and temporary medical transports mean those devoted exclusively to medical purposes for limited periods during the whole of such periods. Unless otherwise specified, the terms “medical personnel”, “medical units” and “medical transports” cover both permanent and temporary categories; (l) distinctive emblem means the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground when used for the protection of medical units and transports, or medical and religious personnel, equipment or supplies; (m) distinctive signal means any signal or message specified for the identification exclusively of medical units or transports in Chapter III of Annex I to this Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 9 — Field of application 1 This Part, the provisions of which are intended to ameliorate the condition of the wounded, sick and shipwrecked, shall apply to all those affected by a situation referred to in Article 1, without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria. 2 The relevant provisions of Articles 27 and 32 of the First Convention shall apply to permanent medical units and transports (other than hospital ships, to which Article 25 of the Second Convention applies) and their personnel made available to a Party to the conflict for humanitarian purposes: (a) by a neutral or other State which is not a Party to that conflict; (b) by a recognized and authorized aid society of such a State; (c) by an impartial international humanitarian organization. Article 10 — Protection and care 1 All the wounded, sick and shipwrecked, to whichever Party they belong, shall be respected and protected. 2 In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones. Article 11 — Protection of persons 2 The physical or mental health and integrity of persons who are in the power of the adverse Party or who are interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1 shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned and which is not consistent with generally accepted medical standards which would be applied under similar medical circumstances to persons who are nationals of the Party conducting the procedure and who are in no way deprived of liberty. 2 It is, in particular, prohibited to carry out on such persons, even with their consent: (a) physical mutilations; (b) medical or scientific experiments; (c) removal of tissue or organs for transplantation. except where these acts are justified in conformity with the conditions provided for in paragraph 1. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 3 Exceptions to the prohibition in paragraph 2(c) may be made only in the case of donations of blood for transfusion or of skin for grafting, provided that they are given voluntarily and without any coercion or inducement, and then only for therapeutic purposes, under conditions consistent with generally accepted medical standards and controls designed for the benefit of both the donor and the recipient. 4 Any wilful act or omission which seriously endangers the physical or mental health or integrity of any person who is in the power of a Party other than the one on which he depends and which either violates any of the prohibitions in paragraphs 1 and 2 or fails to comply with the requirements of paragraph 3 shall be a grave breach of this Protocol. 5 The persons described in paragraph 1 have the right to refuse any surgical operation. In case of refusal, medical personnel shall endeavour to obtain a written statement to that effect, signed or acknowledged by the patient. 6 Each Party to the conflict shall keep a medical record for every donation of blood for transfusion or skin for grafting by persons referred to in paragraph 1, if that donation is made under the responsibility of that Party. In addition, each Party to the conflict shall endeavour to keep a record of all medical procedures undertaken with respect to any person who is interned, detained or otherwise deprived of liberty as a result of a situation referred to in Article 1. These records shall be available at all times for inspection by the Protecting Power. Article 12 — Protection of medical units 1 Medical units shall be respected and protected at all times and shall not be the object of attack. 2 Paragraph 1 shall apply to civilian medical units, provided that they: (a) belong to one of the Parties to the conflict; (b) are recognized and authorized by the competent authority of one of the Parties to the conflict; or (c) are authorized in conformity with Article 9, paragraph 2, of this Protocol or Article 27 of the First Convention. 3 The Parties to the conflict are invited to notify each other of the location of their fixed medical units. The absence of such notification shall not exempt any of the Parties from the obligation to comply with the provisions of paragraph 1. 4 Under no circumstances shall medical units be used in an attempt to shield military objectives from attack. Whenever possible, the Parties to the conflict shall ensure that medical units are so sited that attacks against military objectives do not imperil their safety. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 13 — Discontinuance of protection of civilian medical units 1 The protection to which civilian medical units are entitled shall not cease unless they are used to commit, outside their humanitarian function, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. 2 The following shall not be considered as acts harmful to the enemy: (a) that the personnel of the unit are equipped with light individual weapons for their own defence or for that of the wounded and sick in their charge; (b) that the unit is guarded by a picket or by sentries or by an escort; (c) that small arms and ammunition taken from the wounded and sick, and not yet handed to the proper service, are found in the units; (d) that members of the armed forces or other combatants are in the unit for medical reasons. Article 14 — Limitations on requisition of civilian medical units 1 The Occupying Power has the duty to ensure that the medical needs of the civilian population in occupied territory continue to be satisfied. 2 The Occupying Power shall not, therefore, requisition civilian medical units, their equipment, their matériel or the services of their personnel, so long as these resources are necessary for the provision of adequate medical services for the civilian population and for the continuing medical care of any wounded and sick already under treatment. 3 Provided that the general rule in paragraph 2 continues to be observed, the Occupying Power may requisition the said resources, subject to the following particular conditions: (a) that the resources are necessary for the adequate and immediate medical treatment of the wounded and sick members of the armed forces of the Occupying Power or of prisoners of war; (b) that the requisition continues only while such necessity exists; and (c) that immediate arrangements are made to ensure that the medical needs of the civilian population, as well as those of any wounded and sick under treatment who are affected by the requisition, continue to be satisfied. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 15 — Protection of civilian medical and religious personnel 1 Civilian medical personnel shall be respected and protected. 2 If needed, all available help shall be afforded to civilian medical personnel in an area where civilian medical services are disrupted by reason of combat activity. 3 The Occupying Power shall afford civilian medical personnel in occupied territories every assistance to enable them to perform, to the best of their ability, their humanitarian functions. The Occupying Power may not require that, in the performance of those functions, such personnel shall give priority to the treatment of any person except on medical grounds. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission. 4 Civilian medical personnel shall have access to any place where their services are essential, subject to such supervisory and safety measures as the relevant Party to the conflict may deem necessary. 5 Civilian religious personnel shall be respected and protected. The provisions of the Conventions and of this Protocol concerning the protection and identification of medical personnel shall apply equally to such persons. Article 16 — General protection of medical duties 1 Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom. 2 Persons engaged in medical activities shall not be compelled to perform acts or to carry out work contrary to the rules of medical ethics or to other medical rules designed for the benefit of the wounded and sick or to the provisions of the Conventions or of this Protocol, or to refrain from performing acts or from carrying out work required by those rules and provisions. 3 No person engaged in medical activities shall be compelled to give to anyone belonging either to an adverse Party, or to his own Party except as required by the law of the latter Party, any information concerning the wounded and sick who are, or who have been, under his care, if such information would, in his opinion, prove harmful to the patients concerned or to their families. Regulations for the compulsory notification of communicable diseases shall, however, be respected. Article 17 — Role of the civilian population and of aid societies 1 The civilian population shall respect the wounded, sick and shipwrecked, even if they belong to the adverse Party, and shall commit no act of violence against them. The civilian population and aid societies, such as national Red Cross (Red Crescent, Red Lion and Sun) Societies, shall be permitted, even on their own initiative, to collect and care for the wounded, sick and shipwrecked, even in invaded or occupied Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) areas. No one shall be harmed, prosecuted, convicted or punished for such humanitarian acts. 2 The Parties to the conflict may appeal to the civilian population and the aid societies referred to in paragraph 1 to collect and care for the wounded, sick and shipwrecked, and to search for the dead and report their location; they shall grant both protection and the necessary facilities to those who respond to this appeal. If the adverse Party gains or regains control of the area, that Party also shall afford the same protection and facilities for so long as they are needed. Article 18 — Identification 1 Each Party to the conflict shall endeavour to ensure that medical and religious personnel and medical units and transports are identifiable. 2 Each Party to the conflict shall also endeavour to adopt and to implement methods and procedures which will make it possible to recognize medical units and transports which use the distinctive emblem and distinctive signals. 3 In occupied territory and in areas where fighting is taking place or is likely to take place, civilian medical personnel and civilian religious personnel should be recognizable by the distinctive emblem and an identity card certifying their status. 4 With the consent of the competent authority, medical units and transports shall be marked by the distinctive emblem. The ships and craft referred to in Article 22 of this Protocol shall be marked in accordance with the provisions of the Second Convention. 5 In addition to the distinctive emblem, a Party to the conflict may, as provided in Chapter III of Annex I to this Protocol, authorize the use of distinctive signals to identify medical units and transports. Exceptionally, in the special cases covered in that Chapter, medical transports may use distinctive signals without displaying the distinctive emblem. 6 The application of the provisions of paragraphs 1 to 5 of this Article is governed by Chapters I to III of Annex I to this Protocol. Signals designated in Chapter III of the Annex for the exclusive use of medical units and transports shall not, except as provided therein, be used for any purpose other than to identify the medical units and transports specified in that Chapter. 7 This Article does not authorize any wider use of the distinctive emblem in peacetime than is prescribed in Article 44 of the First Convention. 8 The provisions of the Conventions and of this Protocol relating to supervision of the use of the distinctive emblem and to the prevention and repression of any misuse thereof shall be applicable to distinctive signals. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 19 — Neutral and other States not Parties to the conflict Neutral and other States not Parties to the conflict shall apply the relevant provisions of this Protocol to persons protected by this Part who may be received or interned within their territory, and to any dead of the Parties to that conflict whom they may find. Article 20 — Prohibition of reprisals Reprisals against the persons and objects protected by this Part are prohibited. SECTION II — MEDICAL TRANSPORTATION Article 21 — Medical vehicles Medical vehicles shall be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Article 22 — Hospitals ships and coastal rescue craft 1 The provisions of the Conventions relating to: (a) vessels described in Articles 22, 24, 25 and 27 of the Second Convention, (b) their lifeboats and small craft, (c) their personnel and crews, and (d) the wounded, sick and shipwrecked on board, shall also apply where these vessels carry civilian wounded, sick and shipwrecked who do not belong to any of the categories mentioned in Article 13 of the Second Convention. Such civilians shall not, however, be subject to surrender to any Party which is not their own, or to capture at sea. If they find themselves in the power of a Party to the conflict other than their own they shall be covered by the Fourth Convention and by this Protocol. 2 The protection provided by the Conventions to vessels described in Article 25 of the Second Convention shall extend to hospital ships made available for humanitarian purposes to a Party to the conflict: (a) by a neutral or other State which is not a Party to that conflict; or (b) by an impartial international humanitarian organization, provided that, in either case, the requirements set out in that Article are complied with. 3 Small craft described in Article 27 of the Second Convention shall be protected even if the notification envisaged by that Article has not been made. The Parties to the conflict are, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) nevertheless, invited to inform each other of any details of such craft which will facilitate their identification and recognition. Article 23 — Other medical ships and craft 1 Medical ships and craft other than those referred to in Article 22 of this Protocol and Article 38 of the Second Convention shall, whether at sea or in other waters, be respected and protected in the same way as mobile medical units under the Conventions and this Protocol. Since this protection can only be effective if they can be identified and recognized as medical ships or craft, such vessels should be marked with the distinctive emblem and as far as possible comply with the second paragraph of Article 43 of the Second Convention. 2 The ships and craft referred to in paragraph 1 shall remain subject to the laws of war. Any warship on the surface able immediately to enforce its command may order them to stop, order them off, or make them take a certain course, and they shall obey every such command. Such ships and craft may not in any other way be diverted from their medical mission so long as they are needed for the wounded, sick and shipwrecked on board. 3 The protection provided in paragraph 1 shall cease only under the conditions set out in Articles 34 and 35 of the Second Convention. A clear refusal to obey a command given in accordance with paragraph 2 shall be an act harmful to the enemy under Article 34 of the Second Convention. 4 A Party to the conflict may notify any adverse Party as far in advance of sailing as possible of the name, description, expected time of sailing, course and estimated speed of the medical ship or craft, particularly in the case of ships of over 2,000 gross tons, and may provide any other information which would facilitate identification and recognition. The adverse Party shall acknowledge receipt of such information. 5 The provisions of Article 37 of the Second Convention shall apply to medical and religious personnel in such ships and craft. 6 The provisions of the Second Convention shall apply to the wounded, sick and shipwrecked belonging to the categories referred to in Article 13 of the Second Convention and in Article 44 of this Protocol who may be on board such medical ships and craft. Wounded, sick and shipwrecked civilians who do not belong to any of the categories mentioned in Article 13 of the Second Convention shall not be subject, at sea, either to surrender to any Party which is not their own, or to removal from such ships or craft; if they find themselves in the power of a Party to the conflict other than their own, they shall be covered by the Fourth Convention and by this Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 24 — Protection of medical aircraft Medical aircraft shall be respected and protected, subject to the provisions of this Part. Article 25 — Medical aircraft in areas not controlled by an adverse Party In and over land areas physically controlled by friendly forces, or in and over sea areas not physically controlled by an adverse Party, the respect and protection of medical aircraft of a Party to the conflict is not dependent on any agreement with an adverse Party. For greater safety, however, a Party to the conflict operating its medical aircraft in these areas may notify the adverse Party, as provided in Article 29, in particular when such aircraft are making flights bringing them within range of surface-to-air weapons systems of the adverse Party. Article 26 — Medical aircraft in contact or similar zones 1 In and over those parts of the contact zone which are physically controlled by friendly forces and in and over those areas the physical control of which is not clearly established, protection for medical aircraft can be fully effective only by prior agreement between the competent military authorities of the Parties to the conflict, as provided for in Article 29. Although, in the absence of such an agreement, medical aircraft operate at their own risk, they shall nevertheless be respected after they have been recognized as such. 2 Contact zone means any area on land where the forward elements of opposing forces are in contact with each other, especially where they are exposed to direct fire from the ground. Article 27 — Medical aircraft in areas controlled by an adverse Party 1 The medical aircraft of a Party to the conflict shall continue to be protected while flying over land or sea areas physically controlled by an adverse Party, provided that prior agreement to such flights has been obtained from the competent authority of that adverse Party. 2 A medical aircraft which flies over an area physically controlled by an adverse Party without, or in deviation from the terms of, an agreement provided for in paragraph 1, either through navigational error or because of an emergency affecting the safety of the flight, shall make every effort to identify itself and to inform the adverse Party of the circumstances. As soon as such medical aircraft has been recognized by the adverse Party, that Party shall make all reasonable efforts to give the order to land or to alight on water, referred to in Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft. Article 28 — Restrictions on operations of medical aircraft 1 The Parties to the conflict are prohibited from using their medical aircraft to attempt to acquire any military advantage over an adverse Party. The presence of medical aircraft shall not be used in an attempt to render military objectives immune from attack. 2 Medical aircraft shall not be used to collect or transmit intelligence data and shall not carry any equipment intended for such purposes. They are prohibited from carrying any persons or cargo not included within the definition in Article 8, sub-paragraph (f). The carrying on board of the personal effects of the occupants or of equipment intended solely to facilitate navigation, communication or identification shall not be considered as prohibited. 3 Medical aircraft shall not carry any armament except small arms and ammunition taken from the wounded, sick and shipwrecked on board and not yet handed to the proper service, and such light individual weapons as may be necessary to enable the medical personnel on board to defend themselves and the wounded, sick and shipwrecked in their charge. 4 While carrying out the flights referred to in Articles 26 and 27, medical aircraft shall not, except by prior agreement with the adverse Party, be used to search for the wounded, sick and shipwrecked. Article 29 — Notifications and agreements concerning medical aircraft 1 Notifications under Article 25, or requests for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall state the proposed number of medical aircraft, their flight plans and means of identification, and shall be understood to mean that every flight will be carried out in compliance with Article 28. 2 A Party which receives a notification given under Article 25 shall at once acknowledge receipt of such notification. 3 A Party which receives a request for prior agreement under Articles 26, 27, 28 (paragraph 4), or 31 shall, as rapidly as possible, notify the requesting Party: (a) that the request is agreed to; (b) that the request is denied; or (c) of reasonable alternative proposals to the request. It may also propose a prohibition or restriction of other flights in the area during the time involved. If the Party which submitted the request accepts the alternative proposals, it shall notify the other Party of such acceptance. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 4 The Parties shall take the necessary measures to ensure that notifications and agreements can be made rapidly. 5 The Parties shall also take the necessary measures to disseminate rapidly the substance of any such notifications and agreements to the military units concerned and shall instruct those units regarding the means of identification that will be used by the medical aircraft in question. Article 30 — Landing and inspection of medical aircraft 1 Medical aircraft flying over areas which are physically controlled by an adverse Party, or over areas the physical control of which is not clearly established, may be ordered to land or to alight on water, as appropriate, to permit inspection in accordance with the following paragraphs. Medical aircraft shall obey any such order. 2 If such an aircraft lands or alights on water, whether ordered to do so or for other reasons, it may be subjected to inspection solely to determine the matters referred to in paragraphs 3 and 4. Any such inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick to be removed from the aircraft unless their removal is essential for the inspection. That Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or by the removal. 3 If the inspection discloses that the aircraft: (a) is a medical aircraft within the meaning of Article 8, sub-paragraph (j), (b) is not in violation of the conditions prescribed in Article 28, and (c) has not flown without or in breach of a prior agreement where such agreement is required, the aircraft and those of its occupants who belong to the adverse Party or to a neutral or other state not a Party to the conflict shall be authorized to continue the flight without delay. 4 If the inspection discloses that the aircraft: (a) is not a medical aircraft within the meaning of Article 8, sub-paragraph (j), (b) is in violation of the conditions prescribed in Article 28, or (c) has flown without or in breach of a prior agreement where such agreement is required, the aircraft may be seized. Its occupants shall be treated in conformity with the relevant provisions of the Conventions and of this Protocol. Any aircraft seized which had been assigned as a permanent medical aircraft may be used thereafter only as a medical aircraft. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 31 — Neutral or other States not Parties to the conflict 1 Except by prior agreement, medical aircraft shall not fly over or land in the territory of a neutral or other State not a Party to the conflict. However, with such an agreement, they shall be respected throughout their flight and also for the duration of any calls in the territory. Nevertheless they shall obey any summons to land or to alight on water, as appropriate. 2 Should a medical aircraft, in the absence of an agreement or in deviation from the terms of an agreement, fly over the territory of a neutral or other State not a Party to the conflict, either through navigational error or because of an emergency affecting the safety of the flight, it shall make every effort to give notice of the flight and to identify itself. As soon as such medical aircraft is recognized, that State shall make all reasonable efforts to give the order to land or to alight on water referred to in Article 30, paragraph 1, or to take other measures to safeguard its own interests, and, in either case, to allow the aircraft time for compliance, before resorting to an attack against the aircraft. 3 If a medical aircraft, either by agreement or in the circumstances mentioned in paragraph 2, lands or alights on water in the territory of a neutral or other State not Party to the conflict, whether ordered to do so or for other reasons, the aircraft shall be subject to inspection for the purposes of determining whether it is in fact a medical aircraft. The inspection shall be commenced without delay and shall be conducted expeditiously. The inspecting Party shall not require the wounded and sick of the Party operating the aircraft to be removed from it unless their removal is essential for the inspection. The inspecting Party shall in any event ensure that the condition of the wounded and sick is not adversely affected by the inspection or the removal. If the inspection discloses that the aircraft is in fact a medical aircraft, the aircraft with its occupants, other than those who must be detained in accordance with the rules of international law applicable in armed conflict, shall be allowed to resume its flight, and reasonable facilities shall be given for the continuation of the flight. If the inspection discloses that the aircraft is not a medical aircraft, it shall be seized and the occupants treated in accordance with paragraph 4. 4 The wounded, sick and shipwrecked disembarked, otherwise than temporarily, from a medical aircraft with the consent of the local authorities in the territory of a neutral or other State not a Party to the conflict shall, unless agreed otherwise between that State and the Parties to the conflict, be detained by that State where so required by the rules of international law applicable in armed conflict, in such a manner that they cannot again take part in the hostilities. The cost of hospital treatment and internment shall be borne by the State to which those persons belong. 5 Neutral or other States not Parties to the conflict shall apply any conditions and restrictions on the passage of medical aircraft over, or on the landing or medical aircraft in, their territory equally to all Parties to the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) SECTION III — MISSING AND DEAD PERSONS Article 32 — General principle In the implementation of this Section, the activities of the High Contracting Parties, of the Parties to the conflict and of the international humanitarian organizations mentioned in the Conventions and in this Protocol shall be prompted mainly by the right of families to know the fate of their relatives. Article 33 — Missing persons 1 As soon as circumstances permit, and at the latest from the end of active hostilities, each Party to the conflict shall search for the persons who have been reported missing by an adverse Party. Such adverse Party shall transmit all relevant information concerning such persons in order to facilitate such searches. 2 In order to facilitate the gathering of information pursuant to the preceding paragraph, each Party to the conflict shall, with respect to persons who would not receive more favourable consideration under the Conventions and this Protocol: (a) record the information specified in Article 138 of the Fourth Convention in respect of such persons who have been detained, imprisoned or otherwise held in captivity for more than two weeks as a result of hostilities or occupation, or who have died during any period of detention; (b) to the fullest extent possible, facilitate and, if need be, carry out the search for and the recording of information concerning such persons if they have died in other circumstances as a result of hostilities or occupation. 3 Information concerning persons reported missing pursuant to paragraph 1 and requests for such information shall be transmitted either directly or through the Protecting Power or the Central Tracing Agency of the International Committee of the Red Cross or national Red Cross (Red Crescent, Red Lion and Sun) Societies. Where the information is not transmitted through the International Committee of the Red Cross and its Central Tracing Agency, each Party to the conflict shall ensure that such information is also supplied to the Central Tracing Agency. 4 The Parties to the conflict shall endeavour to agree on arrangements for teams to search for, identify and recover the dead from battlefield areas, including arrangements, if appropriate, for such teams to be accompanied by personnel of the adverse Party while carrying out these missions in areas controlled by the adverse Party. Personnel of such teams shall be respected and protected while exclusively carrying out these duties. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 34 — Remains of deceased 1 The remains of persons who have died for reasons related to occupation or in detention resulting from occupation or hostilities and those of persons not nationals of the country in which they have died as a result of hostilities shall be respected, and the gravesites of all such persons shall be respected, maintained and marked as provided for in Article 130 of the Fourth Convention, where their remains or gravesites would not receive more favourable consideration under the Conventions and this Protocol. 2 As soon as circumstances and the relations between the adverse Parties permit, the High Contracting Parties in whose territories graves and, as the case may be, other locations of the remains of persons who have died as a result of hostilities or during occupation or in detention are situated, shall conclude agreements in order: (a) to facilitate access to the gravesites by relatives of the deceased and by representatives of official graves registration services and to regulate the practical arrangements for such access; (b) to protect and maintain such gravesites permanently; (c) to facilitate the return of the remains of the deceased and of personal effects to the home country upon its request or, unless that country objects, upon the request of the next of kin. 3 In the absence of the agreements provided for in paragraph 2(b) or (c) and if the home country of such deceased is not willing to arrange at its expense for the maintenance of such gravesites, the High Contracting Party in whose territory the gravesites are situated may offer to facilitate the return of the remains of the deceased to the home country. Where such an offer has not been accepted the High Contracting Party may, after the expiry of five years from the date of the offer and upon due notice to the home country, adopt the arrangements laid down in its own laws relating to cemeteries and graves. 4 A High Contracting Party in whose territory the gravesites referred to in this Article are situated shall be permitted to exhume the remains only: (a) in accordance with paragraphs 2(c) and 3, or (b) where exhumation is a matter of overriding public necessity, including cases of medical and investigative necessity, in which case the High Contracting Party shall at all times respect the remains, and shall give notice to the home country of its intention to exhume the remains together with details of the intended place of reinternment. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) PART III Methods and Means of Warfare Combatant and Prisoner-of-War Status SECTION I — METHODS AND MEANS OF WARFARE Article 35 — Basic rules 1 In any armed conflict, the right of the Parties to the conflict to choose methods or means of warfare is not unlimited. 2 It is prohibited to employ weapons, projectiles and material and methods of warfare of a nature to cause superfluous injury or unnecessary suffering. 3 It is prohibited to employ methods or means of warfare which are intended, or may be expected, to cause widespread, long-term and severe damage to the natural environment. Article 36 — New weapons In the study, development, acquisition or adoption of a new weapon, means or method of warfare, a High Contracting Party is under an obligation to determine whether its employment would, in some or all circumstances, be prohibited by this Protocol or by any other rule of international law applicable to the High Contracting Party. Article 37 — Prohibition of perfidy 1 It is prohibited to kill, injure or capture an adversary by resort to perfidy. Acts inviting the confidence of an adversary to lead him to believe that he is entitled to, or is obliged to accord, protection under the rules of international law applicable in armed conflict, with intent to betray that confidence, shall constitute perfidy. The following acts are examples of perfidy: (a) the feigning of an intent to negotiate under a flag of truce or of a surrender; (b) the feigning of an incapacitation by wounds or sickness; (c) the feigning of civilian, non-combatant status; and (d) the feigning of protected status by the use of signs, emblems or uniforms of the United Nations or of neutral or other States not Parties to the conflict. 2 Ruses of war are not prohibited. Such ruses are acts which are intended to mislead an adversary or to induce him to act recklessly but which infringe no rule of international law applicable in armed conflict and which are not perfidious because they do not invite the confidence of an adversary with Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) respect to protection under that law. The following are examples of such ruses: the use of camouflage, decoys, mock operations and misinformation. Article 38 — Recognized emblems 1 It is prohibited to make improper use of the distinctive emblem of the red cross, red crescent or red lion and sun or of other emblems, signs or signals provided for by the Conventions or by this Protocol. It is also prohibited to misuse deliberately in an armed conflict other internationally recognized protective emblems, signs or signals, including the flag of truce, and the protective emblem of cultural property. 2 It is prohibited to make use of the distinctive emblem of the United Nations, except as authorized by that Organization. Article 39 — Emblems of nationality 1 It is prohibited to make use in an armed conflict of the flags or military emblems, insignia or uniforms of neutral or other States not Parties to the conflict. 2 It is prohibited to make use of the flags or military emblems, insignia or uniforms of adverse Parties while engaging in attacks or in order to shield, favour, protect or impede military operations. 3 Nothing in this Article or in Article 37, paragraph 1(d), shall affect the existing generally recognized rules of international law applicable to espionage or to the use of flags in the conduct of armed conflict at sea. Article 40 — Quarter It is prohibited to order that there shall be no survivors, to threaten an adversary therewith or to conduct hostilities on this basis. Article 41 — Safeguard of an enemy hors de combat 1 A person who is recognized or who, in the circumstances, should be recognized to be hors de combat shall not be made the object of attack. 2 A person is hors de combat if: (a) he is in the power of an adverse Party; (b) he clearly expresses an intention to surrender; or (c) he has been rendered unconscious or is otherwise incapacitated by wounds or sickness, and therefore is incapable of defending himself; provided that in any of these cases he abstains from any hostile act and does not attempt to escape. 3 When persons entitled to protection as prisoners of war have fallen into the power of an adverse Party under unusual conditions of combat which prevent their evacuation as Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) provided for in Part III, Section I, of the Third Convention, they shall be released and all feasible precautions shall be taken to ensure their safety. Article 42 — Occupants of aircraft 1 No person parachuting from an aircraft in distress shall be made the object of attack during his descent. 2 Upon reaching the ground in territory controlled by an adverse Party, a person who has parachuted from an aircraft in distress shall be given an opportunity to surrender before being made the object of attack, unless it is apparent that he is engaging in a hostile act. 3 Airborne troops are not protected by this Article. SECTION II — COMBATANT AND PRISONER-OFWAR STATUS Article 43 — Armed forces 1 The armed forces of a Party to a conflict consist of all organized armed forces, groups and units which are under a command responsible to that Party for the conduct of its subordinates, even if that Party is represented by a government or an authority not recognized by an adverse Party. Such armed forces shall be subject to an internal disciplinary system which, inter alia, shall enforce compliance with the rules of international law applicable in armed conflict. 2 Members of the armed forces of a Party to a conflict (other than medical personnel and chaplains covered by Article 33 of the Third Convention) are combatants, that is to say, they have the right to participate directly in hostilities. 3 Whenever a Party to a conflict incorporates a paramilitary or armed law enforcement agency into its armed forces it shall so notify the other Parties to the conflict. Article 44 — Combatants and prisoners of war 1 Any combatant, as defined in Article 43, who falls into the power of an adverse Party shall be a prisoner of war. 2 While all combatants are obliged to comply with the rules of international law applicable in armed conflict, violations of these rules shall not deprive a combatant of his right to be a combatant or, if he falls into the power of an adverse Party, of his right to be a prisoner of war, except as provided in paragraphs 3 and 4. 3 In order to promote the protection of the civilian population from the effects of hostilities, combatants are obliged to distinguish themselves from the civilian population while they are engaged in an attack or in a military operation preparatory to an attack. Recognizing, however, that there are Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) situations in armed conflicts where, owing to the nature of the hostilities an armed combatant cannot so distinguish himself, he shall retain his status as a combatant, provided that, in such situations, he carries his arms openly: (a) during each military engagement, and (b) during such time as he is visible to the adversary while he is engaged in a military deployment preceding the launching of an attack in which he is to participate. Acts which comply with the requirements of this paragraph shall not be considered as perfidious within the meaning of Article 37, paragraph 1(c). 4 A combatant who falls into the power of an adverse Party while failing to meet the requirements set forth in the second sentence of paragraph 3 shall forfeit his right to be a prisoner of war, but he shall, nevertheless, be given protections equivalent in all respects to those accorded to prisoners of war by the Third Convention and by this Protocol. This protection includes protections equivalent to those accorded to prisoners of war by the Third Convention in the case where such a person is tried and punished for any offences he has committed. 5 Any combatant who falls into the power of an adverse Party while not engaged in an attack or in a military operation preparatory to an attack shall not forfeit his rights to be a combatant and a prisoner of war by virtue of his prior activities. 6 This Article is without prejudice to the right of any person to be a prisoner of war pursuant to Article 4 of the Third Convention. 7 This Article is not intended to change the generally accepted practice of States with respect to the wearing of the uniform by combatants assigned to the regular, uniformed armed units of a Party to the conflict. 8 In addition to the categories of persons mentioned in Article 13 of the First and Second Conventions, all members of the armed forces of a Party to the conflict, as defined in Article 43 of this Protocol, shall be entitled to protection under those Conventions if they are wounded or sick or, in the case of the Second Convention, shipwrecked at sea or in other waters. Article 45 — Protection of persons who have taken part in hostilities 1 A person who takes part in hostilities and falls into the power of an adverse Party shall be presumed to be a prisoner of war, and therefore shall be protected by the Third Convention, if he claims the status of prisoner of war, or if he appears to be entitled to such status, or if the Party on which he depends claims such status on his behalf by notification to the detaining Power or to the Protecting Power. Should any doubt arise as to whether any such person is entitled to the status of prisoner of war, he shall continue to have such status and, therefore, to be protected by the Third Convention and this Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Protocol until such time as his status has been determined by a competent tribunal. 2 If a person who has fallen into the power of an adverse Party is not held as a prisoner of war and is to be tried by that Party for an offence arising out of the hostilities, he shall have the right to assert his entitlement to prisoner-of-war status before a judicial tribunal and to have that question adjudicated. Whenever possible under the applicable procedure, this adjudication shall occur before the trial for the offence. The representatives of the Protecting Power shall be entitled to attend the proceedings in which that question is adjudicated, unless, exceptionally, the proceedings are held in camera in the interest of State security. In such a case the detaining Power shall advise the Protecting Power accordingly. 3 Any person who has taken part in hostilities, who is not entitled to prisoner-of-war status and who does not benefit from more favourable treatment in accordance with the Fourth Convention shall have the right at all times to the protection of Article 75 of this Protocol. In occupied territory, any such person, unless he is held as a spy, shall also be entitled, notwithstanding Article 5 of the Fourth Convention, to his rights of communication under that Convention. Article 46 — Spies 1 Notwithstanding any other provision of the Conventions or of this Protocol, any member of the armed forces of a Party to the conflict who falls into the power of an adverse Party while engaging in espionage shall not have the right to the status of prisoner of war and may be treated as a spy. 2 A member of the armed forces of a Party to the conflict who, on behalf of that Party and in territory controlled by an adverse Party, gathers or attempts to gather information shall not be considered as engaging in espionage if, while so acting, he is in the uniform of his armed forces. 3 A member of the armed forces of a Party to the conflict who is a resident of territory occupied by an adverse Party and who, on behalf of the Party on which he depends, gathers or attempts to gather information of military value within that territory shall not be considered as engaging in espionage unless he does so through an act of false pretences or deliberately in a clandestine manner. Moreover, such a resident shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured while engaging in espionage. 4 A member of the armed forces of a Party to the conflict who is not a resident of territory occupied by an adverse Party and who has engaged in espionage in that territory shall not lose his right to the status of prisoner of war and may not be treated as a spy unless he is captured before he has rejoined the armed forces to which he belongs. Article 47 — Mercenaries 1 A mercenary shall not have the right to be a combatant or a prisoner of war. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 2 A mercenary is any person who: (a) is specially recruited locally or abroad in order to fight in an armed conflict; (b) does, in fact, take a direct part in the hostilities; (c) is motivated to take part in the hostilities essentially by the desire for private gain and, in fact, is promised, by or on behalf of a Party to the conflict, material compensation substantially in excess of that promised or paid to combatants of similar ranks and functions in the armed forces of that Party; (d) is neither a national of a Party to the conflict nor a resident of territory controlled by a Party to the conflict; (e) is not a member of the armed forces of a Party to the conflict; and (f) has not been sent by a State which is not a Party to the conflict on official duty as a member of its armed forces. PART IV Civilian Population SECTION I — GENERAL PROTECTION AGAINST EFFECTS OF HOSTILITIES CHAPTER I — BASIC RULE AND FIELD OF APPLICATION Article 48 — Basic rule In order to ensure respect for and protection of the civilian population and civilian objects, the Parties of the conflict shall at all times distinguish between the civilian population and combatants and between civilian objects and military objectives and accordingly shall direct their operations only against military objectives. Article 49 — Definition of attacks and scope of application 1 Attacks means acts of violence against the adversary, whether in offence or in defence. 2 The provisions of this Protocol with respect to attacks apply to all attacks in whatever territory conducted, including the national territory belonging to a Party to the conflict but under the control of an adverse Party. 3 The provisions of this Section apply to any land, air or sea warfare which may affect the civilian population, individual civilians or civilian objects on land. They further apply to all attacks from the sea or from the air against objectives on land Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) but do not otherwise affect the rules of international law applicable in armed conflict at sea or in the air. 4 The provisions of this Section are additional to the rules concerning humanitarian protection contained in the Fourth Convention, particularly in Part II thereof, and in other international agreements binding upon the High Contracting Parties, as well as to other rules of international law relating to the protection of civilians and civilian objects on land, at sea or in the air against the effects of hostilities. CHAPTER II — CIVILIANS AND CIVILIAN POPULATION Article 50 — Definition of civilians and civilian population 1 A civilian is any person who does not belong to one of the categories of persons referred to in Article 4 A(1), (2), (3) and (6) of the Third Convention and in Article 43 of this Protocol. In case of doubt whether a person is a civilian, that person shall be considered to be a civilian. 2 The civilian population comprises all persons who are civilians. 3 The presence within the civilian population of individuals who do not come within the definition of civilians does not deprive the population of its civilian character. Article 51 — Protection of the civilian population 1 The civilian population and individual civilians shall enjoy general protection against dangers arising from military operations. To give effect to this protection, the following rules, which are additional to other applicable rules of international law, shall be observed in all circumstances. 2 The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3 Civilians shall enjoy the protection afforded by this Section, unless and for such time as they take a direct part in hostilities. 4 Indiscriminate attacks are prohibited. Indiscriminate attacks are: (a) those which are not directed at a specific military objective; (b) those which employ a method or means of combat which cannot be directed at a specific military objective; or (c) those which employ a method or means of combat the effects of which cannot be limited as required by this Protocol; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) and consequently, in each such case, are of a nature to strike military objectives and civilians or civilian objects without distinction. 5 Among others, the following types of attacks are to be considered as indiscriminate: (a) an attack by bombardment by any methods or means which treats as a single military objective a number of clearly separated and distinct military objectives located in a city, town, village or other area containing a similar concentration of civilians or civilian objects; and (b) an attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. 6 Attacks against the civilian population or civilians by way of reprisals are prohibited. 7 The presence or movements of the civilian population or individual civilians shall not be used to render certain points or areas immune from military operations, in particular in attempts to shield military objectives from attacks or to shield, favour or impede military operations. The Parties to the conflict shall not direct the movement of the civilian population or individual civilians in order to attempt to shield military objectives from attacks or to shield military operations. 8 Any violation of these prohibitions shall not release the Parties to the conflict from their legal obligations with respect to the civilian population and civilians, including the obligation to take the precautionary measures provided for in Article 57. CHAPTER III — CIVILIAN OBJECTS Article 52 — General protection of civilian objects 1 Civilian objects shall not be the object of attack or of reprisals. Civilian objects are all objects which are not military objectives as defined in paragraph 2. 2 Attacks shall be limited strictly to military objectives. In so far as objects are concerned, military objectives are limited to those objects which by their nature, location, purpose or use make an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage. 3 In case of doubt whether an object which is normally dedicated to civilian purposes, such as a place of worship, a house Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) or other dwelling or a school, is being used to make an effective contribution to military action, it shall be presumed not to be so used. Article 53 — Protection of cultural objects and of places of worship Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, and of other relevant international instruments, it is prohibited: (a) to commit any acts of hostility directed against the historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples; (b) to use such objects in support of the military effort; (c) to make such objects the object of reprisals. Article 54 — Protection of objects indispensable to the survival of the civilian population 1 Starvation of civilians as a method of warfare is prohibited. 2 It is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works, for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse Party, whatever the motive, whether in order to starve out civilians, to cause them to move away, or for any other motive. 3 The prohibitions in paragraph 2 shall not apply to such of the objects covered by it as are used by an adverse Party: (a) as sustenance solely for the members of its armed forces; or (b) if not as sustenance, then in direct support of military action, provided, however, that in no event shall actions against these objects be taken which may be expected to leave the civilian population with such inadequate food or water as to cause its starvation or force its movement. 4 These objects shall not be made the object of reprisals. 5 In recognition of the vital requirements of any Party to the conflict in the defence of its national territory against invasion, derogation from the prohibitions contained in paragraph 2 may be made by a Party to the conflict within such territory under its own control where required by imperative military necessity. Article 55 — Protection of the natural environment 1 Care shall be taken in warfare to protect the natural environment against widespread, long-term and severe damage. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) This protection includes a prohibition of the use of methods or means of warfare which are intended or may be expected to cause such damage to the natural environment and thereby to prejudice the health or survival of the population. 2 Attacks against the natural environment by way of reprisals are prohibited. Article 56 — Protection of works and installations containing dangerous forces 1 Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Other military objectives located at or in the vicinity of these works or installations shall not be made the object of attack if such attack may cause the release of dangerous forces from the works or installations and consequent severe losses among the civilian population. 2 The special protection against attack provided by paragraph 1 shall cease: (a) for a dam or a dyke only if it is used for other than its normal function and in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; (b) for a nuclear electrical generating station only if it provides electric power in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support; (c) for other military objectives located at or in the vicinity of these works or installations only if they are used in regular, significant and direct support of military operations and if such attack is the only feasible way to terminate such support. 3 In all cases, the civilian population and individual civilians shall remain entitled to all the protection accorded them by international law, including the protection of the precautionary measures provided for in Article 57. If the protection ceases and any of the works, installations or military objectives mentioned in paragraph 1 is attacked, all practical precautions shall be taken to avoid the release of the dangerous forces. 4 It is prohibited to make any of the works, installations or military objectives mentioned in paragraph 1 the object of reprisals. 5 The Parties to the conflict shall endeavour to avoid locating any military objectives in the vicinity of the works or installations mentioned in paragraph 1. Nevertheless, installations erected for the sole purpose of defending the protected works or installations from attack are permissible and shall not themselves be made the object of attack, provided that they Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) are not used in hostilities except for defensive actions necessary to respond to attacks against the protected works or installations and that their armament is limited to weapons capable only of repelling hostile action against the protected works or installations. 6 The High Contracting Parties and the Parties to the conflict are urged to conclude further agreements among themselves to provide additional protection for objects containing dangerous forces. 7 In order to facilitate the identification of the objects protected by this article, the Parties to the conflict may mark them with a special sign consisting of a group of three bright orange circles placed on the same axis, as specified in Article 16 of Annex I to this Protocol. The absence of such marking in no way relieves any Party to the conflict of its obligations under this Article. CHAPTER IV — PRECAUTIONARY MEASURES Article 57 — Precautions in attack 1 In the conduct of military operations, constant care shall be taken to spare the civilian population, civilians and civilian objects. 2 With respect to attacks, the following precautions shall be taken: (a) those who plan or decide upon an attack shall: (i) do everything feasible to verify that the objectives to be attacked are neither civilians nor civilian objects and are not subject to special protection but are military objectives within the meaning of paragraph 2 of Article 52 and that it is not prohibited by the provisions of this Protocol to attack them; (ii) take all feasible precautions in the choice of means and methods of attack with a view to avoiding, and in any event to minimizing, incidental loss of civilian life, injury to civilians and damage to civilian objects; (iii) refrain from deciding to launch any attack which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; (b) an attack shall be cancelled or suspended if it becomes apparent that the objective is not a military one or is subject to special protection or that the attack may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated; (c) effective advance warning shall be given of attacks which may affect the civilian population, unless circumstances do not permit. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 3 When a choice is possible between several military objectives for obtaining a similar military advantage, the objective to be selected shall be that the attack on which may be expected to cause the least danger to civilian lives and to civilian objects. 4 In the conduct of military operations at sea or in the air, each Party to the conflict shall, in conformity with its rights and duties under the rules of international law applicable in armed conflict, take all reasonable precautions to avoid losses of civilian lives and damage to civilian objects. 5 No provision of this article may be construed as authorizing any attacks against the civilian population, civilians or civilian objects. Article 58 — Precautions against the effects of attacks The Parties to the conflict shall, to the maximum extent feasible: (a) without prejudice to Article 49 of the Fourth Convention, endeavour to remove the civilian population, individual civilians and civilian objects under their control from the vicinity of military objectives; (b) avoid locating military objectives within or near densely populated areas; (c) take the other necessary precautions to protect the civilian population, individual civilians and civilian objects under their control against the dangers resulting from military operations. CHAPTER V — LOCALITIES AND ZONES UNDER SPECIAL PROTECTION Article 59 — Non-defended localities 1 It is prohibited for the Parties to the conflict to attack, by any means whatsoever, non-defended localities. 2 The appropriate authorities of a Party to the conflict may declare as a non-defended locality any inhabited place near or in a zone where armed forces are in contact which is open for occupation by an adverse Party. Such a locality shall fufil the following conditions: (a) all combatants, as well as mobile weapons and mobile military equipment must have been evacuated; (b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (d) no activities in support of military operations shall be undertaken. 3 The presence, in this locality, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 2. 4 The declaration made under paragraph 2 shall be addressed to the adverse Party and shall define and describe, as precisely as possible, the limits of the non-defended locality. The Party to the conflict to which the declaration is addressed shall acknowledge its receipt and shall treat the locality as a non-defended locality unless the conditions laid down in paragraph 2 are not in fact fulfilled, in which event it shall immediately so inform the Party making the declaration. Even if the conditions laid down in paragraph 2 are not fulfilled, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. 5 The Parties to the conflict may agree on the establishment of non-defended localities even if such localities do not fulfil the conditions laid down in paragraph 2. The agreement should define and describe, as precisely as possible, the limits of the non-defended locality; if necessary, it may lay down the methods of supervision. 6 The Party which is in control of a locality governed by such an agreement shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways. 7 A locality loses its status as a non-defended locality when it ceases to fulfil the conditions laid down in paragraph 2 or in the agreement referred to in paragraph 5. In such an eventuality, the locality shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. Article 60 — Demilitarized zones 1 It is prohibited for the Parties to the conflict to extend their military operations to zones on which they have conferred by agreement the status of demilitarized zone, if such extension is contrary to the terms of this agreement. 2 The agreement shall be an express agreement, may be concluded verbally or in writing, either directly or through a Protecting Power or any impartial humanitarian organization, and may consist of reciprocal and concordant declarations. The agreement may be concluded in peacetime, as well as after the outbreak of hostilities, and should define and describe, as precisely as possible, the limits of the demilitarized zone and, if necessary, lay down the methods of supervision. 3 The subject of such an agreement shall normally be any zone which fulfils the following conditions: (a) all combatants, as well as mobile weapons and mobile military equipment, must have been evacuated; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (b) no hostile use shall be made of fixed military installations or establishments; (c) no acts of hostility shall be committed by the authorities or by the population; and (d) any activity linked to the military effort must have ceased. The Parties to the conflict shall agree upon the interpretation to be given to the condition laid down in sub-paragraph (d) and upon persons to be admitted to the demilitarized zone other than those mentioned in paragraph 4. 4 The presence, in this zone, of persons specially protected under the Conventions and this Protocol, and of police forces retained for the sole purpose of maintaining law and order, is not contrary to the conditions laid down in paragraph 3. 5 The Party which is in control of such a zone shall mark it, so far as possible, by such signs as may be agreed upon with the other Party, which shall be displayed where they are clearly visible, especially on its perimeter and limits and on highways. 6 If the fighting draws near to a demilitarized zone, and if the Parties to the conflict have so agreed, none of them may use the zone for purposes related to the conduct of military operations or unilaterally revoke its status. 7 If one of the Parties to the conflict commits a material breach of the provisions of paragraphs 3 or 6, the other Party shall be released from its obligations under the agreement conferring upon the zone the status of demilitarized zone. In such an eventuality, the zone loses its status but shall continue to enjoy the protection provided by the other provisions of this Protocol and the other rules of international law applicable in armed conflict. CHAPTER VI — CIVIL DEFENCE Article 61 — Definitions and scope For the purposes of this Protocol: (a) civil defence means the performance of some or all of the undermentioned humanitarian tasks intended to protect the civilian population against the dangers, and to help it to recover from the immediate effects, of hostilities or disasters and also to provide the conditions necessary for its survival. These tasks are: (i) warning; (ii) evacuation; (iii) management of shelters; (iv) management of blackout measures; (v) rescue; (vi) medical services, including first aid, and religious assistance; (vii) fire-fighting; (vii) detection and marking of danger areas; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (ix) decontamination and similar protective measures; (x) provision of emergency accommodation and supplies; (xi) emergency assistance in the restoration and maintenance of order in distressed areas; (xii) emergency repair of indispensable public utilities; (xiii) emergency disposal of the dead; (xiv) assistance in the preservation of objects essential for survival; (xv) complementary activities necessary to carry out any of the tasks mentioned above, including, but not limited to, planning and organization; (b) civil defence organizations means those establishments and other units which are organized or authorized by the competent authorities of a Party to the conflict to perform any of the tasks mentioned under sub-paragraph (a), and which are assigned and devoted exclusively to such tasks; (c) personnel of civil defence organizations means those persons assigned by a Party to the conflict exclusively to the performance of the tasks mentioned under sub-paragraph (a), including personnel assigned by the competent authority of that Party exclusively to the administration of these organizations; (d) “matériel” of civil defence organizations means equipment, supplies and transports used by these organizations for the performance of the tasks mentioned under subparagraph (a). Article 62 — General protection 1 Civilian civil defence organizations and their personnel shall be respected and protected, subject to the provisions of this Protocol, particularly the provisions of this Section. They shall be entitled to perform their civil defence tasks except in case of imperative military necessity. 2 The provisions of paragraph 1 shall also apply to civilians who, although not members of civilian civil defence organizations, respond to an appeal from the competent authorities and perform civil defence tasks under their control. 3 Buildings and matériel used for civil defence purposes and shelters provided for the civilian population are covered by Article 52. Objects used for civil defence purposes may not be destroyed or diverted from their proper use except by the Party to which they belong. Article 63 — Civil defence in occupied territories 1 In occupied territories, civilian civil defence organizations shall receive from the authorities the facilities necessary for the performance of their tasks. In no circumstances shall Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) their personnel be compelled to perform activities which would interfere with the proper performance of these tasks. The Occupying Power shall not change the structure or personnel of such organizations in any way which might jeopardize the efficient performance of their mission. These organizations shall not be required to give priority to the nationals or interests of that Power. 2 The Occupying Power shall not compel, coerce or induce civilian civil defence organizations to perform their tasks in any manner prejudicial to the interests of the civilian population. 3 The Occupying Power may disarm civil defence personnel for reasons of security. 4 The Occupying Power shall neither divert from their proper use nor requisition buildings or matériel belonging to or used by civil defence organizations if such diversion or requisition would be harmful to the civilian population. 5 Provided that the general rule in paragraph 4 continues to be observed, the Occupying Power may requisition or divert these resources, subject to the following particular conditions: (a) that the buildings or matériel are necessary for other needs of the civilian population; and (b) that the requisition or diversion continues only while such necessity exists. 6 The Occupying Power shall neither divert nor requisition shelters provided for the use of the civilian population or needed by such population. Article 64 — Civilian civil defence organizations or neutral or other States not Parties to the conflict and international co-ordinating organizations 1 Articles 62, 63, 65 and 66 shall also apply to the personnel and matériel of civilian civil defence organizations of neutral or other States not Parties to the conflict which perform civil defence tasks mentioned in Article 61 in the territory of a Party to the conflict, with the consent and under the control of that Party. Notification of such assistance shall be given as soon as possible to any adverse Party concerned. In no circumstances shall this activity be deemed to be an interference in the conflict. This activity should, however, be performed with due regard to the security interests of the Parties to the conflict concerned. 2 The Parties to the conflict receiving the assistance referred to in paragraph 1 and the High Contracting Parties granting it should facilitate international co-ordination of such civil defence actions when appropriate. In such cases the relevant international organizations are covered by the provisions of this Chapter. 3 In occupied territories, the Occupying Power may only exclude or restrict the activities of civilian civil defence Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) organizations of neutral or other States not Parties to the conflict and of international co-ordinating organizations if it can ensure the adequate performance of civil defence tasks from its own resources or those of the occupied territory. Article 65 — Cessation of protection 1 The protection to which civilian civil defence organizations, their personnel, buildings, shelters and matériel are entitled shall not cease unless they commit or are used to commit, outside their proper tasks, acts harmful to the enemy. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time limit, and after such warning has remained unheeded. 2 The following shall not be considered as acts harmful to the enemy: (a) that civil defence tasks are carried out under the direction or control of military authorities; (b) that civilian civil defence personnel co-operate with military personnel in the performance of civil defence tasks, or that some military personnel are attached to civilian defence organizations; (c) that the performance of civil defence tasks may incidentally benefit military victims, particularly those who are hors de combat. 3 It shall also not be considered as an act harmful to the enemy that civilian civil defence personnel bear light individual weapons for the purpose of maintaining order of for self-defence. However, in areas where land fighting is taking place or is likely to take place, the Parties to the conflict shall undertake the appropriate measures to limit these weapons to handguns, such as pistols or revolvers, in order to assist in distinguishing between civil defence personnel and combatants. Although civil defence personnel bear other light individual weapons in such areas, they shall nevertheless be respected and protected as soon as they have been recognized as such. 4 The formation of civilian civil defence organizations along military lines, and compulsory service in them, shall also not deprive them of the protection conferred by this Chapter. Article 66 — Identification 1 Each Party to the conflict shall endeavour to ensure that its civil defence organizations, their personnel, buildings and matériel, are identifiable while they are exclusively devoted to the performance of civil defence tasks. Shelters provided for the civilian population should be similarly identifiable. 2 Each Party to the conflict shall also endeavour to adopt and implement methods and procedures which will make it possible to recognize civilian shelters as well as civil defence personnel, buildings and matériel on which the international distinctive sign of civil defence is displayed. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 3 In occupied territories and in areas where fighting is taking place or is likely to take place, civilian civil defence personnel should be recognizable by the international distinctive sign of civil defence and by an identity card certifying their status. 4 The international distinctive sign of civil defence is an equilateral blue triangle on an orange ground when used for the protection of civil defence organizations, their personnel, buildings and matériel and for civilian shelters. 5 In addition to the distinctive sign, Parties to the conflict may agree upon the use of distinctive signals for civil defence identification purposes. 6 The application of the provisions of paragraphs 1 to 4 is governed by Chapter V of Annex I to this Protocol. 7 In time of peace, the sign described in paragraph 4 may, with the consent of the competent national authorities, be used for civil defence identification purposes. 8 The High Contracting Parties and the Parties to the conflict shall take the measures necessary to supervise the display of the international distinctive sign of civil defence and to prevent and repress any misuse thereof. 9 The identification of civil defence medical and religious personnel, medical units and medical transports is also governed by Article 18. Article 67 — Members of the armed forces and military units assigned to civil defence organizations 1 Members of the armed forces and military units assigned to civil defence organizations shall be respected and protected, provided that: (a) such personnel and such units are permanently assigned and exclusively devoted to the performance of any of the tasks mentioned in Article 61; (b) if so assigned, such personnel do not perform any other military duties during the conflict; (c) such personnel are clearly distinguishable from the other members of the armed forces by prominently displaying the international distinctive sign of civil defence, which shall be as large as appropriate, and such personnel are provided with the identity card referred to in Chapter V of Annex I to this Protocol certifying their status; (d) such personnel and such units are equipped only with light individual weapons for the purpose of maintaining order or for self-defence. The provisions of Article 65, paragraph 3 shall also apply in this case; (e) such personnel do not participate directly in hostilities, and do not commit, or are not used to commit, outside their civil defence tasks, acts harmful to the adverse Party; (f) such personnel and such units perform their civil defence tasks only within the national territory of their Party. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) The non-observance of the conditions stated in (e) above by any member of the armed forces who is bound by the conditions prescribed in (a) and (b) above is prohibited. 2 Military personnel serving within civil defence organizations shall, if they fall into the power of an adverse Party, be prisoners of war. In occupied territory they may, but only in the interest of the civilian population of that territory, be employed on civil defence tasks in so far as the need arises, provided however that, if such work is dangerous, they volunteer for such tasks. 3 The buildings and major items of equipment and transports of military units assigned to civil defence organizations shall be clearly marked with the international distinctive sign of civil defence. This distinctive sign shall be as large as appropriate. 4 The matériel and buildings of military units permanently assigned to civil defence organizations and exclusively devoted to the performance of civil defence tasks shall, if they fall into the hands of an adverse Party, remain subject to the laws of war. They may not be diverted from their civil defence purpose so long as they are required for the performance of civil defence tasks, except in case of imperative military necessity, unless previous arrangements have been made for adequate provision for the needs of the civilian population. SECTION II — RELIEF IN FAVOUR OF THE CIVILIAN POPULATION Article 68 — Field of application The provisions of this Section apply to the civilian population as defined in this Protocol and are supplementary to Articles 23, 55, 59, 60, 61 and 62 and other relevant provisions of the Fourth Convention. Article 69 — Basic needs in occupied territories 1 In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship. 2 Relief actions for the benefit of the civilian population of occupied territories are governed by Articles 59, 60, 61, 62, 108, 109, 110 and 111 of the Fourth Convention, and by Article 71 of this Protocol, and shall be implemented without delay. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 70 — Relief actions 1 If the civilian population of any territory under the control of a Party to the conflict, other than occupied territory, is not adequately provided with the supplies mentioned in Article 69, relief actions which are humanitarian and impartial in character and conducted without any adverse distinction shall be undertaken, subject to the agreement of the Parties concerned in such relief actions. Offers of such relief shall not be regarded as interference in the armed conflict or as unfriendly acts. In the distribution of relief consignments, priority shall be given to those persons, such as children, expectant mothers, maternity cases and nursing mothers, who, under the Fourth Convention or under this Protocol, are to be accorded privileged treatment or special protection. 2 The Parties to the conflict and each High Contracting Party shall allow and facilitate rapid and unimpeded passage of all relief consignments, equipment and personnel provided in accordance with this Section, even if such assistance is destined for the civilian population of the adverse Party. 3 The Parties to the conflict and each High Contracting Party which allow the passage of relief consignments, equipment and personnel in accordance with paragraph 2: (a) shall have the right to prescribe the technical arrangements, including search, under which such passage is permitted; (b) may make such permission conditional on the distribution of this assistance being made under the local supervision of a Protecting Power; (c) shall, in no way whatsoever, divert relief consignments from the purpose for which they are intended nor delay their forwarding, except in cases of urgent necessity in the interest of the civilian population concerned. 4 The Parties to the conflict shall protect relief consignments and facilitate their rapid distribution. 5 The Parties to the conflict and each High Contracting Party concerned shall encourage and facilitate effective international co-ordination of the relief actions referred to in paragraph 1. Article 71 — Personnel participating in relief actions 1 Where necessary, relief personnel may form part of the assistance provided in any relief action, in particular for the transportation and distribution of relief consignments; the participation of such personnel shall be subject to the approval of the Party in whose territory they will carry out their duties. 2 Such personnel shall be respected and protected. 3 Each Party in receipt of relief consignments shall, to the fullest extent practicable, assist the relief personnel referred to in paragraph 1 in carrying out their relief mission. Only in case of imperative military necessity may the activities of the relief personnel be limited or their movements temporarily restricted. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 4 Under no circumstances may relief personnel exceed the terms of their mission under this Protocol. In particular they shall take account of the security requirements of the Party in whose territory they are carrying out their duties. The mission of any of the personnel who do not respect these conditions may be terminated. SECTION III — TREATMENT OF PERSONS IN THE POWER OF A PARTY TO THE CONFLICT CHAPTER I — FIELD OF APPLICATION AND PROTECTION OF PERSONS AND OBJECTS Article 72 — Field of application The provisions of this Section are additional to the rules concerning humanitarian protection of civilians and civilian objects in the power of a Party to the conflict contained in the Fourth Convention, particularly Parts I and III thereof, as well as to other applicable rules of international law relating to the protection of fundamental human rights during international armed conflict. Article 73 — Refugees and stateless persons Persons who, before the beginning of hostilities, were considered as stateless persons or refugees under the relevant international instruments accepted by the Parties concerned or under the national legislation of the State of refuge or State of residence shall be protected persons within the meaning of Parts I and III of the Fourth Convention, in all circumstances and without any adverse distinction. Article 74 — Reunion of dispersed families The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the reunion of families dispersed as a result of armed conflicts and shall encourage in particular the work of the humanitarian organizations engaged in this task in accordance with the provisions of the Conventions and of this Protocol and in conformity with their respective security regulations. Article 75 — Fundamental guarantees 1 In so far as they are affected by a situation referred to in Article 1 of this Protocol, persons who are in the power of a Party to the conflict and who do not benefit from more favourable treatment under the Conventions or under this Protocol shall be treated humanely in all circumstances and shall enjoy, as a minimum, the protection provided by this Article without any adverse distinction based upon race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) status, or on any other similar criteria. Each Party shall respect the person, honour, convictions and religious practices of all such persons. 2 The following acts are and shall remain prohibited at any time and in any place whatsoever, whether committed by civilian or by military agents: (a) violence to the life, health, or physical or mental wellbeing of persons, in particular: (i) murder; (ii) torture of all kinds, whether physical or mental; (iii) corporal punishment; and (iv) mutilation; (b) outrages upon personal dignity, in particular humiliating and degrading treatment, enforced prostitution and any form of indecent assault; (c) the taking of hostages; (d) collective punishments; and (e) threats to commit any of the foregoing acts. 3 Any person arrested, detained or interned for actions related to the armed conflict shall be informed promptly, in a language he understands, of the reasons why these measures have been taken. Except in cases of arrest or detention for penal offences, such persons shall be released with the minimum delay possible and in any event as soon as the circumstances justifying the arrest, detention or internment have ceased to exist. 4 No sentence may be passed and no penalty may be executed on a person found guilty of a penal offence related to the armed conflict except pursuant to a conviction pronounced by an impartial and regularly constituted court respecting the generally recognized principles of regular judicial procedure, which include the following: (a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; (b) no one shall be convicted of an offence except on the basis of individual penal responsibility; (c) no one shall be accused or convicted of a criminal offence on account of any act or omission which did not constitute a criminal offence under the national or international law to which he was subject at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby; (d) anyone charged with an offence is presumed innocent until proved guilty according to law; (e) anyone charged with an offence shall have the right to be tried in his presence; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (f) no one shall be compelled to testify against himself or to confess guilt; (g) anyone charged with an offence shall have the right to examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (h) no one shall be prosecuted or punished by the same Party for an offence in respect of which a final judgement acquitting or convicting that person has been previously pronounced under the same law and judicial procedure; (i) anyone prosecuted for an offence shall have the right to have the judgement pronounced publicly; and (j) a convicted person shall be advised on conviction of his judicial and other remedies and of the time limits within which they may be exercised. 5 Women whose liberty has been restricted for reasons related to the armed conflict shall be held in quarters separated from men’s quarters. They shall be under the immediate supervision of women. Nevertheless, in cases where families are detained or interned, they shall, whenever possible, be held in the same place and accommodated as family units. 6 Persons who are arrested, detained or interned for reasons related to the armed conflict shall enjoy the protection provided by this Article until their final release, repatriation or re-establishment, even after the end of the armed conflict. 7 In order to avoid any doubt concerning the prosecution and trial of persons accused of war crimes or crimes against humanity, the following principles shall apply: (a) persons who are accused of such crimes should be submitted for the purpose of prosecution and trial in accordance with the applicable rules of international law; and (b) any such persons who do not benefit from more favourable treatment under the Conventions or this Protocol shall be accorded the treatment provided by this Article, whether or not the crimes of which they are accused constitute grave breaches of the Conventions or of this Protocol. 8 No provision of this Article may be construed as limiting or infringing any other more favourable provision granting greater protection, under any applicable rules of international law, to persons covered by paragraph 1. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) CHAPTER II — MEASURES IN FAVOUR OF WOMEN AND CHILDREN Article 76 — Protection of women 1 Women shall be the object of special respect and shall be protected in particular against rape, forced prostitution and any other form of indecent assault. 2 Pregnant woman and mothers having dependent infants who are arrested, detained or interned for reasons related to the armed conflict, shall have their cases considered with the utmost priority. 3 To the maximum extent feasible, the Parties to the conflict shall endeavour to avoid the pronouncement of the death penalty on pregnant women or mothers having dependent infants, for an offence related to the armed conflict. The death penalty for such offences shall not be executed on such women. Article 77 — Protection of children 1 Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties to the conflict shall provide them with the care and aid they require, whether because of their age or for any other reason. 2 The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who are oldest. 3 If, in exceptional cases, despite the provisions of paragraph 2, children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not they are prisoners of war. 4 If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate from the quarters of adults, except where families are accommodated as family units as provided in Article 75, paragraph 5. 5 The death penalty for an offence related to the armed conflict shall not be executed on persons who had not attained the age of eighteen years at the time the offence was committed. Article 78 — Evacuation of children 1 No Party to the conflict shall arrange for the evacuation of children, other than its own nationals, to a foreign country except for a temporary evacuation where compelling reasons of the health or medical treatment of the children or, except in occupied territory, their safety, so require. Where the parents or legal guardians can be found, their written consent to such evacuation is required. If these persons cannot be found, Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) the written consent to such evacuation of the persons who by law or custom are primarily responsible for the care of the children is required. Any such evacuation shall be supervised by the Protecting Power in agreement with the Parties concerned, namely, the Party arranging for the evacuation, the Party receiving the children and any Parties whose nationals are being evacuated. In each case, all Parties to the conflict shall take all feasible precautions to avoid endangering the evacuation. 2 Whenever an evacuation occurs pursuant to paragraph 1, each child’s education, including his religious and moral education as his parents desire, shall be provided while he is away with the greatest possible continuity. 3 With a view to facilitating the return to their families and country of children evacuated pursuant to this Article, the authorities of the Party arranging for the evacuation and, as appropriate, the authorities of the receiving country shall establish for each child a card with photographs, which they shall send to the Central Tracing Agency of the International Committee of the Red Cross. Each card shall bear, whenever possible, and whenever it involves no risk of harm to the child, the following information: (a) surname(s) of the child; (b) the child’s first name(s); (c) the child’s sex; (d) the place and date of birth (or, if that date is not known, the approximate age); (e) the father’s full name; (f) the mother’s full name and her maiden name; (g) the child’s next-of-kin; (h) the child’s nationality; (i) the child’s native language, and any other languages he speaks; (j) the address of the child’s family; (k) any identification number for the child; (l) the child’s state of health; (m) the child’s blood group; (n) any distinguishing features; (o) the date on which and the place where the child was found; (p) the date on which and the place from which the child left the country; (q) the child’s religion, if any; (r) the child’s present address in the receiving country; (s) should the child die before his return, the date, place and circumstances of death and place of internment. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) CHAPTER III — JOURNALISTS Article 79 — Measures of protection for journalists 1 Journalists engaged in dangerous professional missions in areas of armed conflict shall be considered as civilians within the meaning of Article 50, paragraph 1. 2 They shall be protected as such under the Conventions and this Protocol, provided that they take no action adversely affecting their status as civilians, and without prejudice to the right of war correspondents accredited to the armed forces to the status provided for in Article 4A(4) of the Third Convention. 3 They may obtain an identity card similar to the model in Annex II of this Protocol. This card, which shall be issued by the government of the State of which the journalist is a national or in whose territory he resides or in which the news medium employing him is located, shall attest to his status as a journalist. PART V Execution of the Conventions and of This Protocol SECTION I — GENERAL PROVISIONS Article 80 — Measures for execution 1 The High Contracting Parties and the Parties to the conflict shall without delay take all necessary measures for the execution of their obligations under the Conventions and this Protocol. 2 The High Contracting Parties and the Parties to the conflict shall give orders and instructions to ensure observance of the Conventions and this Protocol, and shall supervise their execution. Article 81 — Activities of the Red Cross and other humanitarian organizations 1 The Parties to the conflict shall grant to the International Committee of the Red Cross all facilities within their power so as to enable it to carry out the humanitarian functions assigned to it by the Conventions and this Protocol in order to ensure protection and assistance to the victims of conflicts; the International Committee of the Red Cross may also carry Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) out any other humanitarian activities in favour of these victims, subject to the consent of the Parties to the conflict concerned. 2 The Parties to the conflict shall grant to their respective Red Cross (Red Crescent, Red Lion and Sun) organizations the facilities necessary for carrying out their humanitarian activities in favour of the victims of the conflict, in accordance with the provisions of the Conventions and this Protocol and the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross. 3 The High Contracting Parties and the Parties to the conflict shall facilitate in every possible way the assistance which Red Cross (Red Crescent, Red Lion and Sun) organizations and the League of Red Cross Societies extend to the victims of conflicts in accordance with the provisions of the Conventions and this Protocol and with the fundamental principles of the Red Cross as formulated by the International Conferences of the Red Cross. 4 The High Contracting Parties and the Parties to the conflict shall, as far as possible, make facilities similar to those mentioned in paragraphs 2 and 3 available to the other humanitarian organizations referred to in the Conventions and this Protocol which are duly authorized by the respective Parties to the conflict and which perform their humanitarian activities in accordance with the provisions of the Conventions and this Protocol. Article 82 — Legal advisers in armed forces The High Contracting Parties at all times, and the Parties to the conflict in time of armed conflict, shall ensure that legal advisers are available, when necessary, to advise military commanders at the appropriate level on the application of the Conventions and this Protocol and on the appropriate instruction to be given to the armed forces on this subject. Article 83 — Dissemination 1 The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate the Conventions and this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that those instruments may become known to the armed forces and to the civilian population. 2 Any military or civilian authorities who, in time of armed conflict, assume responsibilities in respect of the application of the Conventions and this Protocol shall be fully acquainted with the text thereof. Article 84 — Rules of application The High Contracting Parties shall communicate to one another, as soon as possible, through the depositary and, as appropriate, through the Protecting Powers, their official translations of this Protocol, as well as the laws and regulations which they may adopt to ensure its application. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) SECTION II — REPRESSION OF BREACHES OF THE CONVENTIONS AND OF THIS PROTOCOL Article 85 — Repression of breaches of this Protocol 1 The provisions of the Conventions relating to the repression of breaches and grave breaches, supplemented by this Section, shall apply to the repression of breaches and grave breaches of this Protocol. 2 Acts described as grave breaches in the Conventions are grave breaches of this Protocol if committed against persons in the power of an adverse Party protected by Articles 44, 45 and 73 of this Protocol, or against the wounded, sick and shipwrecked of the adverse Party who are protected by this Protocol, or against those medical or religious personnel, medical units or medical transports which are under the control of the adverse Party and are protected by this Protocol. 3 In addition to the grave breaches defined in Article 11, the following acts shall be regarded as grave breaches of this Protocol, when committed wilfully, in violation of the relevant provisions of this Protocol, and causing death or serious injury to body or health: (a) making the civilian population or individual civilians the object of attack; (b) launching an indiscriminate attack affecting the civilian population or civilian objects in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2(a)(iii); (c) launching an attack against works or installations containing dangerous forces in the knowledge that such attack will cause excessive loss of life, injury to civilians or damage to civilian objects, as defined in Article 57, paragraph 2(a)(iii); (d) making non-defended localities and demilitarized zones the object of attack; (e) making a person the object of attack in the knowledge that he is hors de combat; (f) the perfidious use, in violation of Article 37, of the distinctive emblem of the red cross, red crescent or red lion and sun or of other protective signs recognized by the Conventions or this Protocol. 4 In addition to the grave breaches defined in the preceding paragraphs and in the Conventions, the following shall be regarded as grave breaches of this Protocol, when committed wilfully and in violation of the Conventions or the Protocol: (a) the transfer by the occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) occupied territory within or outside this territory, in violation of Article 49 of the Fourth Convention; (b) unjustifiable delay in the repatriation of prisoners of war or civilians; (c) practices of apartheid and other inhuman and degrading practices involving outrages upon personal dignity, based on racial discrimination; (d) making the clearly-recognized historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples and to which special protection has been given by special arrangement, for example, within the framework of a competent international organization, the object of attack, causing as a result extensive destruction thereof, where there is no evidence of the violation by the adverse Party of Article 53, sub-paragraph (b), and when such historic monuments, works of art and places of worship are not located in the immediate proximity of military objectives; (e) depriving a person protected by the Conventions or referred to in paragraph 2 of this Article of the rights of fair and regular trial. 5 Without prejudice to the application of the Conventions and of this Protocol, grave breaches of these instruments shall be regarded as war crimes. Article 86 — Failure to act 1 The High Contracting Parties and the Parties to the conflict shall repress grave breaches, and take measures necessary to suppress all other breaches, of the Conventions or of this Protocol which result from a failure to act when under a duty to do so. 2 The fact that a breach of the Conventions or of this Protocol was committed by a subordinate does not absolve his superiors from penal or disciplinary responsibility, as the case may be, if they knew, or had information which should have enabled them to conclude in the circumstances at the time, that he was committing or was going to commit such a breach and if they did not take all feasible measures within their power to prevent or repress the breach. Article 87 — Duty of commanders 1 The High Contracting Parties and the Parties to the conflict shall require military commanders, with respect to members of the armed forces under their command and other persons under their control, to prevent and, where necessary, to suppress and report to competent authorities breaches of the Conventions and of this Protocol. 2 In order to prevent and suppress breaches, High Contracting Parties and Parties to the conflict shall require that, commensurate with their level of responsibility, commanders Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) ensure that members of the armed forces under their command are aware of their obligations under the Conventions and this Protocol. 3 The High Contracting Parties and Parties to the conflict shall require any commander who is aware that subordinates or other persons under his control are going to commit or have committed a breach of the Conventions or of this Protocol, to initiate such steps as are necessary to prevent such violations of the Conventions or this Protocol, and, where appropriate, to initiate disciplinary or penal action against violators thereof. Article 88 — Mutual assistance in criminal matters 1 The High Contracting Parties shall afford one another the greatest measure of assistance in connexion with criminal proceedings brought in respect of grave breaches of the Conventions or of this Protocol. 2 Subject to the rights and obligations established in the Conventions and in Article 85, paragraph 1, of this Protocol, and when circumstances permit, the High Contracting Parties shall co-operate in the matter of extradition. They shall give due consideration to the request of the State in whose territory the alleged offence has occurred. 3 The law of the High Contracting Party requested shall apply in all cases. The provisions of the preceding paragraphs shall not, however, affect the obligations arising from the provisions of any other treaty of a bilateral or multilateral nature which governs or will govern the whole or part of the subject of mutual assistance in criminal matters. Article 89 — Co-operation In situations of serious violations of the Conventions or of this Protocol, the High Contracting Parties undertake to act, jointly or individually, in co-operation with the United Nations and in conformity with the United Nations Charter. Article 90 — International FactFinding Commission 1. (a) An International Fact-Finding Commission (hereinafter referred to as “the Commission”) consisting of fifteen members of high moral standing and acknowledged impartiality shall be established. (b) When not less than twenty High Contracting Parties have agreed to accept the competence of the Commission pursuant to paragraph 2, the depositary shall then, and at intervals of five years thereafter, convene a meeting of representatives of those High Contracting Parties for the purpose of electing the members of the Commission. At the meeting, the representatives shall elect the members of the Commission by secret ballot from a list of persons to which Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) each of those High Contracting Parties may nominate one person. (c) The members of the Commission shall serve in their personal capacity and shall hold office until the election of new members at the ensuing meeting. (d) At the election, the High Contracting Parties shall ensure that the persons to be elected to the Commission individually possess the qualifications required and that, in the Commission as a whole, equitable geographical representation is assured. (e) In the case of a casual vacancy, the Commission itself shall fill the vacancy, having due regard to the provisions of the preceding sub-paragraphs. (f) The depositary shall make available to the Commission the necessary administrative facilities for the performance of its functions. 2. (a) The High Contracting Parties may at the time of signing, ratifying or acceding to the Protocol, or at any other subsequent time, declare that they recognize ipso facto and without special agreement, in relation to any other High Contracting Party accepting the same obligation, the competence of the Commission to enquire into allegations by such other Party, as authorized by this Article. (b) The declarations referred to above shall be deposited with the depositary, which shall transmit copies thereof to the High Contracting Parties. (c) The Commission shall be competent to: (i) enquire into any facts alleged to be a grave breach as defined in the Conventions and this Protocol or other serious violation of the Conventions or of this Protocol; (ii) facilitate, through its good offices, the restoration of an attitude of respect for the Conventions and this Protocol. (d) In other situations, the Commission shall institute an enquiry at the request of a Party to the conflict only with the consent of the other Party or Parties concerned. (e) Subject to the foregoing provisions of this paragraph, the provisions of Article 52 of the First Convention, Article 53 of the Second Convention, Article 132 of the Third Convention and Article 149 of the Fourth Convention shall continue to apply to any alleged violation of the Conventions and shall extend to any alleged violation of this Protocol. 3. (a) Unless otherwise agreed by the Parties concerned, all enquiries shall be undertaken by a Chamber consisting of seven members appointed as follows: (i) five members of the Commission, not nationals of any Party to the conflict, appointed by the President of the Commission on the basis of equitable representation of the geographical areas, after consultation with the Parties to the conflict; (ii) two ad hoc members, not nationals of any Party to the conflict, one to be appointed by each side. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (b) Upon receipt of the request for an enquiry, the President of the Commission shall specify an appropriate time limit for setting up a Chamber. If any ad hoc member has not been appointed within the time limit, the President shall immediately appoint such additional member or members of the Commission as may be necessary to complete the membership of the Chamber. 4. (a) The Chamber set up under paragraph 3 to undertake an enquiry shall invite the Parties to the conflict to assist it and to present evidence. The Chamber may also seek such other evidence as it deems appropriate and may carry out an investigation of the situation in loco. (b) All evidence shall be fully disclosed to the Parties, which shall have the right to comment on it to the Commission. (c) Each Party shall have the right to challenge such evidence. 5. (a) The Commission shall submit to the Parties a report on the findings of fact of the Chamber, with such recommendations as it may deem appropriate. (b) If the Chamber is unable to secure sufficient evidence for factual and impartial findings, the Commission shall state the reasons for that inability. (c) The Commission shall not report its findings publicly, unless all the Parties to the conflict have requested the Commission to do so. 6 The Commission shall establish its own rules, including rules for the presidency of the Commission and the presidency of the Chamber. Those rules shall ensure that the functions of the President of the Commission are exercised at all times and that, in the case of an enquiry, they are exercised by a person who is not a national of a Party to the conflict. 7 The administrative expenses of the Commission shall be met by contributions from the High Contracting Parties which made declarations under paragraph 2, and by voluntary contributions. The Party or Parties to the conflict requesting an enquiry shall advance the necessary funds for expenses incurred by a Chamber and shall be reimbursed by the Party or Parties against which the allegations are made to the extent of fifty percent of the costs of the Chamber. Where there are counter-allegations before the Chamber each side shall advance fifty per cent of the necessary funds. Article 91 — Responsibility A Party to the conflict which violates the provisions of the Conventions or of this Protocol shall, if the case demands, be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) PART VI Final Provisions Article 92 — Signature This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months. Article 93 — Ratification This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions. Article 94 — Accession This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary. Article 95 — Entry into force 1 This Protocol shall enter into force six months after two instruments of ratification or accesssion have been deposited. 2 For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession. Article 96 — Treaty relations upon entry into force of this Protocol 1 When the Parties to the Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol. 2 When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof. 3 The authority representing a people engaged against a High Contracting Party in an armed conflict of the type referred to in Article 1, paragraph 4, may undertake to apply the Conventions and this Protocol in relation to that conflict by means of a unilateral declaration addressed to the depositary. Such declaration shall, upon its receipt by the depositary, have in relation to that conflict the following effects: (a) the Conventions and this Protocol are brought into force for the said authority as a Party to the conflict with immediate effect; (b) the said authority assumes the same rights and obligations as those which have been assumed by a High Contracting Party to the Conventions and this Protocol; and Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) (c) the Conventions and this Protocol are equally binding upon all Parties to the conflict. Article 97 — Amendment 1 Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment. 2 The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol. Article 98 — Revision of Annex I 1 Not later than four years after the entry into force of this Protocol and thereafter at intervals of not less than four years, the International Committee of the Red Cross shall consult the High Contracting Parties concerning Annex I to this Protocol and, if it considers it necessary, may propose a meeting of technical experts to review Annex I and to propose such amendments to it as may appear to be desirable. Unless, within six months of the communication of a proposal for such a meeting to the High Contracting Parties, one third of them object, the International Committee of the Red Cross shall convene the meeting, inviting also observers of appropriate international organizations. Such a meeting shall also be convened by the International Committee of the Red Cross at any time at the request of one third of the High Contracting Parties. 2 The depositary shall convene a conference of the High Contracting Parties and the Parties to the Conventions to consider amendments proposed by the meeting of technical experts if, after that meeting, the International Committee of the Red Cross or one third of the High Contracting Parties so request. 3 Amendments to Annex I may be adopted at such a conference by a two-thirds majority of the High Contracting Parties present and voting. 4 The depositary shall communicate any amendment so adopted to the High Contracting Parties and to the Parties to the Conventions. The amendment shall be considered to have been accepted at the end of a period of one year after it has been so communicated, unless within that period a declaration of non-acceptance of the amendment has been communicated to the depositary by not less than one third of the High Contracting Parties. 5 An amendment considered to have been accepted in accordance with paragraph 4 shall enter into force three months after its acceptance for all High Contracting Parties other than those which have made a declaration of non-acceptance in accordance with that paragraph. Any Party making such a declaration may at any time withdraw it and the amendment shall then enter into force for that Party three months thereafter. 6 The depositary shall notify the High Contracting Parties and the Parties to the Conventions of the entry into force of Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) any amendment, of the Parties bound thereby, of the date of its entry into force in relation to each Party, of declarations of non-acceptance made in accordance with paragraph 4, and of withdrawals of such declarations. Article 99 — Denunciation 1 In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in one of the situations referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict or occupation and not, in any case, before operations connected with the final release, repatriation or re-establishment of the persons protected by the Conventions or this Protocol have been terminated. 2 The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties. 3 The denunciation shall have effect only in respect of the denouncing Party. 4 Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective. Article 100 — Notifications The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 93 and 94; (b) the date of entry into force of this Protocol under Article 95; (c) communications and declarations received under Articles 84, 90 and 97; (d) declarations received under Article 96, paragraph 3, which shall be communicated by the quickest methods; and (e) denunciations under Article 99. Article 101 — Registration 1 After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. 2 The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 102 — Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions. ANNEX I Regulations Concerning Identification CHAPTER I — IDENTITY CARDS Article 1 — Identity card for permanent civilian medical and religious personnel 1 The identity card for permanent civilian medical and religious personnel referred to in Article 18, paragraph 3, of the Protocol should: (a) bear the distinctive emblem and be of such size that it can be carried in the pocket; (b) be as durable as practicable; (c) be worded in the national or official language (and may in addition be worded in other languages); (d) mention the name, the date of birth (or, if that date is not available, the age at the time of issue) and the identity number, if any, of the holder; (e) state in what capacity the holder is entitled to the protection of the Conventions and of the Protocol; (f) bear the photograph of the holder as well as his signature or his thumbprint, or both; (g) bear the stamp and signature of the competent authority; (h) state the date of issue and date of expiry of the card. 2 The identity card shall be uniform throughout the territory of each High Contracting Party and, as far as possible, of the same type for all Parties to the conflict. The Parties to the conflict may be guided by the single-language model shown in Figure 1. At the outbreak of hostilities, they shall transmit to each other a specimen of the model they are using, if such model differs from that shown in Figure 1. The identity card shall be made out, if possible, in duplicate, one copy being kept by the issuing authority, which should maintain control of the cards which it has issued. 3 In no circumstances may permanent civilian medical and religious personnel be deprived of their identity cards. In the event of the loss of a card, they shall be entitled to obtain a duplicate copy. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 2 — Identity card for temporary civilian medical and religious personnel 1 The identity card for temporary civilian medical and religious personnel should, whenever possible, be similar to that provided for in Article 1 of these Regulations. The Parties to the conflict may be guided by the model shown in Figure 1. 2 When circumstances preclude the provision to temporary civilian medical and religious personnel of identity cards similar to those described in Article 1 of these Regulations, the said personnel may be provided with a certificate signed by the competent authority certifying that the person to whom it is issued is assigned to duty as temporary personnel and stating, if possible, the duration of such assignment and his right to wear the distinctive emblem. The certificate should mention the holder’s name and date of birth (or if that date is not available, his age at the time when the certificate was issued), his function and identity number, if any. It shall bear his signature or his thumbprint, or both. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) CHAPTER II — THE DISTINCTIVE EMBLEM Article 3 — Shape and nature 1 The distinctive emblem (red on a white ground) shall be as large as appropriate under the circumstances. For the shapes of the cross, the crescent or the lion and sun, the High Contracting Parties may be guided by the model shown in Figure 2. 2 At night or when visibility is reduced, the distinctive emblem may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection. Fig. 2: Distinctive emblems in red on a white ground Article 4 — Use 1 The distinctive emblem shall, whenever possible, be displayed on a flat surface or on flags visible from as many directions and from as far away as possible. 2 Subject to the instructions of the competent authority, medical and religious personnel carrying out their duties in the battle area shall, as far as possible, wear headgear and clothing bearing the distinctive emblem. CHAPTER III — DISTINCTIVE SIGNALS Article 5 — Optional Use 1 Subject to the provisions of Article 6 of these Regulations, the signals specified in this Chapter for exclusive use by medical units and transports shall not be used for any other purpose. The use of all signals referred to in this Chapter is optional. 2 Temporary medical aircraft which cannot, either for lack of time or because of their characteristics, be marked with the distinctive emblem, may use the distinctive signals authorized in this Chapter. The best method of effective identification and recognition of medical aircraft is, however, the use of a visual signal, either the distinctive emblem or the light signal specified in Article 6, or both, supplemented by the other signals referred to in Articles 7 and 8 of these Regulations. Article 6 — Light signal 1 The light signal, consisting of a flashing blue light, is established for the use of medical aircraft to signal their identity. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) No other aircraft shall use this signal. The recommended blue colour is obtained by using, as trichromatic co-ordinates: green boundary white boundary purple boundary y = 0.065 + 0.805x y = 0.400 - x x = 0.133 + 0.600y The recommended flashing rate of the blue light is between sixty and one hundred flashes per minute. 2 Medical aircraft should be equipped with such lights as may be necessary to make the light signal visible in as many directions as possible. 3 In the absence of a special agreement between the Parties to the conflict reserving the use of flashing blue lights for the identification of medical vehicles and ships and craft, the use of such signals for other vehicles or ships is not prohibited. Article 7 — Radio signal 1 The radio signal shall consist of a radiotelephonic or radiotelegraphic message preceded by a distinctive priority signal to be designated and approved by a World Administrative Radio Conference of the International Telecommunication Union. It shall be transmitted three times before the call sign of the medical transport involved. This message shall be transmitted in English at appropriate intervals on a frequency or frequencies specified pursuant to paragraph 3. The use of the priority signal shall be restricted exclusively to medical units and transports. 2 The radio message preceded by the distinctive priority signal mentioned in paragraph 1 shall convey the following data: (a) call sign of the medical transport; (b) position of the medical transport; (c) number and type of medical transports; (d) intended route; (e) estimated time en route and of departure and arrival, as appropriate; (f) any other information such as flight altitude, radio frequencies guarded, languages and secondary surveillance radar modes and codes. 3 In order to facilitate the communications referred to in paragraphs 1 and 2, as well as the communications referred to in Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol, the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, may designate, in accordance with the Table of Frequency Allocations in the Radio Regulations annexed to the International Telecommunication Convention, and publish selected national frequencies to be used by them for such communications. These frequencies shall be notified to the International Telecommunication Union in accordance with procedures to be approved by a World Administrative Radio Conference. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 8 — Electronic identification 1 The Secondary Surveillance Radar (SSR) system, as specified in Annex 10 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used to identify and to follow the course of medical aircraft. The SSR mode and code to be reserved for the exclusive use of medical aircraft shall be established by the High Contracting Parties, the Parties to a conflict, or one of the Parties to a conflict, acting in agreement or alone, in accordance with procedures to be recommended by the International Civil Aviation Organization. 2 Parties to a conflict may, by special agreement between them, establish for their use a similar electronic system for the identification of medical vehicles, and medical ships and craft. CHAPTER IV — COMMUNICATIONS Article 9 — Radiocommunications The priority signal provided for in Article 7 of these Regulations may precede appropriate radiocommunications by medical units and transports in the application of the procedures carried out under Articles 22, 23, 25, 26, 27, 28, 29, 30 and 31 of the Protocol. Article 10 — Use of international codes Medical units and transports may also use the codes and signals laid down by the International Telecommunication Union, the International Civil Aviation Organization and the Inter-Governmental Maritime Consultative Organization. These codes and signals shall be used in accordance with the standards, practices and procedures established by these Organizations. Article 11 — Other means of communication When two-way radiocommunication is not possible, the signals provided for in the International Code of Signals adopted by the Inter-Governmental Maritime Consultative Organization or in the appropriate Annex to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, may be used. Article 12 — Flight plans The agreements and notifications relating to flight plans provided for in Article 29 of the Protocol shall as far as possible be formulated in accordance with procedures laid down by the International Civil Aviation Organization. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 13 — Signals and procedures for the interception of medical aircraft If an intercepting aircraft is used to verify the identity of a medical aircraft in flight or to require it to land in accordance with Articles 30 and 31 of the Protocol, the standard visual and radio interception procedures prescribed by Annex 2 to the Chicago Convention on International Civil Aviation of 7 December 1944, as amended from time to time, should be used by the intercepting and the medical aircraft. CHAPTER V — CIVIL DEFENCE Article 14 — Identity card 1 The identity card of the civil defence personnel provided for in Article 66, paragraph 3, of the Protocol is governed by the relevant provisions of Article 1 of these Regulations. 2 The identity card for civil defence personnel may follow the model shown in Figure 3. 3 If civil defence personnel are permitted to carry light individual weapons, an entry to that effect should be made on the card mentioned. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) Article 15 — International distinctive sign 1 The international distinctive sign of civil defence provided for in Article 66, paragraph 4, of the Protocol is an equilateral blue triangle on an orange ground. A model is shown in Figure 4: Fig. 4: Blue triangle on an orange ground. 2 It is recommended that: (a) if the blue triangle is on a flag or armlet or tabard, the ground to the triangle be the orange flag, armlet or tabard; (b) one of the angles of the triangle be pointed vertically upwards; (c) no angles of the triangle touch the edge of the orange ground. 3 The international distinctive sign shall be as large as appropriate under the circumstances. The international distinctive sign shall, whenever possible, be displayed on flat surfaces or on flags visible from as many directions and from as far away as possible. Subject to the instructions of the competent authority, civil defence personnel shall, as far as possible, wear headgear and clothing bearing the international distinctive sign. At night or when visibility is reduced, the sign may be lighted or illuminated; it may also be made of materials rendering it recognizable by technical means of detection. CHAPTER VI — WORKS AND INSTALLATIONS CONTAINING DANGEROUS FORCES Article 16 — International special sign 1 The international special sign for works and installations containing dangerous forces, as provided for in Article 56, paragraph 7, of the Protocol, shall be a group of three bright orange circles of equal size, placed on the same axis, the distance between each circle being one radius, in accordance with Figure 5 below. 2 The sign shall be as large as appropriate under the circumstances. When displayed over an extended surface it may be repeated as often as appropriate under the circumstances. It shall, whenever possible, be displayed on flat surfaces or on Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) flags so as to be visible from as many directions and from as far away as possible. 3 On a flag, the distance between the outer limits of the sign and the adjacent sides of the flag shall be one radius of a circle. The flag shall be rectangular and shall have a white ground. 4 At night or when visibility is reduced, the sign may be lighted or illuminated. It may also be made of materials rendering it recognizable by technical means of detection. Fig. 5: International special sign for works and installations containing dangerous forces. * Bright orange circle on white ground ANNEX II Identity Card for Journalists on Dangerous Missions Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE V Protocol IProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I) 1990, c. 14, s. 6. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) SCHEDULE VI (Subsection 2(2)) Protocol II Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of NonInternational Armed Conflicts (Protocol II) Preamble The High Contracting Parties, Recalling that the humanitarian principles enshrined in Article 3 common to the Geneva Conventions of 12 August 1949, constitute the foundation of respect for the human person in cases of armed conflict not of an international character, Recalling furthermore that international instruments relating to human rights offer a basic protection to the human person, Emphasizing the need to ensure a better protection for the victims of those armed conflicts, Recalling that, in cases not covered by the law in force, the human person remains under the protection of the principles of humanity and the dictates of the public conscience, Have agreed on the following: PART I Scope of This Protocol Article 1 — Material field of application 1 This Protocol, which develops and supplements Article 3 common to the Geneva Conventions of 12 August 1949 without modifying its existing conditions of application, shall apply to all armed conflicts which are not covered by Article 1 of the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) and which take place in the territory of a High Contracting Party between its armed forces and dissident armed forces or other organized armed groups which, under responsible command, exercise such control over a part of its territory as to enable them to carry out sustained and concerted military operations and to implement this Protocol. 2 This Protocol shall not apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) acts of violence and other acts of a similar nature, as not being armed conflicts. Article 2 — Personal field of application 1 This Protocol shall be applied without any adverse distinction founded on race, colour, sex, language, religion or belief, political or other opinion, national or social origin, wealth, birth or other status, or on any other similar criteria (hereinafter referred to as “adverse distinction”) to all persons affected by an armed conflict as defined in Article 1. 2 At the end of the armed conflict, all the persons who have been deprived of their liberty or whose liberty has been restricted for reasons related to such conflict, as well as those deprived of their liberty or whose liberty is restricted after the conflict for the same reasons, shall enjoy the protection of Articles 5 and 6 until the end of such deprivation or restriction of liberty. Article 3 — Non-intervention 1 Nothing in this Protocol shall be invoked for the purpose of affecting the sovereignty of a State or the responsibility of the government, by all legitimate means, to maintain or re-establish law and order in the State or to defend the national unity and territorial integrity of the State. 2 Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs. PART II Humane Treatment Article 4 — Fu ndamental guarantees 1 All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honour and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors. 2 Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph 1 are and shall remain prohibited at any time and in any place whatsoever: (a) violence to the life, health and physical or mental wellbeing of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment; (b) collective punishments; (c) taking of hostages; (d) acts of terrorism; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (e) outrages upon personal dignity, in particular humiliating and degrading treatment, rape, enforced prostitution and any form of indecent assault; (f) slavery and the slave trade in all their forms; (g) pillage; (h) threats to commit any of the foregoing acts. 3 Children shall be provided with the care and aid they require, and in particular: (a) they shall receive an education, including religious and moral education, in keeping with the wishes of their parents, or in the absence of parents, of those responsible for their care; (b) all appropriate steps shall be taken to facilitate the reunion of families temporarily separated; (c) children who have not attained the age of fifteen years shall neither be recruited in the armed forces or groups nor allowed to take part in hostilities; (d) the special protection provided by this Article to children who have not attained the age of fifteen years shall remain applicable to them if they take a direct part in hostilities despite the provisions of sub-paragraph (c) and are captured; (e) measures shall be taken, if necessary, and whenever possible with the consent of their parents or persons who by law or custom are primarily responsible for their care, to remove children temporarily from the area in which hostilities are taking place to a safer area within the country and ensure that they are accompanied by persons responsible for their safety and well-being. Article 5 — Pe rsons whose liberty has been restricted 1 In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained: (a) the wounded and the sick shall be treated in accordance with Article 7; (b) the persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health and hygiene and protection against the rigours of the climate and the dangers of the armed conflict; (c) they shall be allowed to receive individual or collective relief; (d) they shall be allowed to practise their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions; (e) they shall, if made to work, have the benefit of working conditions and safeguards similar to those enjoyed by the local civilian population. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 2 Those who are responsible for the internment or detention of the persons referred to in paragraph 1 shall also, within the limits of their capabilities, respect the following provisions relating to such persons: (a) except when men and women of a family are accommodated together, women shall be held in quarters separated from those of men and shall be under the immediate supervision of women; (b) they shall be allowed to send and receive letters and cards, the number of which may be limited by competent authority if it deems necessary; (c) places of internment and detention shall not be located close to the combat zone. The persons referred to in paragraph 1 shall be evacuated when the places where they are interned or detained become particularly exposed to danger arising out of the armed conflict, if their evacuation can be carried out under adequate conditions of safety; (d) they shall have the benefit of medical examinations; (e) their physical or mental health and integrity shall not be endangered by any unjustified act or omission. Accordingly, it is prohibited to subject the persons described in this Article to any medical procedure which is not indicated by the state of health of the person concerned, and which is not consistent with the generally accepted medical standards applied to free persons under similar medical circumstances. 3 Persons who are not covered by paragraph 1 but whose liberty has been restricted in any way whatsoever for reasons related to the armed conflict shall be treated humanely in accordance with Article 4 and with paragraphs 1(a), (c) and (d), and 2(b) of this Article. 4 If it is decided to release persons deprived of their liberty, necessary measures to ensure their safety shall be taken by those so deciding. Article 6 — Penal prosecutions 1 This Article applies to the prosecution and punishment of criminal offences related to the armed conflict. 2 No sentence shall be passed and no penalty shall be executed on a person found guilty of an offence except pursuant to a conviction pronounced by a court offering the essential guarantees of independence and impartiality. In particular: (a) the procedure shall provide for an accused to be informed without delay of the particulars of the offence alleged against him and shall afford the accused before and during his trial all necessary rights and means of defence; (b) no one shall be convicted of an offence except on the basis of individual penal responsibility; (c) no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under the law, at the time when it was committed; nor shall a heavier penalty be imposed than that which was applicable at the time when the criminal offence was committed; if, after the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby; Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (d) anyone charged with an offence is presumed innocent until proved guilty according to law; (e) anyone charged with an offence shall have the right to be tried in his presence; (f) no one shall be compelled to testify against himself or to confess guilt. 3 A convicted person shall be advised on conviction of his judicial and other remedies and of the time-limits within which they may be exercised. 4 The death penalty shall not be pronounced on persons who were under the age of eighteen years at the time of the offence and shall not be carried out on pregnant women or mothers of young children. 5 At the end of hostilities, the authorities in power shall endeavour to grant the broadest possible amnesty to persons who have participated in the armed conflict, or those deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained. PART III Wounded, Sick and Shipwrecked Article 7 — Protection and care 1 All the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected. 2 In all circumstances they shall be treated humanely and shall receive, to the fullest extent practicable and with the least possible delay, the medical care and attention required by their condition. There shall be no distinction among them founded on any grounds other than medical ones. Article 8 — Search Whenever circumstances permit, and particularly after an engagement, all possible measures shall be taken, without delay, to search for and collect the wounded, sick and shipwrecked, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead, prevent their being despoiled, and decently dispose of them. Article 9 — Protection of medical and religious personnel 1 Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks which are not compatible with their humanitarian mission. 2 In the performance of their duties medical personnel may not be required to give priority to any person except on medical grounds. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) Article 10 — General protection of medical duties 1 Under no circumstances shall any person be punished for having carried out medical activities compatible with medical ethics, regardless of the person benefiting therefrom. 2 Persons engaged in medical activities shall neither be compelled to perform acts or to carry out work contrary to, nor be compelled to refrain from acts required by, the rules of medical ethics or other rules designed for the benefit of the wounded and sick, or this Protocol. 3 The professional obligations of persons engaged in medical activities regarding information which they may acquire concerning the wounded and sick under their care shall, subject to national law, be respected. 4 Subject to national law, no person engaged in medical activities may be penalized in any way for refusing or failing to give information concerning the wounded and sick who are, or who have been, under his care. Article 11 — P rotection of medical units and transports 1 Medical units and transports shall be respected and protected at all times and shall not be the object of attack. 2 The protection to which medical units and transports are entitled shall not cease unless they are used to commit hostile acts, outside their humanitarian function. Protection may, however, cease only after a warning has been given setting, whenever appropriate, a reasonable time-limit, and after such warning has remained unheeded. Article 12 — The distinctive emblem Under the direction of the competent authority concerned, the distinctive emblem of the red cross, red crescent or red lion and sun on a white ground shall be displayed by medical and religious personnel and medical units, and on medical transports. It shall be respected in all circumstances. It shall not be used improperly. PART IV Civilian Population Article 13 — Protection of the civilian population 1 The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) 2 The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3 Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities. Article 14 — Protection of objects indispensable to the survival of the civilian population Starvation of civilians as a method of combat is prohibited. It is therefore prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable to the survival of the civilian population, such as foodstuffs, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works. Article 15 — P rotection of works and installations c ontaining dangerous forces Works or installations containing dangerous forces, namely dams, dykes and nuclear electrical generating stations, shall not be made the object of attack, even where these objects are military objectives, if such attack may cause the release of dangerous forces and consequent severe losses among the civilian population. Article 16 — Protection of cultural objects and of places of worship Without prejudice to the provisions of the Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort. Article 17 — Prohibition of forced movement of civilians 1 The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition. 2 Civilians shall not be compelled to leave their own territory for reasons connected with the conflict. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) Article 18 — Relief societies and relief actions 1 Relief societies located in the territory of the High Contracting Party, such as Red Cross (Red Crescent, Red Lion and Sun) organizations, may offer their services for the performance of their traditional functions in relation to the victims of the armed conflict. The civilian population may, even on its own initiative, offer to collect and care for the wounded, sick and shipwrecked. 2 If the civilian population is suffering undue hardship owing to a lack of the supplies essential for its survival, such as foodstuffs and medical supplies, relief actions for the civilian population which are of an exclusively humanitarian and impartial nature and which are conducted without any adverse distinction shall be undertaken subject to the consent of the High Contracting Party concerned. PART V Final Provisions Article 19 — Dissemination This Protocol shall be disseminated as widely as possible. Article 20 — Signature This Protocol shall be open for signature by the Parties to the Conventions six months after the signing of the Final Act and will remain open for a period of twelve months. Article 21 — Ratification This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Conventions. Article 22 — Accession This Protocol shall be open for accession by any Party to the Conventions which has not signed it. The instruments of accession shall be deposited with the depositary. Article 23 — Entry into force 1 This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited. 2 For each Party to the Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession. Article 24 — Amendment 1 Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary which shall decide, after Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VI Protocol IIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) consultation with all the High Contracting Parties and the International Committee of the Red Cross, whether a conference should be convened to consider the proposed amendment. 2 The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol. Article 25 — Denunciation 1 In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect six months after receipt of the instrument of denunciation. If, however, on the expiry of six months, the denouncing Party is engaged in the situation referred to in Article 1, the denunciation shall not take effect before the end of the armed conflict. Persons who have been deprived of liberty, or whose liberty has been restricted, for reasons related to the conflict shall nevertheless continue to benefit from the provisions of this Protocol until their final release. 2 The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties. Article 26 — Notifications The depositary shall inform the High Contracting Parties as well as the Parties to the Conventions, whether or not they are signatories of this Protocol, of: (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 21 and 22; (b) the date of entry into force of this Protocol under Article 23; and (c) communications and declarations received under Article 24. Article 27 — Registration 1 After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. 2 The depositary shall also inform the Secretariat of the United Nations of all ratifications and accessions received by it with respect to this Protocol. Article 28 — Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Conventions. 1990, c. 14, s. 6. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) SCHEDULE VII (Subsection 2(3)) Protocol III Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) Preamble The High Contracting Parties, Reaffirming the provisions of the Geneva Conventions of 12 August 1949 (in particular Articles 26, 38, 42 and 44 of the First Geneva Convention) and, where applicable, their Additional Protocols of 8 June 1977 (in particular Articles 18 and 38 of Additional Protocol I and Article 12 of Additional Protocol II), concerning the use of distinctive emblems, Desiring to supplement the aforementioned provisions so as to enhance their protective value and universal character, Noting that this Protocol is without prejudice to the recognized right of High Contracting Parties to continue to use the emblems they are using in conformity with their obligations under the Geneva Conventions and, where applicable, the Protocols additional thereto, Recalling that the obligation to respect persons and objects protected by the Geneva Conventions and the Protocols additional thereto derives from their protected status under international law and is not dependent on use of the distinctive emblems, signs or signals, Stressing that the distinctive emblems are not intended to have any religious, ethnic, racial, regional or political significance, Emphasizing the importance of ensuring full respect for the obligations relating to the distinctive emblems recognized in the Geneva Conventions, and, where applicable, the Protocols additional thereto, Recalling that Article 44 of the First Geneva Convention makes the distinction between the protective use and the indicative use of the distinctive emblems, Recalling further that National Societies undertaking activities on the territory of another State must ensure that the emblems they intend to use within the framework of such activities may be used in the country where the activity takes place and in the country or countries of transit, Recognizing the difficulties that certain States and National Societies may have with the use of the existing distinctive emblems, Noting the determination of the International Committee of the Red Cross, the International Federation of Red Cross and Red Crescent Societies and the International Red Cross and Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) Red Crescent Movement to retain their current names and emblems, Have agreed on the following: Article 1 — Respect for and scope of application of this Protocol 1 The High Contracting Parties undertake to respect and to ensure respect for this Protocol in all circumstances. 2 This Protocol reaffirms and supplements the provisions of the four Geneva Conventions of 12 August 1949 (“the Geneva Conventions”) and, where applicable, of their two Additional Protocols of 8 June 1977 (“the 1977 Additional Protocols”) relating to the distinctive emblems, namely the red cross, the red crescent and the red lion and sun, and shall apply in the same situations as those referred to in these provisions. Article 2 — Distinctive emblems 1 This Protocol recognizes an additional distinctive emblem in addition to, and for the same purposes as, the distinctive emblems of the Geneva Conventions. The distinctive emblems shall enjoy equal status. 2 This additional distinctive emblem, composed of a red frame in the shape of a square on edge on a white ground, shall conform to the illustration in the Annex to this Protocol. This distinctive emblem is referred to in this Protocol as the “third Protocol emblem”. 3 The conditions for use of and respect for the third Protocol emblem are identical to those for the distinctive emblems established by the Geneva Conventions and, where applicable, the 1977 Additional Protocols. 4 The medical services and religious personnel of armed forces of High Contracting Parties may, without prejudice to their current emblems, make temporary use of any distinctive emblem referred to in paragraph 1 of this Article where this may enhance protection. Article 3 — Indicative use of the third Protocol emblem 1 National Societies of those High Contracting Parties which decide to use the third Protocol emblem may, in using the emblem in conformity with relevant national legislation, choose to incorporate within it, for indicative purposes: (a) a distinctive emblem recognized by the Geneva Conventions or a combination of these emblems; or (b) another emblem which has been in effective use by a High Contracting Party and was the subject of a communication to the other High Contracting Parties and the International Committee of the Red Cross through the depositary prior to the adoption of this Protocol. Incorporation shall conform to the illustration in the Annex to this Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) 2 A National Society which chooses to incorporate within the third Protocol emblem another emblem in accordance with paragraph 1 above, may, in conformity with national legislation, use the designation of that emblem and display it within its national territory. 3 National Societies may, in accordance with national legislation and in exceptional circumstances and to facilitate their work, make temporary use of the distinctive emblem referred to in Article 2 of this Protocol. 4 This Article does not affect the legal status of the distinctive emblems recognized in the Geneva Conventions and in this Protocol, nor does it affect the legal status of any particular emblem when incorporated for indicative purposes in accordance with paragraph 1 of this Article. Article 4 — International Committee of the Red Cross and International Federation of Red Cross and Red Crescent Societies The International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, and their duly authorized personnel, may use, in exceptional circumstances and to facilitate their work, the distinctive emblem referred to in Article 2 of this Protocol. Article 5 — Missions under United Nations auspices The medical services and religious personnel participating in operations under the auspices of the United Nations may, with the agreement of participating States, use one of the distinctive emblems mentioned in Articles 1 and 2. Article 6 — Prevention and repression of misuse 1 The provisions of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, governing prevention and repression of misuse of the distinctive emblems shall apply equally to the third Protocol emblem. In particular, the High Contracting Parties shall take measures necessary for the prevention and repression, at all times, of any misuse of the distinctive emblems mentioned in Articles 1 and 2 and their designations, including the perfidious use and the use of any sign or designation constituting an imitation thereof. 2 Notwithstanding paragraph 1 above, High Contracting Parties may permit prior users of the third Protocol emblem, or of any sign constituting an imitation thereof, to continue such use, provided that the said use shall not be such as would appear, in time of armed conflict, to confer the protection of the Geneva Conventions and, where applicable, the 1977 Additional Protocols, and provided that the rights to such use were acquired before the adoption of this Protocol. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) Article 7 — Dissemination The High Contracting Parties undertake, in time of peace as in time of armed conflict, to disseminate this Protocol as widely as possible in their respective countries and, in particular, to include the study thereof in their programmes of military instruction and to encourage the study thereof by the civilian population, so that this instrument may become known to the armed forces and to the civilian population. Article 8 — Signature This Protocol shall be open for signature by the Parties to the Geneva Conventions on the day of its adoption and will remain open for a period of twelve months. Article 9 — Ratification This Protocol shall be ratified as soon as possible. The instruments of ratification shall be deposited with the Swiss Federal Council, depositary of the Geneva Conventions and the 1977 Additional Protocols. Article 10 — Accession This Protocol shall be open for accession by any Party to the Geneva Conventions which has not signed it. The instruments of accession shall be deposited with the depositary. Article 11 — Entry into force 1 This Protocol shall enter into force six months after two instruments of ratification or accession have been deposited. 2 For each Party to the Geneva Conventions thereafter ratifying or acceding to this Protocol, it shall enter into force six months after the deposit by such Party of its instrument of ratification or accession. Article 12 — Treaty relations upon entry into force of this Protocol 1 When the Parties to the Geneva Conventions are also Parties to this Protocol, the Conventions shall apply as supplemented by this Protocol. 2 When one of the Parties to the conflict is not bound by this Protocol, the Parties to the Protocol shall remain bound by it in their mutual relations. They shall furthermore be bound by this Protocol in relation to each of the Parties which are not bound by it, if the latter accepts and applies the provisions thereof. Article 13 — Amendment 1 Any High Contracting Party may propose amendments to this Protocol. The text of any proposed amendment shall be communicated to the depositary, which shall decide, after consultation with all the High Contracting Parties, the International Committee of the Red Cross and the International Federation of Red Cross and Red Crescent Societies, whether a conference should be convened to consider the proposed amendment. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions SCHEDULE VII Protocol IIIProtocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Adoption of an Additional Distinctive Emblem (Protocol III) 2 The depositary shall invite to that conference all the High Contracting Parties as well as the Parties to the Geneva Conventions, whether or not they are signatories of this Protocol. Article 14 — Denunciation 1 In case a High Contracting Party should denounce this Protocol, the denunciation shall only take effect one year after receipt of the instrument of denunciation. If, however, on the expiry of that year the denouncing Party is engaged in a situation of armed conflict or occupation, the denunciation shall not take effect before the end of the armed conflict or occupation. 2 The denunciation shall be notified in writing to the depositary, which shall transmit it to all the High Contracting Parties. 3 The denunciation shall have effect only in respect of the denouncing Party. 4 Any denunciation under paragraph 1 shall not affect the obligations already incurred, by reason of the armed conflict or occupation, under this Protocol by such denouncing Party in respect of any act committed before this denunciation becomes effective. Article 15 — Notifications The depositary shall inform the High Contracting Parties as well as the Parties to the Geneva Conventions, whether or not they are signatories of this Protocol, of: (a) signatures affixed to this Protocol and the deposit of instruments of ratification and accession under Articles 8, 9 and 10; (b) the date of entry into force of this Protocol under Article 11 within ten days of said entry into force; (c) communications received under Article 13; (d) denunciations under Article 14. Article 16 — Registration 1 After its entry into force, this Protocol shall be transmitted by the depositary to the Secretariat of the United Nations for registration and publication, in accordance with Article 102 of the Charter of the United Nations. 2 The depositary shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to this Protocol. Article 17 — Authentic texts The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the depositary, which shall transmit certified true copies thereof to all the Parties to the Geneva Conventions. Current to June 20, 2022 Last amended on June 20, 2022 Geneva Conventions ANNEX Third Protocol Emblem(Article 2, paragraph 2, and Article 3, paragraph 1 of the Protocol) ANNEX Third Protocol Emblem (Article 2, paragraph 2, and Article 3, paragraph 1 of the Protocol) Article 1 — Distinctive emblem Article 2 — Indicative use of the third Protocol emblem 2007, c. 26, s. 3. Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION Garnishment, Attachment and Pension Diversion Act R.S.C., 1985, c. G-2 Current to June 20, 2022 Last amended on December 23, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 23, 2020. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on December 23, 2020 TABLE OF PROVISIONS An Act to provide for the garnishment or attachment of Her Majesty in right of Canada, the Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments Short Title 1 Short title PART I Garnishment and Attachment Proceedings Interpretation 2 Definitions Garnishment 3 Garnishment permitted 3.1 Garnishment under Acts of Parliament DIVISION I Departments and Certain Crown Corporations 4 Definitions Garnishment of salaries, remuneration Service binds Her Majesty Where documents must be served on Her Majesty Moneys bound by service of garnishee summons Time period for Her Majesty’s response to a garnishee summons Methods of response Regulations Information to be made available to public Current to June 20, 2022 Last amended on December 23, 2020 ii Garnishment, Attachment and Pension Diversion TABLE OF PROVISIONS DIVISION II Crown Corporations not Covered by Division I 14 Crown corporations DIVISION III Canadian Forces 15 Canadian Forces DIVISION IV Parliamentary Entities 16 Definitions Garnishment of salaries, remuneration Service binding Place of service Moneys bound by service of garnishee summons Time period to respond to garnishee summons Methods of response Regulations Information to be made available to public No execution DIVISION V General 27 Inconsistency between federal and provincial law 27.1 Ranking of Her Majesty 27.2 Priority of garnishee summons No execution against Her Majesty Regulations Prohibition PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Application of Part 31 Application Interpretation 32 Definitions Current to June 20, 2022 Last amended on December 23, 2020 iv Garnishment, Attachment and Pension Diversion TABLE OF PROVISIONS Conditions for Diversion of Pension Benefits 33 Application for diversion Minister to notify recipient where a diversion is to be made Conditions for diversion of pension benefits 35.1 Where pension benefit not immediately payable — Public Service Superannuation Act 35.2 Effect of order 35.3 Provision of information 35.4 Representation Amount of Diversion 36 Rules governing amount of diversion Lump sum financial support order vs. periodic pension benefit Financial support order providing for lump sum and periodic payments vs. periodic pension benefit Periodic financial support order versus lump sum pension benefit Financial support order for lump sum and periodic payments vs. lump sum pension benefit 40.1 Arrears General 40.2 Designation of Minister Application to vary amount being diverted or to terminate diversion Errors in amounts paid Where diversion is less than $10 per month Death of recipient Offence Regulations Information to be made available to the public PART III General Provisions 48 Designation of Minister Current to June 20, 2022 Last amended on December 23, 2020 v Garnishment, Attachment and Pension Diversion TABLE OF PROVISIONS Research Prohibition Offence and punishment SCHEDULE Current to June 20, 2022 Last amended on December 23, 2020 v R.S.C., 1985, c. G-2 An Act to provide for the garnishment or attachment of Her Majesty in right of Canada, the Senate, House of Commons, Library of Parliament, Office of the Senate Ethics Officer, Office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service and Office of the Parliamentary Budget Officer and for the diversion of pension benefits payable by Her Majesty in right of Canada under certain enactments Short Title Short title 1 This Act may be cited as the Garnishment, Attachment and Pension Diversion Act. 1980-81-82-83, c. 100, s. 1. PART I Garnishment and Attachment Proceedings Interpretation Definitions 2 In this Part, debtor, in respect of a garnishee summons, means the person whose salary or remuneration is sought to be garnisheed; (débiteur) garnishment includes attachment; (Version anglaise seulement) Her Majesty means Her Majesty in right of Canada; (Sa Majesté) Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings Interpretation Sections 2-3.1 Minister means the Minister or Ministers designated under section 48; (ministre) order means an agreement relating to maintenance, alimony or support, an order, a judgment or a decision — whether interim or final — that is enforceable in a province; (ordonnance) parliamentary entity means (a) the Senate; (b) the House of Commons; (c) the Library of Parliament; (d) the office of the Senate Ethics Officer; (e) the office of the Conflict of Interest and Ethics Commissioner; (f) the Parliamentary Protective Service; or (g) the office of the Parliamentary Budget Officer; (entité parlementaire) provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale) provincial garnishment law means the law of general application of a province relating to garnishment that is in force at the time in question. (droit provincial en matière de saisie-arrêt) R.S., 1985, c. G-2, s. 2; 1997, c. 1, s. 24; 2019, c. 16, s. 82. Garnishment Garnishment permitted 3 Despite any law preventing the garnishment of Her Majesty or a parliamentary entity, both may be garnisheed under this Part. R.S., 1985, c. G-2, s. 3; 2019, c. 16, s. 83. Garnishment under Acts of Parliament 3.1 For greater certainty, Her Majesty and parliamentary entities are bound by the law relating to garnishment provided under any Act of Parliament. 2019, c. 16, s. 83. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION I Departments and Certain Crown Corporations Sections 4-5 DIVISION I Departments and Certain Crown Corporations Definitions 4 In this Division, department has the meaning assigned by paragraphs (a), (a.1), (b) and (d) of the definition department in section 2 of the Financial Administration Act; (ministère) garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt) pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye) prescribed means prescribed by regulations made under this Division; (prescrit ou réglementaire) salary means (a) in the case of a judge or prothonotary to whom the Judges Act applies, the salary payable under that Act, or (b) in the case of any other person, (i) the basic pay payable to that person for the performance of the regular duties of a position or office, and (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity, excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 12(b). (traitement) R.S., 1985, c. G-2, s. 4; 1992, c. 1, s. 141; 2014, c. 39, s. 331; 2019, c. 16, s. 84. Garnishment of salaries, remuneration 5 Her Majesty is, subject to this Division and any regulation made thereunder, bound by provincial garnishment law in respect of (a) salaries, and Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION I Departments and Certain Crown Corporations Sections 5-8 (b) remuneration as fees, honoraria or other payments of like import, in respect of any office or position or in respect of the performance of any services payable to judges and prothonotaries to whom the Judges Act applies, or payable to any other person, excluding corporations, on behalf of a department or by a Crown corporation prescribed under paragraph 12(c) for the purposes of this Division. R.S., 1985, c. G-2, s. 5; 2014, c. 39, s. 332. Service binds Her Majesty 6 (1) Subject to this Division, service on Her Majesty of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds Her Majesty 15 days after the day on which those documents are served. When service is effective (2) A garnishee summons served on Her Majesty is of no effect unless it is served on Her Majesty in the first 45 days following the first day on which it could have been validly served on Her Majesty. Her Majesty no longer bound (3) The garnishee summons ceases to bind Her Majesty after the periods and in the circumstances specified in the regulations. R.S., 1985, c. G-2, s. 6; 1997, c. 1, s. 25; 2019, c. 16, s. 85. Where documents must be served on Her Majesty 7 (1) Service of documents on Her Majesty in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations. Method of service on Her Majesty (2) In addition to any method of service permitted by the law of a province, service of documents on Her Majesty under subsection (1) may be effected by any prescribed method. (3) [Repealed, 2019, c. 16, s. 86] R.S., 1985, c. G-2, s. 7; 2019, c. 16, s. 86. Moneys bound by service of garnishee summons 8 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons binds Her Majesty in respect of the following money to be paid by Her Majesty to the debtor named in the garnishee summons: (a) in the case of a salary, Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION I Departments and Certain Crown Corporations Sections 8-10 (i) the salary to be paid, no later than the last day of the second pay period following the pay period in which Her Majesty is bound by the garnishee summons, and (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or (b) in the case of remuneration described in paragraph 5(b), (i) the remuneration payable, in respect of the department or Crown corporation named in the application referred to in section 6, on the fifteenth day following the day on which Her Majesty is bound by the garnishee summons, and (ii) either (A) any remuneration becoming payable in respect of that department or Crown corporation in the thirty days following the fifteenth day after the day on which Her Majesty is bound by the garnishee summons that is owing on that fifteenth day or that becomes owing in the fourteen days following that fifteenth day, or (B) where the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable in respect of that department or Crown corporation subsequent to the fifteenth day after the day on which Her Majesty is bound by the garnishee summons. R.S., 1985, c. G-2, s. 8; 1997, c. 1, s. 26; 2019, c. 16, s. 87. 9 [Repealed, 1997, c. 1, s. 26] Time period for Her Majesty’s response to a garnishee summons 10 Her Majesty has the following time period within which to respond to a garnishee summons: (a) in the case of a salary, fifteen days, or such lesser number of days as is prescribed, after the last day of the second pay period next following the pay period in which Her Majesty is bound by the garnishee summons; or (b) in the case of remuneration described in paragraph 5(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnisheed. R.S., 1985, c. G-2, s. 10; 1997, c. 1, s. 27; 2019, c. 16, s. 88(F). Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION I Departments and Certain Crown Corporations Sections 11-12 Methods of response 11 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, Her Majesty may respond to a garnishee summons by any prescribed method. Where response is by registered mail (2) Where Her Majesty responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that Her Majesty has responded to the garnishee summons. Effect of payment into court (3) A payment into court by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment. Effect of payment to provincial enforcement service (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by Her Majesty is a good and sufficient discharge of Her Majesty’s liability, to the extent of the payment. Recovery (4) If, in honouring a garnishee summons, Her Majesty, through error, pays to a debtor by way of salary or remuneration an amount in excess of the amount that Her Majesty should have paid to that debtor, the excess is a debt due to Her Majesty by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration. Recovery from party who instituted proceedings (5) If moneys are paid by Her Majesty to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to Her Majesty by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division. R.S., 1985, c. G-2, s. 11; 1997, c. 1, s. 28; 2019, c. 16, s. 89. Regulations 12 The Governor in Council may, on the recommendation of the Minister, make regulations Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION I Departments and Certain Crown Corporations Sections 12-14 (a) specifying the place where service of documents on Her Majesty must be effected in connection with garnishment proceedings permitted by this Division; (a.1) respecting methods of service of documents and providing for the day on which service of documents on Her Majesty is deemed to be effected; (b) deeming, for the purposes of the definition salary in section 4, any amount to be or to have been excluded from a person’s salary; (b.1) specifying periods and circumstances for the purpose of subsection 6(3); (c) prescribing Crown corporations for the purposes of this Division; and (d) prescribing any other matters that are by this Division to be prescribed. R.S., 1985, c. G-2, s. 12; 2019, c. 16, s. 90. Information to be made available to public 13 The Minister shall cause information on the manner of commencing garnishment proceedings permitted by this Division to be made available throughout Canada in such a manner that the public will have reasonable access thereto. 1980-81-82-83, c. 100, s. 13. DIVISION II Crown Corporations not Covered by Division I Crown corporations 14 (1) Subject to subsection (2), in respect of moneys payable by Crown corporations not prescribed under paragraph 12(c) for the purposes of Division I, Her Majesty is bound by provincial garnishment law. Idem (2) In respect of Crown corporations to which subsection (1) applies that are prescribed under subsection (3) for the purposes of this subsection, Her Majesty is not bound by provincial garnishment law in relation to a “pension benefit” as defined in Part II. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION II Crown Corporations not Covered by Division I Sections 14-16 Regulations (3) The Governor in Council may, on the recommendation of the Minister, make regulations prescribing Crown corporations for the purposes of subsection (2). 1980-81-82-83, c. 100, s. 14. DIVISION III Canadian Forces Canadian Forces 15 In respect of pay and allowances payable to members of the Canadian Forces, Her Majesty is bound by provincial garnishment law to the extent, in the manner, and subject to the terms and conditions that may be provided by or under regulations made under the National Defence Act. R.S., 1985, c. G-2, s. 15; 2019, c. 16, s. 91. DIVISION IV Parliamentary Entities Definitions 16 In this Division, garnishee summons includes any document that is of a similar nature to a garnishee summons, including a court order and a document in respect of maintenance, alimony or support issued by a provincial enforcement service; (bref de saisie-arrêt) pay period means, in respect of any particular person, the period beginning on the day after the day that is the regular pay-day of the person and ending on the day that is their next regular pay-day; (période de paye) prescribed means prescribed by regulations made under this Division; (prescrit ou réglementaire) salary means (a) in the case of a member of the Senate or House of Commons, all moneys payable under the Parliament of Canada Act, the Salaries Act and any appropriation Act, other than moneys not included in computing the member’s income for the purposes of Part I of the Income Tax Act, or (b) in the case of the staff of a parliamentary entity or the staff of members of the Senate or House of Commons, or in the case of any other person paid out of Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION IV Parliamentary Entities Sections 16-18 moneys appropriated by Parliament for use by a parliamentary entity, (i) the basic pay payable to a person for the performance of the regular duties of a position or office, and (ii) any amount payable as allowances, special remuneration, payment for overtime or other compensation or as a gratuity, excluding any amount deemed to be or to have been excluded from that person’s salary pursuant to regulations made under paragraph 24(b). (traitement) R.S., 1985, c. G-2, s. 16; 2004, c. 7, s. 10; 2006, c. 9, s. 10; 2015, c. 36, s. 127; 2017, c. 20, s. 162; 2019, c. 16, s. 93. Garnishment of salaries, remuneration 17 Each parliamentary entity is, subject to this Division and any regulation made under it, bound by provincial garnishment law in respect of (a) salaries; and (b) remuneration to persons, excluding corporations, as fees, honoraria or other payments of like import, in respect of any office or position or in respect of the performance of any services. R.S., 1985, c. G-2, s. 17; 2004, c. 7, s. 11; 2006, c. 9, s. 11; 2015, c. 36, s. 128; 2017, c. 20, s. 163; 2019, c. 16, s. 94. Service binding 18 (1) Subject to this Division, service on a parliamentary entity of a garnishee summons, together with a copy of the order against a debtor and an application in the prescribed form, binds the parliamentary entity, 15 days after the day on which those documents are served. When service is effective (2) A garnishee summons served on the parliamentary entity is of no effect unless it is served in the first 45 days following the first day on which it could have been validly served. Parliamentary entity no longer bound (3) The garnishee summons ceases to bind the parliamentary entity after the periods and in the circumstances specified in the regulations. R.S., 1985, c. G-2, s. 18; 1997, c. 1, s. 29; 2004, c. 7, s. 12; 2006, c. 9, s. 12; 2015, c. 36, s. 129; 2017, c. 20, s. 164; 2019, c. 16, s. 95. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION IV Parliamentary Entities Sections 19-21 Place of service 19 (1) Service of documents on a parliamentary entity in connection with garnishment proceedings permitted by this Division must be effected at the place specified in the regulations. Method of service (2) In addition to any method of service permitted by the law of a province, service of documents under subsection (1) may be effected by any prescribed method. R.S., 1985, c. G-2, s. 19; 2004, c. 7, s. 12; 2006, c. 9, s. 12; 2015, c. 36, s. 130; 2017, c. 20, s. 165; 2019, c. 16, s. 95. 20 [Repealed, 1997, c. 1, s. 30] Moneys bound by service of garnishee summons 21 For the purposes of garnishment proceedings permitted by this Division, service of a garnishee summons is binding in respect of the following money to be paid to the debtor named in the garnishee summons: (a) in the case of a salary, (i) the salary to be paid, no later than the last day of the second pay period following the pay period in which the parliamentary entity is bound by the garnishee summons, and (ii) where the garnishee summons has continuing effect under the law of the province, the salary to be paid on the last day of each subsequent pay period; or (b) in the case of remuneration described in paragraph 17(b), (i) the remuneration payable on the 15th day following the day on which the parliamentary entity is bound by the garnishee summons, and (ii) either (A) any remuneration becoming payable in the 30 days following the 15th day after the day on which the parliamentary entity is bound by the garnishee summons that is owing on that 15th day or that becomes owing in the 14 days following that 15th day, or (B) if the garnishee summons has continuing effect under the law of the province, any remuneration becoming payable subsequent to the 15th Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION IV Parliamentary Entities Sections 21-23 day after the day on which the parliamentary entity is bound by the garnishee summons. R.S., 1985, c. G-2, s. 21; 1997, c. 1, s. 30; 2004, c. 7, s. 13; 2006, c. 9, s. 13; 2015, c. 36, s. 131; 2017, c. 20, s. 166; 2019, c. 16, s. 96. Time period to respond to garnishee summons 22 The parliamentary entity has the following time period within which to respond to a garnishee summons: (a) in the case of a salary, 15 days, or any lesser number of days that is prescribed, after the last day of the second pay period next following the pay period in which the parliamentary entity is bound by the garnishee summons; or (b) in the case of remuneration described in paragraph 17(b), fifteen days, or such lesser number of days as is prescribed, after the day on which the remuneration is garnisheed. R.S., 1985, c. G-2, s. 22; 1997, c. 1, s. 30; 2004, c. 7, s. 14; 2006, c. 9, s. 14; 2015, c. 36, s. 132; 2017, c. 20, s. 167; 2019, c. 16, s. 97. Methods of response 23 (1) In addition to any method of responding to a garnishee summons permitted by provincial garnishment law, the parliamentary entity may respond to a garnishee summons by any prescribed method. Response by registered mail (2) If the parliamentary entity responds to a garnishee summons by registered mail, the receipt issued in accordance with regulations relating to registered mail made under the Canada Post Corporation Act shall be received in evidence and is, unless the contrary is shown, proof that the entity has responded to the garnishee summons. Effect of payment into court (3) A payment into court by the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment. Effect of payment to provincial enforcement service (3.1) If provincial garnishment law permits a payment to a provincial enforcement service of the province, a payment to the provincial enforcement service by the parliamentary entity is a good and sufficient discharge of its liability, to the extent of the payment. Recovery (4) If, in honouring a garnishee summons, a parliamentary entity, through error, pays to a debtor by way of Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION IV Parliamentary Entities Sections 23-25 salary or remuneration an amount in excess of the amount that it should have paid to that debtor, the excess is a debt due to the entity by that debtor and may be recovered from the debtor by way of deduction from, or set-off or compensation against, future moneys payable to the debtor as salary or remuneration. Recovery from party who instituted proceedings (5) If moneys are paid by a parliamentary entity to or for the benefit of a party who instituted garnishment proceedings permitted by this Division in excess of the amount that should be paid to or for the benefit of that party, the excess is a debt due to the entity by that party and may be recovered from the party by way of deduction from, or set-off or compensation against, moneys payable to or for the benefit of that party under this Division. R.S., 1985, c. G-2, s. 23; 1997, c. 1, s. 31; 2004, c. 7, s. 15; 2006, c. 9, s. 15; 2015, c. 36, s. 133; 2017, c. 20, s. 168; 2019, c. 16, s. 98. Regulations 24 The Governor in Council may, on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations (a) specifying the place where service of documents on the parliamentary entities must be effected in connection with garnishment proceedings permitted by this Division; (a.1) respecting methods of service of documents and providing for the day on which service of documents on the parliamentary entities is deemed to be effected; (b) deeming, for the purposes of the definition salary in section 16, any amount to be or to have been excluded from a person’s salary; (b.1) specifying periods and circumstances for the purpose of subsection 18(3); and (c) prescribing any other matters that are by this Division to be prescribed. R.S., 1985, c. G-2, s. 24; 2004, c. 7, s. 16; 2006, c. 9, s. 16; 2015, c. 36, s. 134; 2017, c. 20, s. 169; 2019, c. 16, s. 99. Information to be made available to public 25 The Speaker of the Senate and the Speaker of the House of Commons shall cause information on the manner of commencing garnishment proceedings permitted by this Division to be made available throughout Canada in such a manner that the public will have reasonable access thereto. 1980-81-82-83, c. 171, s. 5. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION IV Parliamentary Entities Sections 26-28 No execution 26 No execution shall issue on an order made against a parliamentary entity in garnishment proceedings permitted by this Part. R.S., 1985, c. G-2, s. 26; 2004, c. 7, s. 17; 2006, c. 9, s. 17; 2015, c. 36, s. 135; 2017, c. 20, s. 170; 2019, c. 16, s. 100. DIVISION V General Inconsistency between federal and provincial law 27 In the event of any inconsistency between this Part, any other Act of Parliament or a regulation made under this Part or under any other Act of Parliament, and the provincial garnishment law, the provincial garnishment law is overridden to the extent of the inconsistency. 1980-81-82-83, c. 100, s. 17. Ranking of Her Majesty 27.1 Her Majesty ranks in priority over the party that instituted the garnishment proceedings permitted under this Part with respect to any moneys that are payable to the debtor even though a garnishee summons in respect of those moneys has been served on Her Majesty or a parliamentary entity and the amount of the indebtedness may be recovered or retained in any manner authorized by law when a debtor is indebted (a) to Her Majesty; or (b) to Her Majesty in right of a province on account of taxes payable to any province and an agreement exists between Canada and the province under which Canada is authorized to collect the tax on the province’s behalf. 2019, c. 16, s. 101. Priority of garnishee summons 27.2 Subject to section 27.1, in the application of this Part, a garnishee summons for a maintenance, alimony or support obligation shall be honoured before any other garnishee summons. 2019, c. 16, s. 101. No execution against Her Majesty 28 No execution shall issue on an order made against Her Majesty in garnishment proceedings permitted by this Part. R.S., 1985, c. G-2, s. 28; 2019, c. 16, s. 101. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART I Garnishment and Attachment Proceedings DIVISION V General Sections 29-32 Regulations 29 The Governor in Council may, (a) on the recommendation of the Minister, make regulations generally for carrying out the purposes and provisions of Divisions I, II and III; and (b) on the recommendation of the Minister, made after consultation between the Minister and the Speaker of the Senate and the Speaker of the House of Commons, make regulations generally for carrying out the purposes and provisions of Division IV. 1980-81-82-83, c. 100, s. 19, c. 171, s. 7. Prohibition 30 No employee shall be dismissed, suspended or laid off solely on the ground that garnishment proceedings permitted by this Part may be or have been taken with respect to that employee. R.S., 1985, c. G-2, s. 30; 2019, c. 16, s. 102(E). PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Application of Part Application 31 This Part applies only in respect of the enforcement of financial support orders against pension benefits that are payable under the enactments listed in the schedule. R.S., 1985, c. G-2, s. 31; 2019, c. 16, s. 104. Interpretation Definitions 32 (1) In this Part, applicant means a person by or on behalf of whom an application is made to the Minister for a diversion of a pension benefit under this Part; (requérant) application [Repealed, 2019, c. 16, s. 105] financial support order means, subject to subsection (2), an order, judgment, decision or agreement for maintenance, alimony or support — whether interim or final Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Interpretation Section 32 — that is enforceable in a province; (ordonnance de soutien financier) Her Majesty means Her Majesty in right of Canada; (Sa Majesté) Minister means the Minister or Ministers designated under section 40.2; (ministre) net pension benefit means a pension benefit minus the prescribed deductions; (prestation nette de pension) pension benefit means (a) any of the following benefits payable under an enactment that is listed in the schedule: (i) a pension, (ii) an annual allowance, (iii) an annuity, (iv) a lump sum return of pension contributions, including interest, if any, (v) a gratuity, (vi) a cash termination allowance, (vii) a withdrawal allowance, including interest, if any, (viii) a transfer value, or (ix) a bridge benefit, and (b) any benefit payable under the Supplementary Retirement Benefits Act or the Public Service Pension Adjustment Act, chapter P-33 of the Revised Statutes of Canada, 1970, in respect of a pension, annual allowance or annuity referred to in paragraph (a); (prestation de pension) prescribed means prescribed by regulation made under this Part; (prescrit ou réglementaire) provincial enforcement service has the same meaning as in section 2 of the Family Orders and Agreements Enforcement Assistance Act; (autorité provinciale) recipient means (a) in respect of a benefit referred to in any of subparagraphs (a)(i) to (vii) of the definition pension benefit, a child or other person to whom the benefit is immediately payable, but does not include a child or Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Interpretation Sections 32-33 other person whose entitlement to the benefit is based on their status as a survivor of the person who was originally entitled to the benefit or would have been entitled to it had death not intervened, or (b) in respect of a benefit referred to in subparagraph (a)(viii) or (ix) of the definition pension benefit, a person who is entitled to the benefit. (prestataire) Financial support order (2) For the purposes of this Part, the Minister shall disregard a component of a financial support order the dollar value of which cannot be readily ascertained from the financial support order itself or from the Minister’s records relating to the recipient’s pension benefit. Interpretation of the provincial law (3) With respect to the expression “the law of that province” in paragraphs 36(c) and (e), where the law of the province refers to the percentage or the maximum percentage of a pension that is to be or may be garnisheed, attached or diverted, the reference to “pension”, or equivalent expression, in the law of the province shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section. Interpretation of financial support orders (4) Where a financial support order is expressed in terms of a percentage of a recipient’s pension, the reference to “pension”, or equivalent expression, in the financial support order shall be construed, for the purpose of this Part, to mean “net pension benefit” as defined in this section. R.S., 1985, c. G-2, s. 32; R.S., 1985, c. 3 (2nd Supp.), s. 29; 1997, c. 1, s. 32; 2000, c. 12, s. 120; 2019, c. 16, s. 105. Conditions for Diversion of Pension Benefits Application for diversion 33 (1) Subject to this Part and the regulations, a person named in a financial support order may make an application to the Minister for diversion of a pension benefit payable to a recipient if (a) the order is valid and subsisting; and Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Conditions for Diversion of Pension Benefits Sections 33-34 (b) the person against whom the order has been made is a recipient. Representation (2) The application may be made, in accordance with the regulations, on behalf of a person by any other person or by a provincial enforcement service. Contents of application (2.1) The application must contain the prescribed information and be accompanied by the prescribed documents. Arrears of maintenance, alimony or support (2.2) A provincial enforcement service may, in respect of an application referred to in subsection (1), submit a document to the Minister that sets out a recipient’s arrears of maintenance, alimony or support and any prescribed information. Diversion of pension benefits (3) The Minister shall, not later than the first day of the fourth month after the month in which the Minister receives the duly completed application, divert an amount or amounts computed in accordance with sections 36 to 40 and the regulations from any net pension benefit that is payable to the recipient named in the application, and any amount so diverted shall be paid, subject to subsection (4), to the applicant, to any other person designated for that purpose in the financial support order or to a provincial enforcement service if the law of the province permits payment to it. Where applicant under 18 years of age (4) Where, pursuant to this section, a diverted amount is to be paid to an applicant who is under eighteen years of age, payment thereof shall instead be made to the person having the custody and control of that applicant or, where there is no person having custody and control of that applicant, to such person as the Minister may direct. R.S., 1985, c. G-2, s. 33; 2000, c. 12, s. 121; 2019, c. 16, s. 106. Minister to notify recipient where a diversion is to be made 34 (1) Forthwith after receiving a duly completed application, the Minister shall cause a written notification, containing the prescribed information, to be sent in prescribed manner to the recipient named in the application, at the recipient’s latest known address, advising that an application for diversion of the recipient’s pension benefit has been received and that a diversion will be made in accordance with this Part. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Conditions for Diversion of Pension Benefits Sections 34-35.1 Recipient deemed to have received notification (2) The notification required under subsection (1) shall be deemed to have been received by the recipient one month after it has been sent to the recipient. 1980-81-82-83, c. 100, s. 24. Conditions for diversion of pension benefits 35 No diversion of pension benefits under this Part shall be made unless the amount to be diverted is at least (a) twenty-five dollars per annum, in the case of periodic diversion payments; or (b) twenty-five dollars, in the case of a lump sum diversion payment. R.S., 1985, c. G-2, s. 35; 1997, c. 1, s. 33. Where pension benefit not immediately payable — Public Service Superannuation Act 35.1 (1) Where a person against whom there is a valid and subsisting financial support order (a) has ceased to be employed in the public service, (b) is not a recipient but has exercised an option for a deferred annuity under any of sections 12 to 13.001 of the Public Service Superannuation Act or is entitled to do so, and (c) has reached 50 years of age but has not yet reached 60 years of age, if the person has exercised an option under section 12 or 13 of the Public Service Superannuation Act or is entitled to do so, or has reached 55 years of age but has not yet reached 65 years of age, if the person has exercised an option under section 12.1 or 13.001 of that Act or is entitled to do so, a person entitled to support under the financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order. Pension benefit not immediately payable — Canadian Forces (1.1) A person who is entitled to support under a valid and subsisting financial support order may apply for an order under subsection (2) to any court in Canada that has jurisdiction to make a financial support order if the person against whom the financial support order is made Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Conditions for Diversion of Pension Benefits Sections 35.1-35.3 (a) has ceased to be required to make contributions under section 5 of the Canadian Forces Superannuation Act or has ceased to be a participant under subsection 5(1) of the Reserve Force Pension Plan Regulations; (b) is not a recipient and is entitled to a deferred annuity under section 17 of the Canadian Forces Superannuation Act or subsection 44(1) of the Reserve Force Pension Plan Regulations; and (c) has reached 50 years of age but has not yet reached 60 years of age. Order (2) A court to which an application is made under subsection (1) or (1.1) may make an order deeming the person against whom there is a valid and subsisting financial support order to have exercised an option under any of sections 12 to 13.001 of the Public Service Superannuation Act, section 18 of the Canadian Forces Superannuation Act or section 45 of the Reserve Force Pension Plan Regulations in favour of an annual allowance payable as of the date of the making of the order under this subsection if the court is satisfied that (a) there is an extended pattern of non-payment of the financial support order; and (b) the person making the application has taken reasonable steps to enforce the financial support order through other means. 1997, c. 1, s. 33; 2003, c. 22, s. 225(E); 2012, c. 31, s. 502; 2019, c. 16, s. 107. Effect of order 35.2 An order made under subsection 35.1(2) shall be deemed for all purposes to have the same effect as if the person to whom the order relates had exercised the option referred to in the order. 1997, c. 1, s. 33. Provision of information 35.3 On application by a person who is entitled to support under a valid and subsisting financial support order, the Minister shall, in accordance with the regulations, provide the person with the prescribed information concerning any matter related to the making of an application under section 35.1. 1997, c. 1, s. 33; 2019, c. 16, s. 108. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Conditions for Diversion of Pension Benefits Sections 35.4-36 Representation 35.4 An application under section 35.1 or 35.3 may be made on behalf of a person by any other person or by a provincial enforcement service. 1997, c. 1, s. 33; 2019, c. 16, s. 108. Amount of Diversion Rules governing amount of diversion 36 Where (a) a financial support order provides only for periodic payments and the recipient’s pension benefit consists only of periodic payments, or (b) a financial support order provides only for a lump sum payment and the recipient’s pension benefit consists only of a lump sum payment, the amount to be diverted from the recipient’s net pension benefit shall be governed by the following rules: (c) if the recipient is domiciled in Canada and habitually resident in a province in which there is in force a law of general application permitting garnishment, attachment or diversion of pensions for the enforcement of financial support orders, the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment, (d) if the recipient is domiciled in Canada and habitually resident elsewhere than in a province described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit, (e) if the recipient is domiciled outside Canada and the applicant is habitually resident in a province described in paragraph (c), the amount to be diverted shall be determined in accordance with the law of that province in force at the time of the diversion payment, (f) if the recipient is domiciled outside Canada and the applicant is habitually resident in a province other than one described in paragraph (c), the amount to be diverted shall be the amount required to satisfy the financial support order, up to a maximum of 50% of the recipient’s net pension benefit, or (g) if the recipient and the applicant are domiciled outside Canada and are habitually resident outside Canada, the amount to be diverted shall be the amount required to satisfy the financial support order, Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Amount of Diversion Sections 36-37 up to a maximum of 50% of the recipient’s net pension benefit. R.S., 1985, c. G-2, s. 36; 1997, c. 1, s. 34; 2019, c. 16, s. 109(E). Lump sum financial support order vs. periodic pension benefit 37 (1) Where a financial support order provides only for a lump sum payment and the recipient’s pension benefit consists only of periodic payments, no diversion shall be made, except as provided in subsection (2). Circumstances in which diversion shall be made (2) Where the Minister is of the opinion that it is impossible or impracticable for a financial support order described in subsection (1) to be varied to stipulate periodic payments and the Minister has so notified the applicant and the recipient, a diversion shall be made in the amount of fifty per cent of the recipient’s monthly net pension benefit, subject to subsection (3), until (a) the financial support order has been satisfied in full by the diversion; or (b) the Minister is satisfied, on receipt of evidence submitted by the applicant or recipient, that the financial support order has been satisfied in full by other means or is no longer valid and subsisting. Filing of annual statement (3) Where a diversion described in subsection (2) is made, the applicant must file annually with the Minister, within the prescribed time, a written statement respecting the applicant’s continued entitlement to the diversion, containing the prescribed information, signed by the applicant and witnessed by a person of a prescribed category. Where subsection (3) not complied with (4) Where subsection (3) is not complied with, the diversion shall be terminated as of the first day of the month following the expiration of the time prescribed under subsection (3), without prejudice to the applicant’s right to re-apply under this Part. R.S., 1985, c. G-2, s. 37; 2019, c. 16, s. 110(F). Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Amount of Diversion Sections 38-39 Financial support order providing for lump sum and periodic payments vs. periodic pension benefit 38 Where a financial support order provides for a lump sum payment and for periodic payments and the recipient’s pension benefit consists only of periodic payments, the two components of the financial support order shall be treated as follows: (a) the periodic component of the financial support order shall be dealt with in accordance with the rules in paragraphs 36(c) to (g); and (b) where (i) the amount diverted pursuant to paragraph (a) is less than fifty per cent of the recipient’s net pension benefit, and (ii) the maximum that could be diverted pursuant to paragraph (a) as a result of the application of the rules in paragraphs 36(c) to (g) exceeds the amount actually diverted pursuant to paragraph (a), then, in respect of the excess referred to in subparagraph (ii), section 37 applies, with such modifications as the circumstances require, to the lump sum component of the financial support order, but the application of that section may not raise the total diversion under this Part to more than fifty per cent of the recipient’s net pension benefit. R.S., 1985, c. G-2, s. 38; 1997, c. 1, s. 35. Periodic financial support order versus lump sum pension benefit 39 (1) If a financial support order provides only for periodic payments and the recipient’s pension benefit consists only of a lump sum, the Minister shall, immediately after receiving a duly completed application, (a) take all reasonable steps to cause payment to the recipient of any portion of the recipient’s pension benefit that could be subject to diversion as a result of the application of the rules in paragraphs 36(c) to (g) to be delayed, in accordance with this section; and (b) cause the applicant to be notified in accordance with the regulations that, unless the financial support order is varied in accordance with this section, it will be treated as a financial support order for a lump sum payment of an amount equal to one periodic payment under the original financial support order. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Amount of Diversion Sections 39-40 Applicant must seek variation of financial support order (2) Where, within thirty days of receipt by the applicant of the notification referred to in paragraph (1)(b), the Minister is satisfied, on receipt of evidence submitted by the applicant, that the applicant has applied to court for variation of the financial support order to one providing in whole or in part for a lump sum payment, the Minister shall cause payment of the pension benefit to the recipient to be further delayed for a further period not exceeding ninety days. (3) [Repealed, 2019, c. 16, s. 111] Where condition not satisfied (4) Where the evidence referred to in subsection (2) is not received by the Minister within the period mentioned in that subsection, the Minister shall forthwith treat the application for diversion as an application based on a financial support order for the payment of a lump sum equal to the amount of one periodic payment under the original financial support order. Applicant must submit varied financial support order to Minister (5) If, within 90 days after receiving the evidence referred to in subsection (2), the Minister receives a copy of a varied financial support order providing in whole or in part for a lump sum payment, the Minister shall proceed with the application for diversion in accordance with this Part. If condition not satisfied (6) If a copy of the varied financial support order referred to in subsection (5) is not received by the Minister within the period mentioned in that subsection, the Minister shall treat the application for diversion as an application based on a financial support order for the payment of a lump sum equal to the amount of one periodic payment under the original financial support order. R.S., 1985, c. G-2, s. 39; 1997, c. 1, s. 36; 2019, c. 16, s. 111. Financial support order for lump sum and periodic payments vs. lump sum pension benefit 40 Where a financial support order provides for a lump sum payment and periodic payments and the recipient’s pension benefit consists only of a lump sum, the two components of the financial support order shall be treated as follows: (a) the lump sum component of the financial support order shall be dealt with in accordance with the rules in paragraphs 36(c) to (g); and Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders Amount of Diversion Sections 40-42 (b) where the maximum that could be diverted pursuant to paragraph (a) as a result of the application of the rules in paragraphs 36(c) to (g) exceeds the amount actually diverted pursuant to paragraph (a), then, in respect of that excess, section 39 applies, with such modifications as the circumstances require, to the periodic component of the financial support order. R.S., 1985, c. G-2, s. 40; 1997, c. 1, s. 37. Arrears 40.1 In the case of a financial support order that is an order or judgment for arrears of payments, despite paragraph 36(d), (f) or (g), subsection 37(2) or section 38, 39 or 40, the amount to be diverted may exceed 50% of the recipient’s net pension benefit. 1997, c. 1, s. 38; 2019, c. 16, s. 112. General Designation of Minister 40.2 The Governor in Council may, by order, designate one or more federal ministers as the Minister or Ministers for the purposes of any provision of this Part and the enactments set out in items 12 and 16 of the schedule. 2019, c. 16, s. 113. Application to vary amount being diverted or to terminate diversion 41 (1) When a diversion is being carried out, either the applicant or the recipient may at any time apply to the Minister, in accordance with the regulations, for a variation in the amount being diverted or for termination of the diversion. When variation or termination effective (2) Despite a recipient’s entitlement under an enactment listed in the schedule, the variation or termination of a diversion is effective only as of the first day of the month after the month in which the Minister receives the duly completed application for variation or termination, as the case may be. R.S., 1985, c. G-2, s. 41; 2019, c. 16, s. 113. Errors in amounts paid 42 (1) Where a diversion payment made to an applicant is less than the amount that should have been paid to the applicant pursuant to this Part, the amount of the deficiency (a) to the extent that it was in error paid to the recipient, is a debt due to Her Majesty by the recipient, and Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders General Sections 42-46 may be recovered from the recipient by way of deduction from, or set-off or compensation against, future pension benefits to be paid to the recipient; and (b) to the extent that it was in error retained by Her Majesty, becomes a debt due to the applicant by Her Majesty. Recovery (2) If a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant under this Part, the amount of the excess is a debt due to Her Majesty by the applicant and may be recovered from the applicant by way of deduction from, or set-off or compensation against, future diversion payments to be paid to the applicant under this Part. R.S., 1985, c. G-2, s. 42; 2019, c. 16, s. 114. Where diversion is less than $10 per month 43 Where periodic diversion payments under this Part are less than ten dollars per month, the Minister may direct that they be paid in arrears, in equal instalments, either quarterly, semi-annually or annually. 1980-81-82-83, c. 100, s. 33. Death of recipient 44 Periodic diversion payments shall terminate at the end of the month in which the recipient dies. 1980-81-82-83, c. 100, s. 34. Offence 45 Every person who makes a false or misleading representation to the Minister in any application or other proceeding under this Part is guilty of an offence punishable on summary conviction. 1980-81-82-83, c. 100, s. 35. Regulations 46 The Governor in Council may, on the recommendation of the Minister, make regulations (a) respecting the making of applications on behalf of a person by another person or by a provincial enforcement service under section 33, and respecting the payment of diverted amounts to a person for the benefit of another person or to a provincial enforcement service; (a.1) respecting documents which must accompany an application made under section 33, which documents may vary according to the applicant and the circumstances specified in the regulations; Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART II Diversion of Pension Benefits to Satisfy Financial Support Orders General Sections 46-49 (a.2) respecting the submission of the document referred to in subsection 33(2.2); (b) respecting the amount or amounts to be diverted from a recipient’s net pension benefit, and respecting the procedure to be followed in any situation not dealt with in sections 36 to 40; (b.1) respecting the provision of information for the purposes of section 35.3; (b.2) respecting methods of notification for the purpose of section 39 and providing for the day on which notification is deemed to be effected for the purpose of that section; (b.3) prescribing the circumstances in which a copy of the financial support order referred to in subsection 39(5) is to be certified; (c) respecting the grounds for, and the procedure relating to applications for, variations in the amount being diverted or for termination of a diversion; (d) prescribing anything that by this Part is to be prescribed; and (e) generally for carrying out the purposes and provisions of this Part. R.S., 1985, c. G-2, s. 46; 1997, c. 1, s. 39; 2019, c. 16, s. 115. Information to be made available to the public 47 The Minister shall cause information on the manner of applying for a diversion under this Part to be made available throughout Canada in such a manner that the public will have reasonable access thereto. 1980-81-82-83, c. 100, s. 37. PART III General Provisions Designation of Minister 48 The Governor in Council may, by order, designate one or more federal ministers as the Minister or Ministers for the purposes of any provision of this Part or Part I. 2019, c. 16, s. 116. Research 49 (1) The Minister may undertake research related to matters governed by this Act. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion PART III General Provisions Sections 49-51 Agreement to collect information (2) The Minister shall not collect information for the purpose of subsection (1) from a parliamentary entity unless the Minister entered into an agreement to do so with the entity in question. Parliamentary entity (3) For the purpose of this section, parliamentary entity has the same meaning as in section 2. 2019, c. 16, s. 116. Prohibition 50 An officer or employee of, or person who is hired on a contractual basis by, Her Majesty in right of Canada or a parliamentary entity who obtains personal information, as defined in section 3 of the Privacy Act, under this Act shall not, except in performing their duties under this Act or if so authorized under another Act of Parliament, knowingly communicate the information or allow it to be communicated to any person, or knowingly allow any person to inspect or have access to any statement or other writing containing the information. 2019, c. 16, s. 116. Offence and punishment 51 Every person who contravenes section 50 is guilty of an offence and liable on summary conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding six months, or to both. 2019, c. 16, s. 116. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion SCHEDULE SCHEDULE (Section 31, subsection 32(1), section 40.2 and subsection 41(2)) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Governor General’s Act. Lieutenant Governors’ Superannuation Act. Members of Parliament Retiring Allowances Act. Judges Act. Diplomatic Service (Special) Superannuation Act. Public Service Superannuation Act. Civil Service Superannuation Act. Canadian Forces Superannuation Act. Defence Services Pension Continuation Act, R.S.C. 1970, c. D-3. Royal Canadian Mounted Police Superannuation Act, Parts I and III. Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, Parts II and III. Regulations made by the Governor in Council or the Treasury Board that, in the opinion of the Minister, provide for the payment out of the Consolidated Revenue Fund of a pension to be charged to the Public Service Superannuation Account that is calculated on the basis of length of service of the person to or in respect of whom it was granted or is payable. [Repealed, 2019, c. 16, s. 119] War Veterans Allowance Act, subsection 28(10). Regulations made under Vote 181 of Appropriation Act No. 5, 1961. An appropriation Act of Parliament that, in the opinion of the Minister, provides for the payment of a pension calculated on the basis of length of service of the person to or in respect of whom it was granted or is payable. Tax Court of Canada Act. Special Retirement Arrangements Act. R.S., 1985, c. G-2, Sch.; 1997, c. 1, s. 40; 2019, c. 16, s. 117; 2019, c. 16, s. 118; 2019, c. 16, s. 119. Current to June 20, 2022 Last amended on December 23, 2020 Garnishment, Attachment and Pension Diversion RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 16, s. 121 Garnishment, Attachment and Pension Diversion Act — garnishee summons 121 Subsections 6(2) and 18(2) of the Garnishment, Attachment and Pension Diversion Act (“other Act”), as they read immediately before the day on which section 85 of this Act comes into force, apply to a garnishee summons served under the other Act before that day. Current to June 20, 2022 Last amended on December 23, 2020

CONSOLIDATION Government Employees Compensation Act R.S.C., 1985, c. G-5 Current to June 20, 2022 Last amended on September 21, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 September 21, 2017 TABLE OF PROVISIONS An Act respecting compensation for Government employees Short Title 1 Short title Interpretation 2 Definitions Application 3 Persons excluded Compensation 4 Persons eligible for compensation Yukon and Northwest Territories Person employed outside Canada Contributions to workmen’s compensation fund in certain cases Regulations re compensation for disability or death Claims Against Third Parties and Compensation 9 Election of claims 9.1 Application — prescribed corporation or other body 9.2 Application — other employers Parent, etc., may elect Notice of election No Other Claims Against Crown 12 No claim against Her Majesty 12.1 Acts or omissions by corporation or other body General 13 Regulations Employer contribution Current to June 20, 2022 Last amended on September 21, 2017 ii Government Employees Compensation TABLE OF PROVISIONS Death of employee at place other than that of employment Accident prevention activities and safety program Current to June 20, 2022 Last amended on September 21, 2017 iv R.S.C., 1985, c. G-5 An Act respecting compensation Government employees for Short Title Short title 1 This Act may be cited as the Government Employees Compensation Act. R.S., c. G-8, s. 1. Interpretation Definitions 2 In this Act, accident includes a wilful and an intentional act, not being the act of the employee, and a fortuitous event occasioned by a physical or natural cause; (accident) common-law partner, in relation to an employee, means a person who was, immediately before the employee’s death, cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait) compensation includes medical and hospital expenses and any other benefits, expenses or allowances that are authorized by the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen; (indemnité) dependant, in relation to an employee, includes (a) a common-law partner of the employee, and (b) a person who was cohabiting with the employee immediately before the employee’s death and is a parent of the employee’s child; (personne à charge) employee means Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Interpretation Sections 2-3 (a) any person in the service of Her Majesty who is paid a direct wage or salary by or on behalf of Her Majesty, (b) any member, officer or employee of any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act, (c) any person who, for the purpose of obtaining employment in any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, is taking a training course that is approved by the Minister for that person, (d) any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence without pay and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; (agents de l’État) Her Majesty means Her Majesty in right of Canada; (Sa Majesté) industrial disease means any disease in respect of which compensation is payable under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen; (maladie professionnelle) Minister means the Minister of Labour. (ministre) R.S., 1985, c. G-5, s. 2; 2000, c. 12, s. 125; 2004, c. 7, s. 18; 2006, c. 9, s. 18; 2012, c. 19, s. 420(E); 2015, c. 36, s. 136; 2017, c. 20, s. 171. Application Persons excluded 3 (1) This Act does not apply to any person who is a member of the regular force of the Canadian Forces or of the Royal Canadian Mounted Police. Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Application Sections 3-4 Application (2) This Act applies in respect of an accident occurring or a disease contracted within or outside Canada. R.S., c. G-8, s. 2. Compensation Persons eligible for compensation 4 (1) Subject to this Act, compensation shall be paid to (a) an employee who (i) is caused personal injury by an accident arising out of and in the course of his employment, or (ii) is disabled by reason of an industrial disease due to the nature of the employment; and (b) the dependants of an employee whose death results from such an accident or industrial disease. Rate of compensation and conditions (2) The employee or the dependants referred to in subsection (1) are, notwithstanding the nature or class of the employment, entitled to receive compensation at the same rate and under the same conditions as are provided under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen, employed by persons other than Her Majesty, who (a) are caused personal injuries in that province by accidents arising out of and in the course of their employment; or (b) are disabled in that province by reason of industrial diseases due to the nature of their employment. Determination of compensation (3) Compensation under subsection (1) shall be determined by (a) the same board, officers or authority as is or are established by the law of the province for determining compensation for workmen and dependants of deceased workmen employed by persons other than Her Majesty; or (b) such other board, officers or authority, or such court, as the Governor in Council may direct. (4) [Repealed, 1996, c. 10, s. 229.3] Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Compensation Sections 4-5 Payable to persons determined by awarding authority (5) Any compensation awarded to an employee or the dependants of a deceased employee by a board, officer, authority or court, under the authority of this Act, shall be paid to the employee or dependants or to such person as the board, officer, authority or court may direct, and the board, officer, authority or court has the same jurisdiction to award costs as is conferred in cases between private parties by the law of the province where the employee is usually employed. Compensation, etc., payable out of C.R.F. (6) There may be paid out of the Consolidated Revenue Fund, (a) any compensation or costs awarded under this Act; (b) to the board, officers, authority or court authorized by the law of any province or under this Act to determine compensation cases, such amount as an accountable advance in respect of compensation or costs that may be awarded under this Act as, in the opinion of the Treasury Board, is expedient; (c) in any province where the general expenses of maintaining the board, officers, authority or court are paid by the province or by contributions from employers, or by both, such portion of the contributions as, in the opinion of the Treasury Board, is fair and reasonable; (d) in any province where the board, officers or authority may make expenditures to aid in getting injured workmen back to work or removing any handicap resulting from their injuries, such portion of those expenditures as, in the opinion of the Treasury Board, is fair and reasonable; and (e) to the board, officers, authority or court, such amount as an accountable advance in respect of any expenses or expenditures that may be paid under paragraph (c) or (d) as, in the opinion of the Treasury Board, is expedient. R.S., 1985, c. G-5, s. 4; 1996, c. 10, s. 229.3; 2015, c. 3, s. 99(F). Yukon and Northwest Territories 5 (1) Where an employee is usually employed in Yukon or the Northwest Territories, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta. Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Compensation Sections 5-8 Nunavut (2) Where an employee is usually employed in Nunavut, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta. R.S., 1985, c. G-5, s. 5; 1993, c. 28, s. 78; 2002, c. 7, s. 174. Person employed outside Canada 6 Where an employee, other than a person locally engaged outside Canada, is usually employed outside Canada, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Ontario. R.S., c. G-8, s. 5. Contributions to workmen’s compensation fund in certain cases 7 (1) Where an employee locally engaged outside Canada is usually employed in a place where under the law respecting compensation to workmen and the dependants of deceased workmen payments are made to a fund out of which compensation is paid to workmen and the dependants of deceased workmen, there may, with the approval of the Treasury Board, be paid to that fund, out of the Consolidated Revenue Fund, such payments in respect of that employee as may be deemed necessary by the Minister. Compensation to employee or dependants in special cases (2) The Minister may, with the approval of the Treasury Board, award compensation in such amount and in such manner as he deems fit to (a) an employee locally engaged outside Canada who (i) is caused personal injury by an accident arising out of and in the course of his employment, or (ii) is disabled by reason of any disease that is due to the nature of the employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted, and (b) the dependants of such an employee whose death results from such an accident or disease, and who are not otherwise entitled to compensation under any law respecting compensation to workmen and the dependants of deceased workmen. R.S., c. G-8, s. 6. Regulations re compensation for disability or death 8 (1) The Governor in Council may make regulations prescribing the conditions under which compensation is Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Compensation Sections 8-9.1 to be payable, the amount of compensation payable and the manner in which the compensation is to be determined, in respect of (a) any employee who is disabled or whose death is caused by reason of any disease that is not an industrial disease but is due to the nature of his employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted; or (b) any employee, other than an employee engaged locally outside Canada, who is disabled or whose death is caused by reason of any disease that results from the environmental conditions of any place outside Canada to which the employee was assigned. Award according to regulations (2) Compensation shall be awarded to an employee, or the dependants of a deceased employee, referred to in subsection (1) in accordance with the regulations. R.S., c. G-8, s. 7. Claims Against Third Parties and Compensation Election of claims 9 (1) If an accident happens to an employee in the course of their employment under any circumstances that entitle the employee or their dependants to an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party. Election is final (2) The election made by the employee or their dependants is final. R.S., 1985, c. G-5, s. 9; 1999, c. 35, s. 12; 2012, c. 19, s. 421. Application — prescribed corporation or other body 9.1 (1) Subsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b). Entitlement to difference as compensation (2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the employer or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Claims Against Third Parties and Compensation Sections 9.1-9.2 claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants. Subrogation (3) If the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants. Portion of excess payable to employee (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer may pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation. 2012, c. 19, s. 421. Application — other employers 9.2 (1) Subsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b). Entitlement to difference as compensation (2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants. Subrogation (3) If the employee or their dependants elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action in the name of the employee or their dependants or of Her Majesty against the Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation Claims Against Third Parties and Compensation Sections 9.2-12.1 third party and any sum recovered shall be paid into the Consolidated Revenue Fund. Portion of excess payable to employee (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation. 2012, c. 19, s. 421. Parent, etc., may elect 10 In the case of a child, the parent, or a person who stands in the place of a parent, may make an election under section 9 for that child. R.S., 1985, c. G-5, s. 10; 2000, c. 12, s. 126. Notice of election 11 Notice of an election under section 9 shall be given within three months after the happening of the accident, or, in the case of an accident resulting in death, within three months after the death, or within such longer period as may be allowed either before or after the expiration of the three months by the board, officers, authority or court having power to determine the right to and the amount of the compensation under this Act. R.S., c. G-8, s. 8. No Other Claims Against Crown No claim against Her Majesty 12 Where an accident happens to an employee in the course of his employment under such circumstances as entitle him or his dependants to compensation under this Act, neither the employee nor any dependant of the employee has any claim against Her Majesty, or any officer, servant or agent of Her Majesty, other than for compensation under this Act. R.S., c. G-8, s. 8. Acts or omissions by corporation or other body 12.1 No action lies against Her Majesty for anything done or omitted to be done under this Act by a corporation or other body referred to in subsection 9.1(1). 2012, c. 19, s. 422. Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation General Sections 13-15 General Regulations 13 (1) Subject to the Governor in Council’s approval, the Minister may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) determining the place where an employee is usually employed; and (b) prescribing corporations or other bodies for the purposes of section 9.1. Extended application of section 9.2 (2) If a corporation or other body is prescribed under paragraph (1)(b), section 9.2 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force. Extended application of section 9.1 (3) If a regulation is made under paragraph (1)(b) by virtue of which a corporation or other body ceases to be prescribed, section 9.1 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force. R.S., 1985, c. G-5, s. 13; 2012, c. 19, s. 423. Employer contribution 14 The Minister may require any corporation or other body, whose employees are subject to this Act, (a) to pay such percentage of payroll or such other rate or specific sum as the Minister may deem sufficient to pay the compensation during the current year in respect of injuries to those employees; (b) to pay such proportion of the expenses of administering this Act as the Minister may determine; and (c) to maintain a reserve fund to pay the compensation payable in future years in respect of claims of those employees arising under this Act. R.S., 1985, c. G-5, s. 14; 2012, c. 19, s. 424(E). Death of employee at place other than that of employment 15 Where the death of an employee results from an accident arising out of and in the course of his employment at a place other than the place where the employee is usually employed and the reasonable additional expenses incurred by reason of the death occurring at that other place exceed the amount of compensation to which the employee’s dependants are entitled for those expenses Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation General Sections 15-16 under this Act, there may be paid out of the Consolidated Revenue Fund such sum as the Minister, with the approval of the Treasury Board, deems necessary to pay any portion of the excess. R.S., c. G-8, s. 12. Accident prevention activities and safety program 16 The Minister may promote and encourage accident prevention activities and safety programs among persons employed in the federal public administration. R.S., 1985, c. G-5, s. 16; 2003, c. 22, s. 224(E). Current to June 20, 2022 Last amended on September 21, 2017 Government Employees Compensation RELATED PROVISIONS RELATED PROVISIONS — 2012, c. 19, s. 425 Notice given before coming into force 425 The Government Employees Compensation Act, as it read immediately before the day on which this section comes into force, applies in cases where the notice of election referred to in section 11 of that Act is given before that day. Current to June 20, 2022 Last amended on September 21, 2017

CONSOLIDATION Government Corporations Operation Act R.S.C., 1985, c. G-4 Current to June 20, 2022 Last amended on April 1, 2005 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 2005. 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, 2005 TABLE OF PROVISIONS An Act respecting the operation of Government corporations Short Title 1 Short title Interpretation 2 Definition of corporation Status, Powers and Personnel of Corporations 3 Agent of Her Majesty Employment of officers and employees Pension or superannuation Application 6 Application to corporation by proclamation Cessation of application Current to June 20, 2022 Last amended on April 1, 2005 ii R.S.C., 1985, c. G-4 An Act respecting the Government corporations operation of Short Title Short title 1 This Act may be cited as the Government Corporations Operation Act. R.S., c. G-7, s. 1. Interpretation Definition of corporation 2 In this Act, corporation means a company incorporated under Part I of the Canada Corporations Act, chapter C-32 of the Revised Statutes of Canada, 1970, or a corporation incorporated under the Canada Business Corporations Act, all the issued shares of which are owned by or held in trust for Her Majesty in right of Canada except, in the case of a company incorporated under Part I of the Canada Corporations Act, shares necessary to qualify other persons as directors. R.S., 1985, c. G-4, s. 2; 1994, c. 24, s. 34(F). Status, Powers and Personnel of Corporations Agent of Her Majesty 3 Every corporation is for all its purposes an agent of Her Majesty in right of Canada. R.S., c. G-7, s. 3; 1984, c. 31, s. 14. Employment of officers and employees 4 (1) Every corporation may, notwithstanding any statute or law, employ such officers or employees as it deems necessary to conduct its operations and determine the conditions of employment and the remuneration of those officers or employees. Current to June 20, 2022 Last amended on April 1, 2005 Government Corporations Operation Status, Powers and Personnel of Corporations Sections 4-5 Corporation pays remuneration (2) The remuneration determined under subsection (1) shall be paid by the corporation. Control (3) Every corporation has the control and supervision of the officers and employees employed by the corporation. R.S., c. G-7, s. 4. Pension or superannuation 5 (1) The Public Service Superannuation Act does not apply to officers and employees employed by a corporation but each corporation may, with the approval of the Governor in Council, establish and support a pension fund, a group insurance plan or other pension or superannuation arrangements for the benefit of officers and employees employed by the corporation and their dependants, including their spouse, common-law partner and children, any other relative of the officer or employee, and any child or other relative of the spouse or commonlaw partner of the officer or employee. A corporation may, with the approval of the Governor in Council, continue any such fund, plan or arrangement, established by the corporation, that existed on July 26, 1946. Definition of common-law partner (1.1) In subsection (1), common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year. Superannuation rights preserved (2) Notwithstanding subsection (1) or any other statute or law, a person who, immediately prior to that person’s employment by a corporation, was a contributor under the Public Service Superannuation Act continues while employed by the corporation to be a contributor under that Act, and for the purposes of that Act that person’s service with the corporation shall be counted as pensionable service. Re-appointment in public service (3) If a person referred to in subsection (2) is retired from employment with a corporation for any reason other than misconduct, that person is eligible for re-appointment in the public service. Application of ss. (2) and (3) (4) Subsections (2) and (3) do not apply in respect of any person who becomes employed by a corporation on or after January 1, 1954 to whom, but for this subsection, subsections (2) and (3) would apply, and every such person is deemed, for the purposes of the Public Service Current to June 20, 2022 Last amended on April 1, 2005 Government Corporations Operation Status, Powers and Personnel of Corporations Sections 5-7 Superannuation Act, to have ceased to be employed in the public service, for a reason other than disability or misconduct, as of the date of that person’s employment by the corporation and to have ceased to be a contributor under the Public Service Superannuation Act at that date. Benefits continued (5) Any person who at the time of that person’s employment with a corporation held a position in the public service or was an employee within the meaning of the Public Service Employment Act continues to retain and is eligible for all the benefits, except salary as an employee in the public service, that that person would have been eligible to receive had that person remained an employee in the public service. Application of Government Employees Compensation Act (6) The Government Employees Compensation Act applies to officers and employees of a corporation and for the purposes of that Act those officers and employees shall be deemed to be employees in the federal public administration. R.S., 1985, c. G-4, s. 5; 2000, c. 12, s. 124; 2003, c. 22, ss. 224(E), 225(E). Application Application to corporation by proclamation 6 This Act applies to a corporation only from the date of the issue of a proclamation by the Governor in Council declaring this Act to be applicable to that corporation. R.S., c. G-7, s. 6. Cessation of application 7 (1) The Governor in Council may issue a proclamation declaring that this Act shall cease to apply to a corporation in respect of which a proclamation has been issued pursuant to section 6. No prejudice to superannuation rights or benefits (2) On the effective date of a proclamation issued pursuant to subsection (1), this Act ceases to apply to the corporation named therein and the corporation ceases to be an agent of Her Majesty but without prejudice to any rights acquired by any person pursuant to subsection 5(2), (3) or (5). R.S., c. G-7, s. 7. Current to June 20, 2022 Last amended on April 1, 2005

CONSOLIDATION Government Property Traffic Act R.S.C., 1985, c. G-6 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act for the control of traffic on Government property Short Title 1 Short title Regulations 2 Regulations Offences and Punishment 3 Liability of owner Evidence Current to June 20, 2022 ii R.S.C., 1985, c. G-6 An Act for the control Government property of traffic on Short Title Short title 1 This Act may be cited as the Government Property Traffic Act. R.S., c. G-10, s. 1. Regulations Regulations 2 (1) The Governor in Council may make regulations for the control of traffic on any lands belonging to or occupied by Her Majesty in right of Canada and, in particular, but without restricting the generality of the foregoing, may make regulations (a) regulating the speed and parking of vehicles and prescribing routes of travel; (b) respecting one-way traffic, obstruction of traffic and pedestrian traffic; (c) for directing traffic and erecting signs; (d) prohibiting traffic by such vehicles, at such times, in such places and in such circumstances, as may be prescribed in the regulations; (e) prohibiting unnecessary noise in the vicinity of buildings; (f) authorizing officers to enforce the regulations; (g) prescribing a fine not exceeding five hundred dollars or a term of imprisonment not exceeding six months, or both, to be imposed on summary conviction as punishment for the contravention of any regulation; and Current to June 20, 2022 Government Property Traffic Regulations Sections 2-4 (h) providing for the voluntary payment of fines and for prohibiting persons who have contravened any regulation from driving a vehicle on the lands for any period not exceeding one year. Classification of vehicles (2) The Governor in Council may classify vehicles according to dimensions, design, use, weight, kind or otherwise and may make regulations under subsection (1) with respect to any or all such class or classes. R.S., 1985, c. G-6, s. 2; 1992, c. 47, s. 72.1; 1996, c. 7, s. 38. Offences and Punishment Liability of owner 3 (1) Where a vehicle is operated or parked in contravention of any regulation, the owner of the vehicle is liable to the punishment prescribed by the regulations for the contravention unless, at the time of the contravention, the vehicle was not operated or parked, as the case may be, by the owner or by any other person with the owner’s consent, express or implied. No relief from liability for operating or parking (2) Nothing in this section relieves a person who operates or parks a vehicle in contravention of a regulation from the punishment prescribed for the contravention. R.S., c. G-10, s. 3. Evidence 4 In any prosecution for a contravention of a regulation, a certificate stating that Her Majesty in right of Canada is the owner or occupant of the lands described therein and purporting to be signed by (a) the Minister of Public Works and Government Services or the Deputy, Assistant Deputy or Acting Deputy of the Minister of Public Works and Government Services, (b) the minister having the administration of the lands or the deputy, assistant deputy or acting deputy of that minister, or (c) the officer or person having custody of the documents of title or other appropriate records, Current to June 20, 2022 Government Property Traffic Offences and Punishment Section 4 is evidence that the lands belong to or are occupied by Her Majesty in right of Canada, as the case may be, without proof of the signature or official character of the person appearing to have signed the certificate and without further proof. R.S., 1985, c. G-6, s. 4; 1991, c. 50, s. 29; 1999, c. 31, s. 126. Current to June 20, 2022

CONSOLIDATION Gwich’in Land Claim Settlement Act S.C. 1992, c. 53 Current to June 20, 2022 Last amended on October 17, 2011 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 17, 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 October 17, 2011 TABLE OF PROVISIONS An Act to approve, give effect to and declare valid the Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, and to amend an Act in consequence thereof Short Title 1 Short title Interpretation 2 Definition of Agreement Her Majesty 3 Binding on Her Majesty Agreement 4 Agreement Renewable Resources Board Orders and regulations Publication of Agreement and amendments Other Laws 8 Inconsistency or conflict Appropriation 9 Payments out of C.R.F. Consequential Amendment Coming into Force *11 Coming into force Current to June 20, 2022 Last amended on October 17, 2011 ii S.C. 1992, c. 53 An Act to approve, give effect to and declare valid the Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, and to amend an Act in consequence thereof [Assented to 17th December 1992] Preamble WHEREAS the Gwich'in, from time immemorial, have traditionally used and occupied lands in Yukon and the Northwest Territories; WHEREAS the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada; WHEREAS Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, have negotiated in order to achieve certainty and clarity of rights with respect to ownership and use of land and resources; WHEREAS Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, on April 22, 1992, entered into a comprehensive land claims agreement that, in exchange for the release by the Gwich’in of certain rights and claims as set out in the Agreement, defines certain rights that the Gwich’in shall have, and confirms the treaty rights of the Gwich’in that are unaffected by that release; WHEREAS the Agreement further provides that the Agreement will be a land claims agreement referred to in section 35 of the Constitution Act, 1982 and that approval by Parliament is a condition precedent to the validity of the Agreement; Current to June 20, 2022 Last amended on October 17, 2011 Gwich’in Land Claim Settlement Short Title Sections 1-4 NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1992, c. 53, Preamble; 2002, c. 7, s. 175(E).. Short Title Short title 1 This Act may be cited as the Gwich’in Land Claim Settlement Act. Interpretation Definition of Agreement 2 In this Act, Agreement means the Comprehensive Land Claim Agreement between Her Majesty the Queen in right of Canada and the Gwich’in, as represented by the Gwich’in Tribal Council, signed on April 22, 1992, tabled in the House of Commons for the Minister of Indian Affairs and Northern Development on November 16, 1992, and includes amendments made from time to time pursuant to the Agreement. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Agreement Agreement 4 (1) The Agreement is hereby approved, given effect and declared valid. Idem (2) For greater certainty, where the Agreement confers on any person or body a right, privilege, benefit or power, requires any person or body to perform a duty or subjects any person or body to a liability, that person or body may exercise the right, privilege, benefit or power, shall perform the duty or is subject to the liability to the extent provided for by the Agreement. Idem (3) For greater certainty, title to lands vests in the Gwich’in Tribal Council as set out in the Agreement. Current to June 20, 2022 Last amended on October 17, 2011 Gwich’in Land Claim Settlement Agreement Sections 5-10 Renewable Resources Board 5 For the purposes of carrying out its objectives, the Renewable Resources Board established by the Agreement has the capacity, rights, powers and privileges of a natural person. Orders and regulations 6 The Governor in Council may make such orders and regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof. Publication of Agreement and amendments 7 The Minister of Indian Affairs and Northern Development shall cause a certified copy of the Agreement and any amendments thereto to be deposited in (a) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region; (b) the regional offices of the Department of Indian Affairs and Northern Development that are situated in Yukon and the Northwest Territories; (c) the legislative libraries of the Government of Yukon and the Government of the Northwest Territories; and (d) such other places as the Minister deems necessary. 1992, c. 53, s. 7; 2002, c. 7, s. 176(E). Other Laws Inconsistency or conflict 8 Where there is any inconsistency or conflict between this Act or the Agreement and the provisions of any law, this Act or the Agreement, as the case may be, prevails to the extent of the inconsistency or conflict. 8.1 [Repealed, 2009, c. 23, s. 330] Appropriation Payments out of C.R.F. 9 There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under chapters 8 and 9 of the Agreement. Consequential Amendment 10 [Amendment] Current to June 20, 2022 Last amended on October 17, 2011 Gwich’in Land Claim Settlement Coming into Force Section 11 Coming into Force Coming into force 11 This Act shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force December 22, 1992, see SI/93-1.] Current to June 20, 2022 Last amended on October 17, 2011 Gwich’in Land Claim Settlement RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, par. 371 (2) (a) Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (a) paragraphs 7(a) and (b) of the Gwich’in Land Claim Settlement Act; — 2019, c. 29, par. 373 (2) (a) Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (a) the portion of section 7 of the Gwich’in Land Claim Settlement Act before paragraph (a); Current to June 20, 2022 Last amended on October 17, 2011

CONSOLIDATION Great Lakes Fisheries Convention Act R.S.C., 1985, c. F-17 Current to June 20, 2022 Last amended on July 1, 2007 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute or amendment prevails to the extent of the inconsistency. LAYOUT The notes that appeared in the left or right margins are now in boldface text directly above the provisions to which they relate. They form no part of the enactment, but are inserted for convenience of reference only. NOTE This consolidation is current to June 20, 2022. The last amendments came into force on July 1, 2007. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on July 1, 2007 TABLE OF PROVISIONS An Act to implement a Convention on Great Lakes Fisheries between Canada and the United States Short Title 1 Short title Interpretation 2 Definitions Convention and Regulations 3 Convention approved Regulations Offence and punishment Jurisdiction of Courts 6 Jurisdiction of courts Duration 7 Duration SCHEDULE Current to June 20, 2022 Last amended on July 1, 2007 ii R.S.C., 1985, c. F-17 An Act to implement a Convention on Great Lakes Fisheries between Canada and the United States Short Title Short title 1 This Act may be cited as the Great Lakes Fisheries Convention Act. R.S., c. F-15, s. 1. Interpretation Definitions 2 In this Act, Commission means the Great Lakes Fishery Commission established under the Convention; (Commission) Convention means the Convention on Great Lakes Fisheries between Canada and the United States of America set out in the schedule. (Convention) R.S., c. F-15, s. 2. Convention and Regulations Convention approved 3 The Convention is hereby approved and confirmed. R.S., c. F-15, s. 3. Regulations 4 Notwithstanding any other Act, the Governor in Council may make regulations for carrying out and giving effect to the provisions of the Convention and anything done by the Commission thereunder. R.S., c. F-15, s. 4. Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes Convention and Regulations Sections 5-7 Offence and punishment 5 Every person who contravenes any regulation made pursuant to section 4 is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both. R.S., c. F-15, s. 4. Jurisdiction of Courts Jurisdiction of courts 6 All courts, justices of the peace and provincial court judges in Canada have the same jurisdiction with respect to offences under regulations made under section 4 as they have under sections 257 and 258 of the Canada Shipping Act, 2001 with respect to offences under that Act, and those sections apply to offences under regulations made under section 4 in the same manner and to the same extent as they apply to offences under the Canada Shipping Act, 2001. R.S., 1985, c. F-17, s. 6; R.S., 1985, c. 27 (1st Supp.), s. 203; 1990, c. 44, s. 18; 2001, c. 26, s. 303. Duration Duration 7 This Act shall continue in force until a day to be fixed by proclamation of the Governor in Council following termination of the Convention. R.S., c. F-15, s. 6. Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE SCHEDULE (Section 2) Convention on Great Lakes Fisheries between Canada and the United States of America The Government of Canada and the Government of the United States of America, Taking note of the interrelation of fishery conservation problems and of the desirability of advancing fishery research in the Great Lakes, Being aware of the decline of some of the Great Lakes fisheries, Being concerned over the serious damage to some of these fisheries caused by the parasitic sea lamprey and the continuing threat which this lamprey constitutes for other fisheries, Recognizing that joint and coordinated efforts by Canada and the United States of America are essential in order to determine the need for and the type of measures which will make possible the maximum sustained productivity in Great Lakes fisheries of common concern, Have resolved to conclude a convention and have appointed as their respective Plenipotentiaries: The Government of Canada: Arnold Danford Patrick Heeney, Ambassador Extraordinary and Plenipotentiary of Canada to the United States of America, and Stewart Bates, Chairman of the Delegation of Canada to the Great Lakes Fisheries Conference; and The Government of the United States of America: Walter Bedell Smith, Acting Secretary of State of the United States of America, and William C. Herrington, Chairman of the Delegation of the United States of America to the Great Lakes Fisheries Conference, who, having communicated to each other their respective full powers, found in good and due form, have agreed as follows: Article I This Convention shall apply to Lake Ontario (including the St. Lawrence River from Lake Ontario to the forty-fifth parallel of latitude), Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior and their connecting waters, hereinafter referred to as “the Convention Area”. This Convention shall also apply to the tributaries of each of the above waters to the extent necessary to investigate any stock of fish of common concern, the taking or habitat of which is confined predominantly to the Convention Area, and to eradicate or minimize the populations of the sea lamprey (Petromyzon marinus) in the Convention Area. Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE Article II 1 The Contracting Parties agree to establish and maintain a joint commission, to be known as the Great Lakes Fishery Commission, hereinafter referred to as “the Commission”, and to be composed of two national sections, a Canadian Section and a United States Section. Each Section shall be composed of not more than three members appointed by the respective Contracting Parties. 2 Each Section shall have one vote. A decision or recommendation of the Commission shall be made only with the approval of both Sections. 3 Each Contracting Party may establish for its Section an advisory committee for each of the Great Lakes. The members of each advisory committee so established shall have the right to attend all sessions of the Commission except those which the Commission decides to hold in camera. (NOTE: Paragraph 1 of Article II was amended by an exchange of notes between the Governments of Canada and the United States, effective May 19, 1967, increasing each section’s membership in the Commission from three to four members. The notes are set out following the Convention.) Article III 1 At the first meeting of the Commission and at every second subsequent annual meeting thereafter the members shall select from among themselves a Chairman and a Vice-Chairman, each of whom shall hold office from the close of the annual meeting at which he has been selected until the close of the second annual meeting thereafter. The Chairman shall be selected from one Section and the Vice-Chairman from the other Section. The offices of Chairman and Vice-Chairman shall alternate biennially between the Sections. 2 The seat of the Commission shall be at such place in the Great Lakes area as the Commission may designate. 3 The Commission shall hold a regular annual meeting at such place as it may decide. It may hold such other meetings as may be agreed upon by the Chairman and Vice-Chairman and at such time and place as they may designate. 4 The Commission shall authorize the disbursement of funds for the joint expenses of the Commission and may employ personnel and acquire facilities necessary for the performance of its duties. 5 The Commission shall make such rules and by-laws for the conduct of its meetings and for the performance of its duties and such financial regulations as it deems necessary. 6 The Commission may appoint an Executive Secretary upon such terms as it may determine. 7 The staff of the Commission may be appointed by the Executive Secretary in the manner determined by the Commission or appointed by the Commission itself on terms to be determined by it. 8 The Executive Secretary shall, subject to such rules and procedures as may be determined by the Commission, have full power and authority over the staff and shall perform such functions as the Commission may prescribe. If the office of Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE Executive Secretary is vacant, the Commission shall prescribe who shall exercise such power or authority. Article IV The Commission shall have the following duties: (a) to formulate a research program or programs designed to determine the need for measures to make possible the maximum sustained productivity of any stock of fish in the Convention Area which, in the opinion of the Commission, is of common concern to the fisheries of Canada and the United States of America and to determine what measures are best adapted for such purpose; (b) to coordinate research made pursuant to such programs and, if necessary, to undertake such research itself; (c) to recommend appropriate measures to the Contracting Parties on the basis of the findings of such research programs; (d) to formulate and implement a comprehensive program for the purpose of eradicating or minimizing the sea lamprey populations in the Convention Area; and (e) to publish or authorize the publication of scientific and other information obtained by the Commission in the performance of its duties. Article V In order to carry out the duties set forth in Article IV, the Commission may: (a) conduct investigations; (b) take measures and install devices in the Convention Area and the tributaries thereof for lamprey control; and (c) hold public hearings in Canada and the United States of America. Article VI 1 In the performance of its duties, the Commission shall, in so far as feasible, make use of the official agencies of the Contracting Parties and of their Provinces or States and may make use of private or other public organizations, including international organizations, or of any person. 2 The Commission may seek to establish and maintain working arrangements with public or private organizations for the purpose of furthering the objectives of this Convention. Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE Article VII Upon the request of the Commission a Contracting Party shall furnish such information pertinent to the Commission’s duties as is practicable. A Contracting Party may establish conditions regarding the disclosure of such information by the Commission. Article VIII 1 Each Contracting Party shall determine and pay the expenses of its Section. Joint expenses incurred by the Commission shall be paid by contributions made by the Contracting Parties. The form and proportion of the contributions shall be those approved by the Contracting Parties after the Commission has made a recommendation. 2 The Commission shall submit an annual budget of anticipated joint expenses to the Contracting Parties for approval. Article IX The Commission shall submit annually to the Contracting Parties a report on the discharge of its duties. It shall make recommendations to or advise the Contracting Parties whenever it deems necessary on any matter relating to the Convention. Article X Nothing in this Convention shall be construed as preventing any of the States of the United States of America bordering on the Great Lakes or, subject to their constitutional arrangements, Canada or the Province of Ontario from making or enforcing laws or regulations within their respective jurisdictions relative to the fisheries of the Great Lakes so far as such laws or regulations do not preclude the carrying out of the Commission’s duties. Article XI The Contracting Parties agree to enact such legislation as may be necessary to give effect to the provisions of this Convention. Article XII The Contracting Parties shall jointly review in the eighth year of the operation of this Convention the activities of the Commission in relation to the objectives of the Convention in order to determine the desirability of continuing, modifying or terminating this Convention. Article XIII 1 This Convention shall be ratified and the instruments of ratification shall be exchanged at Ottawa. Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE 2 This Convention shall enter into force on the date of the exchange of the instruments of ratification. It shall remain in force for ten years and shall continue in force thereafter until terminated as provided herein. 3 Either Contracting Party may, by giving two years’ written notice to the other Contracting Party, terminate this Convention at the end of the initial ten-year period or at any time thereafter. In Witness Whereof the respective Plenipotentiaries have signed the present Convention. Done at Washington, in duplicate, this tenth day of September, 1954. [Here follow the signatures on behalf of the Governments of Canada and the United States of America.] Exchange of notes between the Government of Canada and the Government of the United States amending the Convention on Great Lakes Fisheries. Note from the Secretary of State for External Affairs to the Ambassador of the United States: Ottawa, April 5, 1966. No. X-92 Excellency, I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission. In accordance with those conversations, it is the understanding of the Government of Canada that the above-mentioned Convention shall be amended by substituting the word “four” for the word “three” in the second sentence of paragraph 1 of Article II. I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency’s reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency’s reply. Accept, Excellency, the renewed assurances of my highest consideration. Paul Martin, Secretary of State for External Affairs Note from the Ambassador of the United States to the Secretary of State for External Affairs: Ottawa, May 19, 1967. No. 298 Sir: I have the honor to refer to your note of April 5, 1966, which reads as follows: Current to June 20, 2022 Last amended on July 1, 2007 Fisheries Convention, Great Lakes SCHEDULE “I have the honour to refer to conversations between representatives of our two Governments concerning amendment of the Convention on Great Lakes Fisheries between Canada and the United States of America signed at Washington on September 10, 1954 to provide for the appointment by each Contracting Party of an additional member on the Great Lakes Fisheries Commission. “In accordance with those conversations, it is the understanding of the Government of Canada that the abovementioned Convention shall be amended by substituting the word `four’ for the word `three’ in the second sentence of paragraph 1 of Article II. “I also have the honour to propose that, on confirmation of the foregoing understanding on behalf of the Government of the United States, this Note and Your Excellency’s reply to that effect shall constitute an agreement between our two Governments, which shall enter into force on the date of Your Excellency’s reply.” I have the honor to confirm the foregoing understanding on behalf of my Government. Accordingly, your note and this reply shall constitute an agreement between our two Governments, which shall enter into force this day. Accept, Sir, the renewed assurances of my highest consideration. W.W. Butterworth R.S., c. F-15, Sch. Current to June 20, 2022 Last amended on July 1, 2007

CONSOLIDATION Government Annuities Improvement Act S.C. 1974-75-76, c. 83 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to increase the rate of return on Government Annuity contracts, to increase their flexibility and to discontinue future sales thereof Short Title 1 Short title Interpretation 2 Minister Increased Rate of Return 3 Increased interest for deferred annuities Calculation of amount of annuity Annuity payments to be increased Maximum annuity max exceed $1,200 per year Increased Flexibility 7 Variation and substitution When purchaser dies or goes out of existence Commutation available in certain cases General 10 Interest to date of repayment in certain cases Rate of interest in certain cases Transferability of benefits Discontinuance of Sales of Annuities 13 No new contracts Registration deadline under group contracts Government Annuities Account 15 Calculation of liability Audit 16 Audit Current to June 20, 2022 ii Government Annuities Improvement TABLE OF PROVISIONS Regulations 17 Regulations Report to Parliament 18 Annual report to Parliament SCHEDULE Current to June 20, 2022 iv S.C. 1974-75-76, c. 83 An Act to increase the rate of return on Government Annuity contracts, to increase their flexibility and to discontinue future sales thereof [Assented to 20th December 1975] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Government Annuities Improvement Act. Interpretation Minister 2 (1) In this Act, Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council to administer the Government Annuities Act. Words and expressions (2) Unless the context otherwise indicates, words and expressions have the same meaning as in the Government Annuities Act. Increased Rate of Return Increased interest for deferred annuities 3 (1) In determining the value of an annuity prior to the date on which it becomes payable, the rate or rates of interest to be used shall, for the period before April 1st, 1975, be the rate or rates of interest applicable to that annuity contract and, for the period commencing April 1st, Current to June 20, 2022 Government Annuities Improvement Increased Rate of Return Sections 3-7 1975, shall, subject to subsection (2), be seven per cent per annum. Governor in Council may vary interest rate (2) The Governor in Council may by regulation vary, in respect of any annuity or category of annuities, the seven per cent rate of interest mentioned in subsection (1), but the rate of interest fixed by regulation may not, in respect of any annuity, be lower than the rate or rates of interest applicable to that annuity prior to April 1st, 1975. Calculation of amount of annuity 4 At the date on which an annuity becomes payable, if that date is on or after April 1st, 1975, the amount of annuity payable shall be calculated by using the value of that annuity determined in accordance with section 3 and the table or tables of values prescribed under paragraph 13(b) of the Government Annuities Act applicable to that annuity contract. Annuity payments to be increased 5 (1) All amounts payable by way of an annuity on or after April 1st, 1975 shall be increased by the applicable percentage or percentages shown in the schedule. Amendment of schedule (2) The Governor in Council may, by regulation, amend the schedule in respect of any annuity or category of annuities. Maximum annuity max exceed $1,200 per year 6 (1) Notwithstanding subsection 8(1) of the Government Annuities Act, the total amount payable by way of an annuity or annuities to any annuitant or to joint annuitants may exceed twelve hundred dollars a year to the extent that such excess results from the application of section 3 or 5 or both. Regulations may permit further increase in maximum (2) The Governor in Council may make regulations for permitting the total amount payable by way of annuity or annuities to any annuitant or to joint annuitants to exceed the maximum permitted by subsection (1). Increased Flexibility Variation and substitution 7 The Minister may, upon such terms and conditions as are prescribed by regulation, Current to June 20, 2022 Government Annuities Improvement Increased Flexibility Sections 7-12 (a) vary an existing annuity contract with the consent of the purchaser; or (b) substitute a new annuity contract for an existing one where there is a change of purchaser. When purchaser dies or goes out of existence 8 Where an annuity contract under the Government Annuities Act does not permit the annuitant to request changes in his annuity without the purchaser’s consent and the purchaser has died or gone out of existence, the annuitant has the same right to request changes in his annuity as had the purchaser. Commutation available in certain cases 9 When, under an annuity contract under the Government Annuities Act, the annuity is payable for a term of years certain or for the life of the annuitant, whichever period is the longer, and the annuitant has died before the expiration of that term of years certain, then, notwithstanding subsection 12(2) of the Government Annuities Act, the remaining instalments may, at the request of the purchaser or his legal representative, be commuted into a lump sum payment, the amount of which shall be calculated in accordance with the regulations. General Interest to date of repayment in certain cases 10 The interest referred to in subsection 12(1) of the Government Annuities Act shall accrue to the date of repayment in cases where the relevant death occurs after the commencement of this Act, even if the annuity contract stipulates that the interest will accrue only to the date of death. Rate of interest in certain cases 11 Notwithstanding the provisions of The Appropriation Act No. 4, 1950, Vote 695, and of Appropriation Act No. 6, 1960, Vote 526, the interest mentioned in those Votes shall, after March 31st, 1975, accrue at a rate determined from time to time by the Governor in Council. Transferability of benefits 12 Notwithstanding subsection 10(1) the Government Annuities Act, where an annuity contract is a registered retirement savings plan within the meaning of the Income Tax Act or is under a registered pension fund or plan within the meaning of the Income Tax Act, any monies payable under that contract may, at the request of the annuitant or, if the annuitant is dead, at the Current to June 20, 2022 Government Annuities Improvement General Sections 12-15 request of the beneficiary, be paid to another registered retirement savings plan within the meaning of the Income Tax Act or to another registered pension fund or plan within the meaning of the Income Tax Act. Discontinuance of Sales of Annuities No new contracts 13 After the commencement of this Act, no further annuity contracts may be entered into under the Government Annuities Act, except as provided by the terms of an existing annuity contract under that Act or by paragraph 7(b) of this Act. Registration deadline under group contracts 14 No further registration of employees under annuity contracts mentioned in subsection 6(3) of the Government Annuities Act may take place after March 31st, 1979. Government Annuities Account Calculation of liability 15 (1) Notwithstanding anything in section 15 of the Government Annuities Act, the liability outstanding at the end of each fiscal year in respect of annuity contracts shall be calculated on the basis of such rate or rates of interest and mortality tables, and in such manner, as is prescribed by regulation. Credits to Account (2) If at the end of any fiscal year the liability calculated under subsection (1) exceeds the balance of the Government Annuities Account, there shall be credited to the Account and charged to the Consolidated Revenue Fund an amount equal to the excess of the liability over the balance of the Account. Charges to Account (3) If at the end of any fiscal year the liability calculated under subsection (1) is less than the balance of the Government Annuities Account, there shall be charged to the Account and credited to the Consolidated Revenue Fund an amount equal to the amount by which the balance of the Account exceeds the liability. Current to June 20, 2022 Government Annuities Improvement Audit Sections 16-18 Audit Audit 16 The accounts and financial transactions arising under the Government Annuities Act and this Act shall be audited annually by the Auditor General and a report of the audit shall be made to the Minister. Regulations Regulations 17 The Governor in Council may make regulations (a) prescribing terms and conditions for the purposes of section 7; (b) respecting the manner in which a grant of letters probate, or similar document, of any court or authority outside Canada is to be proved for the purposes of the Government Annuities Act; (c) prescribing the manner in which lump sum payments mentioned in section 9 are to be calculated; and (d) prescribing the manner in which the liability outstanding at the end of each fiscal year in respect of annuity contracts is to be calculated, and the rate or rates of interest and mortality tables to be used in that regard. Report to Parliament Annual report to Parliament 18 (1) Within nine months after the end of each fiscal year, the Minister shall prepare a report on all business done under the Government Annuities Act and this Act during that fiscal year and shall lay the report before Parliament within fifteen days after it bas been prepared or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting. Repeal (2) Section 16 of the Government Annuities Act is repealed. Current to June 20, 2022 Government Annuities Improvement SCHEDULE SCHEDULE Rate or rates of interest applicable to the annuity contract Percentage increase 3% 3 1/2% 4% 5% 5 1/4% 32% 29% 22% 14% 10% Current to June 20, 2022

CONSOLIDATION Government Annuities Act R.S.C. 1970, c. G-6 Current to June 20, 2022 Last amended on December 12, 2013 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 12, 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 December 12, 2013 TABLE OF PROVISIONS An Act to authorize the issue of Government annuities for old age 1 Short title Definitions Administration Sale of annuities authorized Payments by purchaser Annuity tables Limitations as to persons and amount Refusal for cause Rights not transferable Interest not attachable Death of annuitant before annuity payable Regulations C.R.F. Accounts to be kept Current to June 20, 2022 Last amended on December 12, 2013 ii R.S.C. 1970, c. G-6 An Act to authorize the issue of Government annuities for old age Short title 1 This Act may be cited as the Government Annuities Act. R.S., 1952, c. 132, s. 1. Definitions 2 In this Act annuitant means a person in receipt of, or entitled to the receipt of, an annuity; (rentier) annuity means an annuity issued under this Act; (rente) common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait) Minister means the Minister appointed by the Governor in Council to administer this Act; (Ministre) purchaser means any person who has contracted for the purchase of an annuity. (acheteur) R.S., 1970, c. G-6, s. 2; 2000, c. 12, s. 122. Administration 3 Until otherwise determined by the Governor in Council, this Act shall be administered by the Minister of Employment and Social Development. R.S., 1970, c. G-6, s. 3; 1996, c. 11, s. 95; 2005, c. 34, s. 80; 2013, c. 40, s. 238. Sale of annuities authorized 4 Her Majesty, represented and acting by the Minister, may, subject to this Act and any order in council made under the authority of this Act, contract with any person for the sale (a) of an immediate or deferred annuity to any person resident or domiciled in Canada, Current to June 20, 2022 Last amended on December 12, 2013 Government Annuities Sections 4-6 (i) for the life of the annuitant; (ii) for a term of years certain, not exceeding twenty years, or for the life of the annuitant, whichever is the shorter; or (iii) for a term of years certain, not exceeding twenty years, or for the life of the annuitant, whichever is the longer; (b) of an immediate or deferred annuity to any two persons resident or domiciled in Canada during their joint lives, and with or without continuation to the survivor. R.S., 1952, c. 132, s. 4. Payments by purchaser 5 The purchaser may, by the payment at any time of a sum of not less than ten dollars, or by the payment of a stipulated sum periodically at fixed and definite intervals, to any agent of the Minister appointed under this Act, purchase an annuity under this Act, but the amount payable by way of the annuity so purchased is subject to the terms of section 8. R.S., 1952, c. 132, s. 5. 6 (1) [Repealed, 1980-81-82-83, c. 54, s. 56] Purchase of annuities for corporation members (2) Any society or association of persons, being a body corporate for fraternal, benevolent, religious or other lawful purposes, may contract with Her Majesty, on behalf of such of its members as are domiciled in Canada, for the sale to such members of annuities otherwise purchasable by them as individuals under this Act; and any sums of money necessary to the carrying out of this object may be paid by such society or association directly to the Minister. Purchase of annuities for employees (3) Employers of labour may, pursuant to agreement entered into with their employees in that behalf, such agreement to be of a form approved by the Minister, contract with Her Majesty for the sale to such of their employees as are domiciled in Canada of annuities otherwise purchasable by such employees as individuals under this Act; and any sums of money necessary to the carrying out of this object, whether such sums are derived from the wages of the employees solely, or partly from the wages of the employees and partly from contributions of the employers, or from contributions of the employers solely, may be paid by such employers directly to the Minister; but unless otherwise expressly stipulated, any sums so paid shall be held for the exclusive account of Current to June 20, 2022 Last amended on December 12, 2013 Government Annuities Sections 6-10 the persons in whose names they were deposited, respectively. R.S., 1970, c. G-6, s. 6; 1980-81-82-83, c. 54, s. 56. Annuity tables 7 All contracts for the purchase of annuities shall be entered into in accordance with the values stated in tables prepared under regulations made pursuant to section 13, and for the time being in use. R.S., 1952, c. 132, s. 7. Limitations as to persons and amount 8 (1) An annuity shall not be granted or issued on the life of any person other than the actual annuitant, nor for an amount less than ten dollars a year; and the total amount payable by way of an annuity or annuities to any annuitant or to joint annuitants shall not exceed twelve hundred dollars a year. Maximum age (2) Any contract providing for an annuity to commence to be payable at any greater age than eighty-five years is, as to purchase price, subject to the same terms as if the age were exactly eighty-five years. Conversion (3) When a person who has purchased an annuity payable to themself applies to have a portion thereof converted into an annuity payable to their spouse or common-law partner, the Minister may make such a conversion, if (a) the application is made within the three months preceding the time when the annuity becomes payable, (b) the annuity so made payable to the spouse or common-law partner does not exceed one-half of the person’s annuity, and (c) the provisions of this Act and any regulations made under this Act are complied with. R.S., 1970, c. G-6, s. 8; 2000, c. 12, s. 123. Refusal for cause 9 The Minister may refuse to contract for an annuity in any case where he is of opinion that there are sufficient grounds for refusing to do so. R.S., 1952, c. 132, s. 9. Rights not transferable 10 (1) Except as otherwise provided in this Act, no property, right, title, benefit or interest in, under, or Current to June 20, 2022 Last amended on December 12, 2013 Government Annuities Sections 10-12 arising out of a contract for an annuity is transferable, either at law or in equity. Trusts not recognized (2) The Minister shall not receive nor be affected by notice, however given, of any trust affecting an annuity or affecting moneys paid or payable in respect of an annuity. R.S., 1952, c. 132, s. 10. Interest not attachable 11 (1) An annuity and all moneys paid or payable and all rights under an annuity contract are exempt from the operation of any law relating to bankruptcy or insolvency, and shall not be seized nor levied upon by or under the process of any court. Rights of creditors saved (2) If the application for annuity contract is made and the consideration therefor is paid with intent to delay, hinder or defraud creditors, the creditors are, upon establishing such intent before a court of competent jurisdiction, entitled to receive, and the Minister is hereby authorized to pay to them or to any person authorized by the court to receive it on their behalf, any sum paid in by the purchaser, with interest thereon at the rate of three per cent per annum compounded yearly, or so much thereof as is certified by the court to be required to satisfy the claims of such creditors, and costs; and thereupon the annuity contract shall be cancelled, or the annuity to become payable thereunder shall be proportionately reduced, according as the whole or a part only of the sum payable as aforesaid is so paid by the Minister; or, if an annuity is then payable under the contract, such payment may be made out of and up to an amount equal to the present value of the annuity so payable, and the contract shall thereupon be cancelled, or the annuity payable thereunder proportionately reduced, according as the whole or a part only of such present value is so paid. Limitation of action (3) No action shall be brought for the cancellation of an annuity granted under this Act after the lapse of two years from the time at which the payment complained of has been made. R.S., 1952, c. 132, s. 11. Death of annuitant before annuity payable 12 (1) When the annuitant or last survivor of joint annuitants dies before the annuity becomes payable, and any moneys have been paid or deposited as consideration for the annuity, such moneys shall be repaid to the Current to June 20, 2022 Last amended on December 12, 2013 Government Annuities Sections 12-13 purchaser or to his legal representatives, with interest thereon at the rate of four per cent per annum, compounded yearly; but if there is an express agreement between the Minister and the purchaser as to dealing with such moneys, then they shall be paid as provided in such agreement. When term unexpired (2) When, under the annuity contract, the annuity is payable for a term of years certain or for the life of the annuitant, whichever period is the longer, and the annuitant dies before the expiration of that term of years certain, the annuity shall, during the unexpired portion of that term, be paid to the purchaser or to his legal representatives; but if there is an express agreement to the contrary between the Minister and the purchaser, the annuity shall be paid as provided in such agreement. R.S., 1952, c. 132, s. 12. Regulations 13 The Governor in Council may make regulations not inconsistent with this Act in respect of (a) the rate of interest to be allowed in the computation of values in the tables hereinafter referred to, and the rate of interest to be employed in valuing the annuities as provided for in subsection 15(2); (b) the preparation and use of tables for determining the value of annuities; and the revocation of all or any such tables and the preparation and use of other tables; (c) the mode of making, and the forms of, contracts for annuities, including all requirements as to applications therefor; (d) the selection of agents of the Minister to assist in executing the provisions of this Act, and the remuneration, if any, to such agents therefor; (e) the modes of proving the age and identity and the existence or death of persons; (f) the modes of paying sums of moneys payable under this Act; (g) dealing with an application of unclaimed annuities; and (h) the doing of anything incidental to the foregoing matters, or necessary for the effectual execution and working of this Act and the attainment of the intention and objects thereof. R.S., 1952, c. 132, s. 13. Current to June 20, 2022 Last amended on December 12, 2013 Government Annuities Sections 14-16 C.R.F. 14 The moneys received under this Act form part of the Consolidated Revenue Fund; and the moneys payable under this Act shall be paid out of the Consolidated Revenue Fund. R.S., 1952, c. 132, s. 14. Accounts to be kept 15 (1) An account shall be kept, to be called the Government Annuities Account, of all moneys received and paid out under this Act, and of the assets and liabilities appertaining to the grant of annuities under this Act; and among the liabilities included in the said account at the end of each fiscal year shall appear the present value of the prospective annuities contracted for up to the end of such fiscal year. Calculation of present value of annuities (2) The present value referred to in subsection (1) shall, as to interest, be calculated upon such rate as is fixed be the Governor in Council, and, as to mortality, upon such rates as are used in preparing the tables approved of by the Governor in Council and for the time being in use, as provided for in paragraph 13(b). R.S., 1952, c. 132, s. 15. 16 [Repealed, 1974-75-76, c. 83, s. 18] Current to June 20, 2022 Last amended on December 12, 2013

CONSOLIDATION An Act respecting the Government House property, Toronto S.C. 1912, c. 25 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the Government House property, Toronto 1 Government House property, Toronto, appropriated for use of Province Order in council and letters patent confirmed Current to June 20, 2022 ii S.C. 1912, c. 25 An Act respecting the Government House property, Toronto [Assented to 1st April 1912] His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Government House property, Toronto, appropriated for use of Province 1 The site of the Ontario Government House, situated in the city of Toronto, bounded by Wellington, John, King and Simcoe streets, and containing two hundred and sixty-six thousand one hundred and fifty-one square feet English measure, more or less, is hereby appropriated for the use of the government of the province of Ontario within the meaning of “The British North America Act, 1867,” and the schedules thereto. Order in council and letters patent confirmed 2 The order in council dated the fourteenth day of February, one thousand eight hundred and seventy-one, appropriating and transferring to the government of the province of Ontario the lands above described and letters patent dated the fifteenth day of January, one thousand nine hundred and eight, declaring the said lands to have been transferred, shall be and be deemed to be an appropriation of the said lands for the use of the provincial legislature of the province of Ontario, within the meaning of “The British North America Act, 1867,” and such lands, from and after the date of such order in council, are declared to have been and are now the property of the province of Ontario. Current to June 20, 2022

CONSOLIDATION An Act to authorize the granting of an immediate annuity to the Honourable Mr. Justice Donald Raymond Morand S.C. 1978-79, c. 8 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to authorize the granting of an immediate annuity to the Honourable Mr. Justice Donald Raymond Morand 1 Governor in Council may grant annuity Agreement between Canada and Ontario Current to June 20, 2022 ii S.C. 1978-79, c. 8 An Act to authorize the granting of an immediate annuity to the Honourable Mr. Justice Donald Raymond Morand [Assented to 22nd December 1978] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Governor in Council may grant annuity 1 (1) The Governor in Council may grant to the Honourable Mr. Justice Donald Raymond Morand, a judge of the Supreme Court of Ontario who has continued in office for more than fifteen years but has not attained the age of sixty-five years, if he resigns his office to assume the office of Ombudsman of Ontario, an immediate annuity equal to the maximum annuity that could be granted to him under section 23 of the Judges Act if he had attained the age of sixty-five years before the day on which he so resigns. Annuity deemed granted under the Judges Act (2) An annuity granted to Mr. Justice Morand under subsection (1) shall be deemed to have been granted to him under paragraph 23(1)(a) of the Judges Act. Agreement between Canada and Ontario 2 An annuity may be granted to Mr. Justice Morand under this Act only if the Government of Canada has first entered into an agreement with the Government of Ontario under which the Government of Ontario undertakes to reimburse the Government of Canada in the amount of the annuity and any other related benefits payable to him or on his behalf for the period beginning on the day he resigns his office as a judge to assume the office of Ombudsman of Ontario and continuing to the day he attains the age of sixty-five years, resigns the office of Ombudsman of Ontario or is removed therefrom by reason of being afflicted with some permanent infirmity disabling Current to June 20, 2022 Special Annuity authorization Section 2 him from the due execution of that office or dies, whichever first occurs. Current to June 20, 2022

CONSOLIDATION Government Services Act, 1999 S.C. 1999, c. 13 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to provide for the resumption and continuation of government services Short Title 1 Short title PART 1 Operational Groups Interpretation 2 Definitions Government Services 3 Resumption or continuation of government services Obligations 4 Obligations of bargaining agent Obligations of employer Collective Agreements 6 Resumption of expired agreements Authority to prescribe terms and conditions Strikes prohibited Amendment of Collective Agreement 9 Amendments Enforcement 10 Individuals No imprisonment Recovery of fines Presumption Coming into Force 14 Coming into force PART 2 Correctional Groups Interpretation 15 Definitions Current to June 20, 2022 ii Government Services, 1999 TABLE OF PROVISIONS Government Services 16 Resumption or continuation of government services Obligations 17 Obligations of bargaining agent Obligations of employer Collective Agreements 19 Resumption of expired agreements Authority to prescribe terms and conditions Strikes prohibited Amendment of Collective Agreements 22 Amendments Enforcement 23 Individuals No imprisonment Recovery of fines Presumption Coming into Force *27 Coming into force SCHEDULE 1 SCHEDULE 2 Current to June 20, 2022 iv S.C. 1999, c. 13 An Act to provide for the resumption and continuation of government services [Assented to 25th March 1999] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Government Services Act, 1999. PART 1 Operational Groups Interpretation Definitions 2 (1) The definitions in this subsection apply in this Part. bargaining agent means the Public Service Alliance of Canada. (agent négociateur) employee means a person employed in the Public Service who is bound by a group specific agreement. (fonctionnaire) employer means Her Majesty in right of Canada as represented by the Treasury Board. (employeur) Current to June 20, 2022 Government Services, 1999 PART 1 Operational Groups Interpretation Sections 2-4 government services means the services provided by that part of the Public Service in which the employees are employed. (services gouvernementaux) group specific agreement means any agreement specified in Schedule 1. (convention particulière) master agreement means the collective agreement between the employer and the bargaining agent signed on May 17, 1989, as amended and extended after that date. (convention cadre) Words and expressions (2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in the Public Service Staff Relations Act. Government Services Resumption or continuation of government services 3 On the coming into force of this Part, (a) the employer shall resume without delay, or continue, as the case may be, government services; and (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of that employee’s employment. Obligations Obligations of bargaining agent 4 The bargaining agent and each officer and representative of the bargaining agent shall (a) without delay on the coming into force of this Part, give notice to the employees that, by reason of the coming into force of this Part, (i) any declaration, authorization or direction to go on strike given to them before the coming into force of this Part is invalid, and (ii) government services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 3(b); and Current to June 20, 2022 Government Services, 1999 PART 1 Operational Groups Obligations Sections 4-7 (c) refrain from any conduct that may encourage employees not to comply with paragraph 3(b). Obligations of employer 5 No officer or representative of the employer shall (a) in any manner impede any employee from complying with paragraph 3(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason only of that employee’s having been lawfully on strike before the coming into force of this Part. Collective Agreements Resumption of expired agreements 6 The master agreement and each group specific agreement is deemed to have had effect from the date it expired to the coming into force of this Part and shall continue to have effect in respect of the employer, the bargaining agent and the employees until the earlier of (a) the day they become bound by a single collective agreement concluded by the employer and the bargaining agent, and (b) the day they become bound by the collective agreement referred to in subsection 7(3). Authority to prescribe terms and conditions 7 (1) The Governor in Council may, on the recommendation of the Treasury Board, and taking into account collective agreements entered into by the employer in respect of bargaining units in the Public Service since the Public Sector Compensation Act ceased to apply to compensation plans applicable to them, prescribe (a) the terms and conditions of employment applicable to the employees; and (b) the period during which those terms and conditions of employment are applicable. Coming into effect of provisions (2) The Governor in Council may provide that any of the terms and conditions of employment is effective and binding on a day before or after the beginning of the period prescribed under paragraph (1)(b). Current to June 20, 2022 Government Services, 1999 PART 1 Operational Groups Collective Agreements Sections 7-9 New single collective agreement (3) The terms and conditions prescribed under paragraph (1)(a) constitute a single collective agreement binding on the bargaining units composed of the employees referred to in that paragraph. Public Service Staff Relations Act applies (4) The Public Service Staff Relations Act applies to the collective agreement referred to in subsection (3) and that collective agreement is effective and binding on the employer, the bargaining agent and the employees for the duration of the period it is applicable, despite any provision of that Act. Statutory Instruments Act does not apply (5) For greater certainty, the Statutory Instruments Act does not apply in respect of anything done under this section. Spent provisions (6) If the employer, the bargaining agent and the employees become bound by a single collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to the employees are prescribed under subsection (1), subsections (1) to (5) and section 9 are deemed to be spent. Strikes prohibited 8 During the period beginning on the coming into force of this Part and ending on the expiration of the period during which the collective agreement referred to in paragraph 6(a) or the collective agreement referred to in subsection 7(3), whichever is applicable, has effect, (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by the collective agreement; and (b) no employee bound by the collective agreement shall participate in a strike against the employer. Amendment of Collective Agreement Amendments 9 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of the collective agreement referred to in subsection 7(3) and to give effect to the amendment. Current to June 20, 2022 Government Services, 1999 PART 1 Operational Groups Enforcement Sections 10-12 Enforcement Individuals 10 (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or (b) of not more than $1,000, in any other case. Bargaining agent (2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000. No imprisonment 11 Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 10. Recovery of fines 12 (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament. Deductions (2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent. Deemed deposit in C.R.F. (3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund. Current to June 20, 2022 Government Services, 1999 PART 1 Operational Groups Enforcement Sections 13-15 Presumption 13 For the purposes of this Part, the bargaining agent is deemed to be a person. Coming into Force Coming into force 14 This Part and Schedule 1 come into force on the expiration of the twelfth hour after the time this Act is assented to. PART 2 Correctional Groups Interpretation Definitions 15 (1) The definitions in this subsection apply in this Part. bargaining agent means the Public Service Alliance of Canada. (agent négociateur) employee means a person employed in the Public Service who is bound by a group specific agreement. (fonctionnaire) employer means Her Majesty in right of Canada as represented by the Treasury Board. (employeur) government services means the services provided by that part of the Public Service in which the employees are employed. (services gouvernementaux) group specific agreement means any agreement specified in Schedule 2. (convention particulière) master agreement means the collective agreement between the employer and the bargaining agent signed on May 17, 1989, as amended and extended after that date. (convention cadre) Words and expressions (2) Unless otherwise provided, words and expressions used in this Part have the same meaning as in the Public Service Staff Relations Act. Current to June 20, 2022 Government Services, 1999 PART 2 Correctional Groups Government Services Sections 16-18 Government Services Resumption or continuation of government services 16 On the coming into force of this Part, (a) the employer shall resume without delay, or continue, as the case may be, government services; and (b) every employee shall, when so required, resume without delay, or continue, as the case may be, the duties of that employee’s employment. Obligations Obligations of bargaining agent 17 The bargaining agent and each officer and representative of the bargaining agent shall (a) without delay on the coming into force of this Part, give notice to the employees that, by reason of the coming into force of this Part, (i) any declaration, authorization or direction to go on strike given to them before the coming into force of this Part is invalid, and (ii) government services are to be resumed or continued, as the case may be, and that the employees, when so required, are to resume without delay, or continue, as the case may be, the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 16(b); and (c) refrain from any conduct that may encourage employees not to comply with paragraph 16(b). Obligations of employer 18 No officer or representative of the employer shall (a) in any manner impede any employee from complying with paragraph 16(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason only of that employee’s having been lawfully on strike before the coming into force of this Part. Current to June 20, 2022 Government Services, 1999 PART 2 Correctional Groups Collective Agreements Sections 19-20 Collective Agreements Resumption of expired agreements 19 The master agreement and each group specific agreement is deemed to have had effect from the date it expired to the coming into force of this Part and shall continue to have effect in respect of the employer, the bargaining agent and the employees until the earlier of (a) the day they become bound by a collective agreement concluded by the employer and the bargaining agent, and (b) the day they become bound by a collective agreement referred to in subsection 20(3). Authority to prescribe terms and conditions 20 (1) The Governor in Council may, on the recommendation of the Treasury Board, and taking into account collective agreements entered into by the employer in respect of bargaining units in the Public Service since the Public Sector Compensation Act ceased to apply to compensation plans applicable to them, prescribe (a) the terms and conditions of employment applicable to the employees; and (b) the period during which those terms and conditions of employment are applicable. Coming into effect of provisions (2) The Governor in Council may provide that any of the terms and conditions of employment is effective and binding on a day before or after the beginning of the period prescribed under paragraph (1)(b). New collective agreements (3) The terms and conditions prescribed under paragraph (1)(a) constitute a new collective agreement in respect of each group of employees bound by an agreement referred to in Schedule 2. Public Service Staff Relations Act applies (4) The Public Service Staff Relations Act applies to the collective agreements referred to in subsection (3) and those collective agreements are effective and binding on the employer, the bargaining agent and the employees for the duration of the period they are applicable, despite any provision of that Act. Current to June 20, 2022 Government Services, 1999 PART 2 Correctional Groups Collective Agreements Sections 20-23 Statutory Instruments Act does not apply (5) For greater certainty, the Statutory Instruments Act does not apply in respect of anything done under this section. Spent provisions (6) If the employer, the bargaining agent and employees become bound by a collective agreement concluded by the employer and the bargaining agent before terms and conditions of employment applicable to those employees are prescribed under subsection (1), subsections (1) to (5) and section 22 are deemed to be spent in respect of those employees. Strikes prohibited 21 During the period beginning on the coming into force of this Part and ending on the expiration of the period during which a collective agreement referred to in paragraph 19(a) or a collective agreement referred to in subsection 20(3), whichever is applicable, has effect, (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employee bound by that collective agreement; and (b) no employee bound by that collective agreement shall participate in a strike against the employer. Amendment of Collective Agreements Amendments 22 Nothing in this Part shall be construed so as to limit or restrict the rights of the parties to agree to amend any provision of a collective agreement referred to in subsection 20(3) and to give effect to the amendment. Enforcement Individuals 23 (1) An individual who contravenes any provision of this Part is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine (a) of not more than $50,000, if the individual was acting in the capacity of an officer or representative of the employer or of the bargaining agent when the offence was committed; or (b) of not more than $1,000, in any other case. Current to June 20, 2022 Government Services, 1999 PART 2 Correctional Groups Enforcement Sections 23-27 Bargaining agent (2) If the bargaining agent contravenes any provision of this Part, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000. No imprisonment 24 Despite subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed in default of payment of a fine that is imposed under section 23. Recovery of fines 25 (1) A fine imposed under this Part constitutes a debt payable to Her Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction or by any manner provided for in any Act of Parliament. Deductions (2) A fine imposed under this Part on a bargaining agent or one of its officers or representatives may also be recovered by Her Majesty by deducting the amount of the fine or any portion of the fine from the amount of the membership dues that the employer is or may be required, under any collective agreement between the employer and the bargaining agent, to deduct from the pay of persons employed in the Public Service who are bound by the collective agreement and to remit to the bargaining agent. Deemed deposit in C.R.F. (3) An amount equal to every amount deducted under subsection (2) is deemed to be deposited to the credit of the Receiver General in the Consolidated Revenue Fund. Presumption 26 For the purposes of this Part, the bargaining agent is deemed to be a person. Coming into Force Coming into force 27 This Part and Schedule 2 come into force on a day, or on a day and at an hour, to be fixed by order of the Governor in Council. * [Note: Part 2 and Schedule 2 in force March 29, 1999, at 11:30 p.m., see SI/99-35.] * Current to June 20, 2022 Government Services, 1999 SCHEDULE 1 SCHEDULE 1 (Subsection 2(1) and section 14) 1 Group specific agreement for the Heating, Power and Stationary Plant Operation (non-supervisory) Group between the employer and the bargaining agent that expired April 6, 1997 2 Group specific agreement for the Heating, Power and Stationary Plant Operation (supervisory) Group between the employer and the bargaining agent that expired April 6, 1997 3 Group specific agreement for the General Labour and Trades (supervisory) Group between the employer and the bargaining agent that expired May 4, 1997 4 Group specific agreement for the General Labour and Trades (non-supervisory) Group between the employer and the bargaining agent that expired May 4, 1997 5 Group specific agreement for the Lightkeepers (supervisory) Group between the employer and the bargaining agent that expired June 19, 1997 6 Group specific agreement for the Lightkeepers (nonsupervisory) Group between the employer and the bargaining agent that expired June 19, 1997 7 Agreement for the Hospital Services (supervisory) Group between the employer and the bargaining agent that expired June 21, 1997 8 Agreement for the Hospital Services (non-supervisory) Group between the employer and the bargaining agent that expired June 21, 1997 9 Group specific agreement for the Firefighters (supervisory) Group between the employer and the bargaining agent that expired June 30, 1997 10 Group specific agreement for the Firefighters (nonsupervisory) Group between the employer and the bargaining agent that expired June 30, 1997 11 Group specific agreement for the General Services (supervisory) Group between the employer and the bargaining agent that expired August 4, 1997 12 Group specific agreement for the General Services (non-supervisory) Group between the employer and the bargaining agent that expired August 4, 1997 13 Agreement for the Ships’ Crews (supervisory) Group between the employer and the bargaining agent that expired December 31, 1997 Current to June 20, 2022 Government Services, 1999 SCHEDULE 1 14 Agreement for the Ships’ Crews (non-supervisory) Group between the employer and the bargaining agent that expired December 31, 1997 Current to June 20, 2022 Government Services, 1999 SCHEDULE 2 SCHEDULE 2 (Subsections 15(1) and 20(3) and section 27) 1 Group specific agreement for the Correctional (supervisory) Group between the employer and the bargaining agent that expired May 31, 1997 2 Group specific agreement for the Correctional (nonsupervisory) Group between the employer and the bargaining agent that expired May 31, 1997 Current to June 20, 2022

CONSOLIDATION Greenhouse Gas Technology Investment Fund Act [Repealed before coming into force, 2008, c. 20, s. 3] NOTE [Enacted by section 96 of chapter 30 of the Statutes of Canada, 2005, repealed before coming into force, see 2008, c. 20, s. 3.] Current to June 20, 2022 Last amended on January 1, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 January 1, 2016 TABLE OF PROVISIONS An Act to establish the Greenhouse Gas Technology Investment Fund for the reduction of greenhouse gas emissions and the removal of greenhouse gases from the atmosphere Current to June 20, 2022 Last amended on January 1, 2016 ii

CONSOLIDATION Government Organization Act, Atlantic Canada, 1987 R.S.C. 1985, c. 41 (4th Supp.) NOTE [1988, c. 50, assented to 18th August, 1988] Current to June 20, 2022 Last amended on January 1, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 January 1, 2012 TABLE OF PROVISIONS An Act to increase opportunity for economic development in Atlantic Canada, to establish the Atlantic Canada Opportunities Agency and Enterprise Cape Breton Corporation and to make consequential and related amendments to other Acts Short Title 1 Short title PART III Consequential and Related Amendments Coming into Force *57 Coming into force Current to June 20, 2022 Last amended on January 1, 2012 ii R.S.C. 1985, c. 41 (4th Supp.) An Act to increase opportunity for economic development in Atlantic Canada, to establish the Atlantic Canada Opportunities Agency and Enterprise Cape Breton Corporation and to make consequential and related amendments to other Acts Short Title Short title 1 This Act may be cited as the Government Organization Act, Atlantic Canada, 1987. PART I 2 to 24 [See Atlantic Canada Opportunities Agency Act] PART II 25 to 44 [See Enterprise Cape Breton Corporation Act] PART III Consequential and Related Amendments 45 to 56 [Amendments] Current to June 20, 2022 Last amended on January 1, 2012 Government Organization Act, Atlantic Canada, 1987 Coming into Force Section 57 Coming into Force Coming into force 57 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 1 to 24, 45 and 53 to 56 in force September 15, 1988, see SI/88-152; sections 25 to 44 and 46 to 51 in force December 1, 1988, see SI/88-140; section 52 repealed before coming into force, see 2008, c. 20, s. 3.] * Current to June 20, 2022 Last amended on January 1, 2012

CONSOLIDATION Greenhouse Gas Pollution Pricing Act S.C. 2018, c. 12, s. 186 NOTE [Enacted by section 186 of chapter 12 of the Statutes of Canada, 2018, in force on assent June 21, 2018.] Current to June 20, 2022 Last amended on June 9, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 9, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 9, 2022 TABLE OF PROVISIONS An Act to mitigate climate change through the panCanadian application of pricing mechanisms to a broad set of greenhouse gas emission sources and to make consequential amendments to other Acts Short Title 1 Short title Her Majesty 2 Her Majesty PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation 3 Definitions Meaning of administration or enforcement of this Part Covered facility of a person Arm’s length Exclusive economic zone and continental shelf General Rules of Application 8 Determining quantities — litres Determining quantities Fuel brought into a listed province Fuel in transit through a listed province Fuel imported in a listed province Importer Delivery of marketable natural gas — distribution system Substance marketed as fuel Mixtures Current to June 20, 2022 Last amended on June 9, 2022 ii Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste 17 Charge — delivery by registered distributor Charge — use by registered distributor Charge — bringing into a listed province Application Charge — production Charge — diversion from covered facility Charge — diversion by registered user Charge — diversion by a farmer 24.1 Charge — delivery in a listed province Charge — combustible waste Charge — regulations Charge not payable — regulations SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers 28 Net fuel quantity — registered specified air or marine carrier Net fuel quantity — registered specified rail carrier Net fuel quantity — registered air or marine carrier Net fuel quantity — registered rail carrier Net fuel quantity — registered road carrier Annual net fuel adjustment — rail carrier Charge — net fuel quantity Charge — annual net fuel adjustment SUBDIVISION C Exemption Certificate 36 Exemption certificate Charge — false declaration Current to June 20, 2022 Last amended on June 9, 2022 iv Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS SUBDIVISION D Application of Charge in Special Circumstances 38 Charge — fuel held on adjustment day Charge — ceasing to be registered SUBDIVISION E Amount of Charge 40 Charge amount — fuel Charge amount — combustible waste DIVISION 3 Rebates 42 Statutory recovery rights Rebate — fuel removed from listed province Rebate — fuel brought to covered facility Rebate — fuel used in non-covered activity Rebate — net fuel quantity Rebate — annual net fuel adjustment Rebate — regulations Rebate — payment in error Restriction on rebate Restriction on rebate Application for rebate Single application Restriction — bankruptcy DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration 55 Distributor — registration required Importer — registration required Emitter — registration permitted User of fuel — registration permitted User of combustible waste — registration required Air carrier — registration required Current to June 20, 2022 Last amended on June 9, 2022 v Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS Marine carrier — registration required Rail carrier — registration required Road carrier — registration required Application for registration Cancellation of registration Security Registrations not statutory instruments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay 68 Definition of calendar quarter Filing required Form and content Net charge — obligation Overpayment of rebate or interest Reportable amount DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives 74 Definitions Estate or succession of a deceased individual Definitions Distribution by trust SUBDIVISION B Amalgamation and Winding-up 78 Amalgamations Winding-up SUBDIVISION C Partnerships and Joint Ventures 80 Partnerships Joint ventures SUBDIVISION D Anti-avoidance 82 Definitions Definitions Current to June 20, 2022 Last amended on June 9, 2022 v Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS DIVISION 6 Administration and Enforcement SUBDIVISION A Payments 84 Person resident in Canada Set-off of rebates Large payments Small amounts owing Authority for separate returns Definition of electronic filing Execution of returns, etc. Extension of time Demand for return SUBDIVISION B Administration and Officers 93 Minister’s duty Staff Administration of oaths Inquiry SUBDIVISION C Interest 97 Compound interest on amounts not paid when required Compound interest on amounts owed by Her Majesty Application of interest provisions if Part amended Waiving or reducing interest Cancellation of penalties and interest SUBDIVISION D Financial Administration Act and Service Fees Act 102 Dishonoured instruments Service Fees Act SUBDIVISION E Records and Information 104 Keeping records Electronic funds transfer Requirement to provide information or record Definitions Current to June 20, 2022 Last amended on June 9, 2022 vi Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS SUBDIVISION F Assessments 108 Assessment Assessment of rebate Notice of assessment Limitation period for assessments Payment of rebates and other amounts SUBDIVISION G Objections to Assessment 113 Objection to assessment Extension of time by Minister SUBDIVISION H Appeal 115 Extension of time by Tax Court of Canada Appeal to Tax Court of Canada Extension of time to appeal Limitation on appeals to the Tax Court of Canada Institution of appeals Disposition of appeal References to Tax Court of Canada Reference of common questions to Tax Court of Canada SUBDIVISION I Penalties 123 Failure to file a return when required Failure to file by electronic transmission Waiving or cancelling penalties Failure to register General penalty Failure to answer demand Failure to provide information Failure to provide information False statements or omissions SUBDIVISION J Offences and Punishment 132 Offence for failure to file return or to comply with demand or order Offences for false or deceptive statement Offence — confidential information Current to June 20, 2022 Last amended on June 9, 2022 vi Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS Failure to pay charge General offence Compliance orders Officers of corporations, etc. Power to decrease punishment Information or complaint SUBDIVISION K Inspections 141 By whom Compliance order Search warrant Definition of foreign-based information or record Copies Compliance Information respecting non-resident persons SUBDIVISION L Collection 148 Definitions Security Collection restrictions Over $10,000,000 — security Certificates Garnishment Recovery by deduction or set-off Acquisition of debtor’s property Money seized from debtor Seizure Person leaving Canada or defaulting Definitions Compliance by unincorporated bodies Charge liability — transfers not at arm’s length SUBDIVISION M Evidence and Procedure 162 Service Timing of receipt Proof of service Current to June 20, 2022 Last amended on June 9, 2022 ix Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS DIVISION 7 Distribution of Fuel Charge 165 Definition of net amount DIVISION 8 Regulations 166 Regulations Incorporation by reference — limitation removed Definition of fuel charge system PART 2 Industrial Greenhouse Gas Emissions Interpretation 169 Definitions Conversion into CO2e tonnes DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Registration of Covered Facilities 171 Application for registration Designation of facility as covered facility Reporting, Compensation and Compliance Units 173 Reporting requirement Compensation for excess emissions Issuance of surplus credits Errors and omissions Errors and omissions Change in obligations Retirement of compliance units Suspension or revocation of compliance units Issuance error or invalidity Recovery of Compensation 182 Ministerial power Debts to Her Majesty Certificate Tracking System 185 Establishment and maintenance Current to June 20, 2022 Last amended on June 9, 2022 x Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS Accounts Records 187 Keeping records Revenues 188 Distribution — charge payments Orders and Regulations 189 Amendments to Part 2 of Schedule 1 189.1 Non-application Amendments to Schedule 3 Amendments to Schedule 4 Regulations Transitional measures Effect Regulations — offset credit system Delegation 196 Delegation DIVISION 2 Information and Samples 197 Purposes Regulations — information Errors and omissions DIVISION 3 Administration and Enforcement Interpretation 200 Definitions Designation of Enforcement Officers and Analysts 201 Designation Immunity Powers 203 Authority to enter Warrant to enter dwelling-house Production of documents and samples Assistance to Enforcement Officers and Analysts 206 Entry on private property Assistance False or misleading statements Obstruction Current to June 20, 2022 Last amended on June 9, 2022 x Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS Disposition of Things Seized 210 Custody of things seized Disposition by Minister Liability for costs Jurisdiction of Justices and Judges — Exclusive Economic Zone of Canada and Waters Above the Continental Shelf of Canada 213 Jurisdiction of justices and judges Compliance Orders 214 Definitions Order Notice of intent Compliance with the order Intervention by enforcement officer Recovery of reasonable costs and expenses by Her Majesty Variation or cancellation of order Regulations Request for review Review of order Immunity Voluntary Reports 225 Voluntary reports Application for Investigation of Offences 226 Application for investigation by Minister Investigation by Minister Progress reports Sending evidence to Attorney General of Canada Discontinuation of investigation Injunctions 231 Injunctions DIVISION 4 Offences and Punishment Offences 232 Offences Offences Determination of small revenue organization status Relief from minimum fine Current to June 20, 2022 Last amended on June 9, 2022 xi Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS Deeming — second and subsequent offence Additional fine Notice to shareholders Limitation period Offence for each tonne Regulations Liability of senior officers Proof of offence Defence Certificate of analyst Regulations Sentencing 247 Fundamental purpose Principles Orders of court Suspended sentence Application of fines Registry 252 Publication of information about contraventions DIVISION 5 Miscellaneous Agreements Respecting Administration and Enforcement 253 Negotiation of agreement Confidentiality 254 Request for confidentiality Additional justification Regulations Regulations 257 Variation Incorporation by reference — limitation removed Regulations not mandatory Service Fees Act 260 Service Fees Act Review 261 Review Current to June 20, 2022 Last amended on June 9, 2022 xi Greenhouse Gas Pollution Pricing TABLE OF PROVISIONS PART 3 Application of Provincial Schemes 262 Definitions Regulations Statutory Instruments Act Service Fees Act Federal Courts Act Exclusive economic zone and continental shelf Amounts collected Liability for acts and omissions PART 4 Report to Parliament 270 Annual report SCHEDULE 1 Provinces and Areas SCHEDULE 2 Charge Rates SCHEDULE 3 SCHEDULE 4 Current to June 20, 2022 Last amended on June 9, 2022 xi S.C. 2018, c. 12, s. 186 An Act to mitigate climate change through the pan-Canadian application of pricing mechanisms to a broad set of greenhouse gas emission sources and to make consequential amendments to other Acts [Assented to 21st June 2018] Preamble Whereas there is broad scientific consensus that anthropogenic greenhouse gas emissions contribute to global climate change; Whereas recent anthropogenic emissions of greenhouse gases are at the highest level in history and present an unprecedented risk to the environment, including its biological diversity, to human health and safety and to economic prosperity; Whereas impacts of climate change, such as coastal erosion, thawing permafrost, increases in heat waves, droughts and flooding, and related risks to critical infrastructures and food security are already being felt throughout Canada and are impacting Canadians, in particular the Indigenous peoples of Canada, low-income citizens and northern, coastal and remote communities; Whereas Parliament recognizes that it is the responsibility of the present generation to minimize impacts of climate change on future generations; Whereas the United Nations, Parliament and the scientific community have identified climate change as an international concern which cannot be contained within geographic boundaries; Whereas Canada has ratified the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992, which entered into force in 1994, and the objective of that Convention is the stabilization of greenhouse gas concentrations in the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system; Whereas Canada has also ratified the Paris Agreement, done in Paris on December 12, 2015, which entered into force in 2016, and the aims of that Agreement include holding the increase in the global average temperature to well below 2°C above pre-in‐ dustrial levels and pursuing efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognizing that this would significantly reduce the risks and impacts of climate change; Whereas the Government of Canada is committed to achieving Canada’s Nationally Determined Contribution – and increasing it over time – under the Paris Agreement by taking comprehensive action to reduce emissions across all sectors of the economy, accelerate clean economic growth and build resilience to the impacts of climate change; Whereas it is recognized in the Pan-Canadian Framework on Clean Growth and Climate Change that climate change is a national problem that requires immediate action by all governments in Canada as well as by industry, non-governmental organizations and individual Canadians; Whereas greenhouse gas emissions pricing is a core element of the Pan-Canadian Framework on Clean Growth and Climate Change; Whereas behavioural change that leads to increased energy efficiency, to the use of cleaner energy, to the adoption of cleaner technologies and practices and to innovation is necessary for effective action against climate change; Whereas the pricing of greenhouse gas emissions on a basis that increases over time is an appropriate and efficient way to create incentives for that behavioural change; Whereas greenhouse gas emissions pricing reflects the “polluter pays” principle; Whereas some provinces are developing or have implemented greenhouse gas emissions pricing systems; Whereas the absence of greenhouse gas emissions pricing in some provinces and a lack of stringency in some provincial greenhouse gas emissions pricing systems could contribute to significant deleterious effects on the environment, including its biological diversity, on human health and safety and on economic prosperity; And whereas it is necessary to create a federal greenhouse gas emissions pricing scheme to ensure that, taking provincial greenhouse gas emissions pricing Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act Short Title Sections 1-3 systems into account, greenhouse gas emissions pricing applies broadly in Canada; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Greenhouse Gas Pollution Pricing Act. Her Majesty Her Majesty 2 This Act is binding on Her Majesty in right of Canada or a province. PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Definitions 3 The following definitions apply in this Part, Part 1 of Schedule 1 and Schedule 2. adjustment day means any of commencement day, January 1, 2019, January 1, 2020, January 1, 2021, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 January 1, 2022 and any prescribed day or any day meeting prescribed conditions. (date d’ajustement) aircraft means any conveyance that is suitable for the transportation of individuals or goods by air. (aéronef) assessment means an assessment under this Part and includes a reassessment. (cotisation) aviation gasoline means a substance suitable for generating power by means of an aircraft engine other than a turbine. (essence d’aviation) aviation turbo fuel means a substance suitable for generating power by means of an aircraft engine that is a turbine. (carburéacteur) bank means a bank as defined in section 2 of the Bank Act or an authorized foreign bank, as defined in that section, that is not subject to the restrictions and requirements referred to in subsection 524(2) of that Act. (banque) biodiesel means (a) a particular substance (i) that is (A) made up of mono-alkyl esters of long chain fatty acids derived entirely from biological matter available on a renewable or recurring basis, or (B) made from plant or animal matter using a hydrogenation process, (ii) that may contain other substances, materials or things, that are not described in subparagraph (i) if the combined proportion of those other substances, materials or things does not exceed 1.5% of the particular substance, and (iii) that is suitable for generating power by means of a diesel engine or for use in a furnace, boiler or open flame burner when used (A) on its own, (B) after being blended with light fuel oil, or (C) after being blended with a light fuel oil-like blendstock to produce light fuel oil; or (b) a prescribed substance, material or thing. (biodiesel) Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 biogasoline means (a) a particular substance (i) that is derived entirely from biological matter available on a renewable or recurring basis, (ii) that may contain water if the proportion of the water does not exceed 1% of the particular substance, (iii) that may contain other substances, materials or things that are not described in subparagraph (i) or (ii) if the combined proportion of those other substances, materials or things does not exceed 6% of the particular substance, and (iv) that is suitable for generating power by means of an internal combustion engine other than a diesel engine when used (A) on its own, (B) after being blended with gasoline, or (C) after being blended with a gasoline-like blendstock to produce gasoline; or (b) a prescribed (bioessence) substance, material or thing. biomethane means (a) a substance that is derived entirely from biological matter available on a renewable or recurring basis and that is primarily methane; or (b) a prescribed substance, material or thing. (biométhane) coke means a solid carbonaceous residue that (a) is derived from low-ash, low-sulfur bituminous coal from which the volatile constituents are driven off by baking in an oven with the result that the fixed carbon and residual ash are fused together; and (b) is suitable as a source of energy. (coke) coke oven gas means gas that is recovered from the carbonization of coal at high temperatures in a coke oven for the production of coke and that is suitable as a source of energy. (gaz de four à coke) combustible waste means Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 (a) tires or asphalt shingles whether in whole or in part; or (b) a prescribed substance, material or thing. (déchet combustible) commencement day means the earliest day on which any of sections 17 to 26 may apply in a listed province. (date de référence) Commissioner means, except in sections 95, 96 and 164 the Commissioner of Revenue appointed under section 25 of the Canada Revenue Agency Act. (commissaire) confirmed delivery service means certified or registered mail or any other delivery service that provides a record that a notice or document has been sent or delivered. (service de messagerie) covered air journey in respect of a listed province means a journey by aircraft that is (a) from a particular location to another location, both of which are in the listed province; or (b) a prescribed journey or a journey meeting prescribed conditions. (itinéraire aérien assujetti) covered facility means a facility or property that is (a) a covered facility within the meaning of section 169 that is registered by the Minister of the Environment under section 171 other than a prescribed facility or property, a facility or property of a prescribed class or a facility or property meeting prescribed conditions; or (b) a prescribed facility or property, a facility or property of a prescribed class or a facility or property meeting prescribed conditions. (installation assujettie) covered marine journey in respect of a listed province means a journey by vessel that is (a) from a particular location to another location, both of which are in the listed province; or (b) a prescribed journey or a journey meeting prescribed conditions. (itinéraire maritime assujetti) delivery in respect of fuel or in respect of a substance, material or thing includes, except in the definition confirmed delivery service and in Division 6, making the fuel, substance, material or thing available. (livraison) distribution system means a pipe or any system or arrangement of pipes for the delivery or distribution of Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 marketable natural gas to ultimate consumers or users. (réseau de distribution) eligible farming activity means (a) the operation of eligible farming machinery on a farm for the purposes of farming; (b) the operation of eligible farming machinery for the purposes of going from a location at a farm to another location at a farm; or (c) a prescribed activity. (activité agricole admissible) eligible farming machinery means property that is primarily used for the purposes of farming and that is (a) a farm truck or a tractor; (b) a vehicle not licensed to be operated on a public road; (c) an industrial machine or a stationary or portable engine; or (d) prescribed property; but does not include (e) a vehicle that is an automobile as defined in subsection 248(1) of the Income Tax Act; (f) property that is used for the purpose of providing heating or cooling to a building or similar structure; or (g) prescribed property. (machinerie agricole admissible) eligible fishing activity means the operation of an eligible fishing vessel for the purposes of fishing or a prescribed activity. (activité de pêche admissible) eligible fishing vessel means property that is primarily used for the purposes of fishing and that is a fishing vessel or prescribed property, but does not include prescribed property. (navire de pêche admissible) excluded air journey means a journey by aircraft that (a) begins or ends in a listed province other than (i) a covered air journey, or (ii) a prescribed journey or a journey meeting prescribed conditions; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 (b) is a prescribed journey or a journey meeting prescribed conditions. (itinéraire aérien exclu) excluded marine journey means a journey by vessel that (a) begins or ends in a listed province other than (i) a covered marine journey, or (ii) a prescribed journey or a journey meeting prescribed conditions; or (b) is a prescribed journey or a journey meeting prescribed conditions. (itinéraire maritime exclu) farmer means a person that carries on a farming business with a reasonable expectation of profit. (agriculteur) farming includes tillage of the soil, livestock raising or exhibiting, maintaining of horses for racing, raising of poultry, fur farming, dairy farming, fruit growing and the keeping of bees, but does not include an office or employment under a person engaged in the business of farming. (agriculture) fisher means a person that carries on a fishing business with a reasonable expectation of profit. (pêcheur) fishing includes fishing for or catching shellfish, crustaceans and marine animals but does not include an office or employment under a person engaged in the business of fishing. (pêche) fuel means (a) a substance, material or thing set out in column 2 of any table in Schedule 2, other than (i) combustible waste, (ii) a substance, material or thing that is prepackaged in a factory sealed container of 10 L or less, or (iii) a prescribed substance, material or thing; and (b) a prescribed substance, material or thing. (combustible) gas liquids means a mixture in gaseous or liquid form that consists of two or more of ethane, propane, butane or pentanes plus and that (a) is separated, as a result of processing, from natural gas or crude oil for the first time; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 (b) has not been (i) analyzed to assess composition, or (ii) processed into separate identifiable fuels; and (c) is not a mixture of ethane, propane, butane or pentanes plus created after the ethane, propane, butane or pentanes plus have been processed into separate identifiable fuels and subsequently remixed into a blend of one or more of the fuels. (liquides de gaz) gasoline means a substance, including biogasoline, that is suitable for generating power by means of an internal combustion engine other than a diesel engine and that is not any other type of fuel. (essence) heavy fuel oil means a substance that is not petroleum coke and that is made up of a distillate or a residual of crude oil and that has a viscosity greater than 14 centistokes at 50°C. (mazout lourd) high heat value coal means coal with a heating value exceeding 27,000 kJ/kg. (charbon à pouvoir calorifique supérieur) import means import into Canada. (importation) interjurisdictional air carrier in respect of a type of fuel means a person that, in the course of providing a commercial service of transporting individuals or goods by aircraft, uses fuel of that type, in the ordinary course of business, in excluded air journeys. (transporteur aérien entre administrations) interjurisdictional marine carrier in respect of a type of fuel means a person that, in the course of providing a commercial service of transporting individuals or goods by vessel, uses fuel of that type, in the ordinary course of business, in excluded marine journeys. (transporteur maritime entre administrations) interjurisdictional rail carrier in respect of a type of fuel means a person that uses fuel of that type, in the ordinary course of business, in a listed province in the course of providing a commercial service of transporting individuals or goods by rail (a) from one province to another province; or (b) between a place in Canada and a place outside Canada. (transporteur ferroviaire entre administrations) journey means the transportation of individuals or goods by aircraft or vessel from a particular location to Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 another location where the aircraft or vessel is next stopped if any of the following activities occurs at the particular location and if any of the following activities occurs at the other location: (a) individuals embark or disembark the aircraft or vessel; (b) goods are loaded onto or removed from the aircraft or vessel; or (c) the aircraft or vessel is stopped to allow for its servicing or refuelling or for emergency or safety purposes. (itinéraire) judge in respect of any matter, means a judge of a superior court having jurisdiction in the province in which the matter arises or a judge of the Federal Court. (juge) kerosene means a light petroleum distillate that meets the requirements of the National Standard of Canada CAN/CGSB-3.3, Kerosene, as amended from time to time, but does not include aviation turbo fuel. (kérosène) light fuel oil means a substance that (a) is made up of (i) a distillate or a residual of crude oil that has a viscosity not greater than 14 centistokes at 50°C, or (ii) biodiesel; (b) is suitable for generating power by means of a diesel engine or is suitable for use in a furnace, boiler or open flame burner; and (c) is not butane, ethane, gas liquids, aviation turbo fuel, kerosene, naphtha, propane, pentanes plus or still gas. (mazout léger) listed province means a province or area listed in Part 1 of Schedule 1. (province assujettie) locomotive includes self-propelled on-track railway equipment but does not include vehicles that are suitable for movement both on and off lines of railway. (locomotive) low heat value coal means coal with a heating value of 27,000 kJ/kg or less. (charbon à pouvoir calorifique inférieur) marketable natural gas means natural gas that consists of at least 90% methane and that meets the specifications Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 for pipeline transport and sale for general distribution to the public. (gaz naturel commercialisable) methanol does not include methanol derived entirely from biological matter available on a renewable or recurring basis. (méthanol) Minister means the Minister of National Revenue. (ministre) mixture means a substance, material or thing that is a combination of two or more types of fuel. (mélange) naphtha means a refined or partially refined petroleum fraction with an approximate boiling temperature between 50°C and 204°C other than aviation gasoline, aviation turbo fuel, gasoline, heavy fuel oil, kerosene, light fuel oil or petroleum coke. (naphta) natural gas includes a combination of natural gas and biomethane but does not include still gas. (gaz naturel) net charge for a reporting period of a person means the amount determined for the reporting period of the person under subsection 71(2). (redevance nette) non-covered activity means an activity in respect of which fuel (a) is used (i) as a raw material in an industrial process that produces another fuel or another substance, material or thing, (ii) as a solvent or diluent in the production or transport of crude bitumen or another substance, material or thing, or (iii) in prescribed circumstances; and (b) is not put into a fuel system that produces heat or energy and is not burned or flared. (activité non assujettie) non-marketable natural gas means natural gas other than marketable natural gas. (gaz naturel non commercialisable) officer means, except in sections 90, 138 and 160, (a) a person who is appointed or employed in the administration or enforcement of this Part; and (b) with respect to imported goods that have not been released under the Customs Act, an officer as defined in subsection 2(1) of that Act. (préposé) Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 pentanes plus means a substance that is obtained from the production or processing of raw gas, condensate or crude oil, that is not any other type of fuel and that is (a) pentane; (b) hydrocarbons heavier than pentane; or (c) a combination of pentane and heavier hydrocarbons. (pentanes plus) person means an individual, a partnership, a corporation, the estate or succession of a deceased individual, a trust, a joint venture, a government or a body that is a society, a union, a club, an association, a commission or another organization of any kind. (personne) personal representative of a deceased individual or the estate or succession of a deceased individual, means the executor of the individual’s will, the liquidator of the individual’s succession, the administrator of the estate or any person that is responsible under the appropriate law for the proper collection, administration, disposition and distribution of the assets of the estate or succession. (représentant personnel) petroleum coke includes (a) a carbonaceous solid produced from an oil refinery coke unit or an oil or bitumen upgrader coker unit; (b) a carbonaceous solid produced from a cracking process, including coking, fluid coking, flexicoking and delayed coking; or (c) any substance commonly referred to as “green coke” or “fuel grade coke”. (coke de pétrole) prescribed means (a) in the case of a form or the manner of filing a form, authorized by the Minister; (b) in the case of the information to be given on or with a form, specified by the Minister; (c) in the case of the manner of making or filing an election, authorized by the Minister; and (d) in any other case, prescribed by regulation or determined in accordance with rules prescribed by regulation. (Version anglaise seulement) produce means, in respect of fuel, to obtain fuel or bring fuel into existence by any method or process including Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 (a) mining, extracting, removing or otherwise obtaining from the earth; (b) manufacturing, synthesizing, refining or blending; or (c) using any means of altering the chemical or physical properties of a substance, material or thing. (production) qualifying aviation fuel means a type of fuel that is aviation gasoline, aviation turbo fuel or a prescribed type of fuel. (combustible d’aviation admissible) qualifying farming fuel means a type of fuel that is gasoline, light fuel oil or a prescribed type of fuel. (combustible agricole admissible) qualifying fishing fuel means a type of fuel that is gasoline, light fuel oil or a prescribed type of fuel. (combustible de pêche admissible) qualifying marine fuel means a type of fuel that is heavy fuel oil, light fuel oil, marketable natural gas or a prescribed type of fuel. (combustible maritime admissible) qualifying motive fuel means a type of fuel that is gasoline, light fuel oil, marketable natural gas, propane or a prescribed type of fuel. (combustible moteur admissible) qualifying rail fuel means a type of fuel that is light fuel oil, marketable natural gas or a prescribed type of fuel. (combustible ferroviaire admissible) rate in respect of a type of fuel, or in respect of combustible waste, for a listed province at a particular time means (a) unless paragraph (b) applies, the rate set out in column 5 of the table in Schedule 2 that is applicable for the period of time that includes the particular time and that is opposite (i) that type of fuel or combustible waste, as the case may be, set out in column 2 of that table, and (ii) the name of that listed province set out in column 4 of that table; and (b) if prescribed circumstances exist or prescribed conditions are met, the prescribed rate or the rate determined in prescribed manner that is applicable at the particular time for that listed province and for that Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 type of fuel or combustible waste, as the case may be. (taux) record means any material on which representations, in any form, of information or concepts are recorded or marked and that is capable of being read or understood by a person or a computer system or other device. (registre) registered air carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as an air carrier in respect of that type of fuel. (transporteur aérien inscrit) registered distributor in respect of a type of fuel means a person that is registered under Division 4 of this Part as a distributor in respect of that type of fuel. (distributeur inscrit) registered emitter means a person that is registered under Division 4 of this Part as an emitter. (émetteur inscrit) registered importer in respect of a type of fuel means a person that is registered under Division 4 of this Part as an importer in respect of that type of fuel. (importateur inscrit) registered marine carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as a marine carrier in respect of that type of fuel. (transporteur maritime inscrit) registered rail carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as a rail carrier in respect of that type of fuel. (transporteur ferroviaire inscrit) registered road carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as a road carrier in respect of that type of fuel. (transporteur routier inscrit) registered specified air carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as a specified air carrier in respect of that type of fuel. (transporteur aérien désigné inscrit) registered specified marine carrier in respect of a type of fuel means a person that is registered under Division 4 of this Part as a specified marine carrier in respect of that type of fuel. (transporteur maritime désigné inscrit) registered specified rail carrier in respect of a type of fuel means a person that is registered under Division 4 of Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Section 3 this Part as a specified rail carrier in respect of that type of fuel. (transporteur ferroviaire désigné inscrit) registered user in respect of a type of fuel or in respect of combustible waste means a person that is registered under Division 4 of this Part as a user in respect of that type of fuel or in respect of combustible waste. (utilisateur inscrit) reporting period of a person means the reporting period of the person as determined under section 68. (période de déclaration) specified commercial vehicle means a vehicle (a) that is used to provide commercial transportation of individuals or goods by road (i) from one province to another province, or (ii) from a particular location to another location if one location is in Canada and one location is outside Canada; (b) that (i) has two axles and a gross vehicle weight exceeding 11,797 kg, (ii) has three or more axles regardless of weight, or (iii) when combined with the trailer with which it is used, has a gross vehicle weight exceeding 11,797 kg; and (c) that is not a recreational vehicle, including a motor home, bus or pickup truck with attached camper, if used solely for a particular individual’s personal use or enjoyment or the personal use or enjoyment of any other individual at the particular individual’s expense. (véhicule commercial désigné) still gas means gas suitable for use in an oil refinery that is produced as a result of distillation, cracking, reforming or other oil refining processes. (gaz de distillation) supply tank means a receptacle of a vehicle in which fuel is held for use in the operation of (a) the vehicle; (b) an auxiliary component of the vehicle; or (c) an auxiliary component of another vehicle, if the other vehicle is attached to the vehicle. (réservoir d’alimentation) Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Sections 3-5 use includes flaring but does not include venting. (utilisation) vehicle means any conveyance that is suitable for the transportation of individuals or goods by water, land or air. (véhicule) vessel means any conveyance that is suitable for the transportation of individuals or goods by water. (navire) Meaning of administration or enforcement of this Part 4 (1) For greater certainty, a reference in this Part to the administration or enforcement of this Part includes the collection of any amount payable under this Part. Regulations under this Part (2) For greater certainty, a reference to “this Part” in section 3, subsection 4(1) or sections 5 to 168 is to be read as a reference to “this Part or regulations made under this Part”. Covered facility of a person 5 For the purposes of this Part, a covered facility is a covered facility of a person if (a) a covered facility certificate in respect of the covered facility has been issued to the person by the Minister of the Environment under section 171; or (b) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions in respect of the covered facility. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application Interpretation Sections 5-8 Arm’s length 6 (1) For the purposes of this Part, (a) related persons are deemed not to deal with each other at arm’s length; and (b) it is a question of fact whether persons not related to each other are, at any particular time, dealing with each other at arm’s length. Related persons (2) For the purposes of this Part, persons are related to each other if they are related persons within the meaning of subsection 6(2) of the Excise Act, 2001. Exclusive economic zone and continental shelf 7 For greater certainty, an area, for the purposes of this Part, may include all or part of the exclusive economic zone of Canada or the continental shelf of Canada. General Rules of Application Determining quantities — litres 8 (1) Unless any of subsections (5), (6) and (8) apply, for the purpose of determining a quantity of fuel of a certain type under this Part, if the rate in respect of that type of fuel is expressed in $/litre, the quantity of fuel is the number of litres that the fuel would occupy at 15°C. Determining quantities — cubic metres (2) Unless subsection (7) or (8) applies, for the purpose of determining a quantity of fuel of a certain type under this Part, if the rate in respect of that type of fuel is expressed in $/cubic metre, the quantity of fuel is the number of cubic metres that the fuel would occupy at 15°C and 101.325 kPa. Determining quantities — coal (3) Unless subsection (8) applies, for the purpose of determining a quantity of high heat value coal or low heat value coal under this Part, the quantity of coal is the weight of the coal measured in tonnes and normalized to (a) 7.7% moisture by weight in the case of high heat value coal; or (b) 19% moisture by weight in the case of low heat value coal. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application General Rules of Application Section 8 Determining quantities — coke (4) Unless subsection (8) applies, for the purpose of determining a quantity of coke under this Part, the quantity of coke is the weight of the coke measured in tonnes and, if a moisture content is prescribed, normalized to the prescribed moisture content. Gasoline with proportion of biogasoline exceeding 10% (5) Unless subsection (8) applies, if a quantity of gasoline contains a particular proportion of biogasoline (expressed as a percentage) that exceeds 10%, the quantity of gasoline is deemed, for the purpose of this Part, to be the number of litres determined by the formula A × (100% – B)/95% where A is the number of litres that the gasoline would occupy at 15°C; and B is the particular proportion. Light fuel oil with proportion of biodiesel exceeding 5% (6) Unless subsection (8) applies, if a quantity of light fuel oil contains a particular proportion of biodiesel (expressed as a percentage) that exceeds 5%, the quantity of light fuel oil is deemed, for the purpose of this Part, to be the number of litres determined by the formula A × (100% – B)/98% where A is the number of litres that the light fuel oil would occupy at 15°C; and B is the particular proportion. Natural gas that contains biomethane (7) Unless subsection (8) applies, if a quantity of marketable natural gas or non-marketable natural gas contains a particular proportion of biomethane (expressed as a percentage), for the purpose of this Part, the quantity of marketable natural gas or non-marketable natural gas is deemed to be the number of cubic metres determined by the formula A × (100% – B) where Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application General Rules of Application Sections 8-11 A is the number of cubic metres that the marketable natural gas or non-marketable natural gas would occupy at 15°C and 101.325 kPa; and B is the particular proportion. Determining quantities — prescribed type of fuel (8) For the purpose of determining a quantity under this Part of a prescribed type of fuel, the quantity of fuel of that type is determined in prescribed manner if prescribed conditions are met. Determining quantities 9 Any determination of a quantity of fuel under this Part is to be made in a manner satisfactory to the Minister. Fuel brought into a listed province 10 (1) For the purposes of this Part, if a particular person is transporting fuel on behalf of another person and the fuel is, at a particular time, brought into a listed province in the course of being transported to a location in the listed province, the other person and not the particular person is deemed to have brought the fuel into the listed province at the particular time. Fuel removed from a listed province (2) For the purposes of this Part, if a particular person is transporting fuel on behalf of another person and the fuel is, at a particular time, removed from a listed province in the course of being transported to a location outside the listed province, the other person and not the particular person is deemed to have removed the fuel from the listed province at the particular time. Fuel in transit through a listed province 11 For the purposes of this Part, if a person at a particular time brings a quantity of fuel into a listed province from a place in Canada, if the fuel is being brought into the listed province in the course of the transportation of the fuel to a place outside the listed province, if the fuel is transported without being stored in the listed province (otherwise than in a manner that is solely incidental to the transportation) and if the person is a registered emitter or is registered under Division 4 of this Part in respect of that type of fuel otherwise than only as a road carrier, then the fuel is deemed not to have been brought into the listed province at the particular time. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application General Rules of Application Sections 12-15 Fuel imported in a listed province 12 For the purposes of this Part, if a person at a particular time imports a quantity of fuel at a location in a listed province, if the fuel is imported in the course of the transportation of the fuel to a place outside the listed province, if the fuel is transported without being stored in the listed province (otherwise than in a manner that is solely incidental to the transportation) and if the person is a registered emitter or is registered under Division 4 of this Part in respect of that type of fuel otherwise than only as a road carrier, then the fuel is deemed not to have been imported at a location in the listed province at the particular time. Importer 13 For the purposes of this Part, the person that is considered to import fuel is the importer, owner or other person that is liable under the Customs Act to pay duty levied under section 20 of the Customs Tariff on the fuel or that would be liable to pay that duty on the fuel if the fuel were subject to that duty. Delivery of marketable natural gas — distribution system 14 For the purposes of this Part, if marketable natural gas is delivered to a particular person by means of a distribution system, the person that is considered to deliver the marketable natural gas is (a) unless paragraph (b) applies, the person that measures, on a regular basis and for the purpose of billing the particular person or providing the particular person’s billing information to a third party, the particular person’s consumption or usage of marketable natural gas that is delivered by means of the distribution system; or (b) if prescribed circumstances exist or prescribed conditions are met, the person that is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions. Substance marketed as fuel 15 If a substance, material or thing is not fuel but is sold, represented or marketed as fuel of a particular type, the substance, material or thing is deemed, for the purposes of this Part, to be fuel of the particular type, except if the substance, material or thing is prepackaged in a factory sealed container of 10 L or less, is combustible waste or is a prescribed substance, material or thing. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 1 Interpretation and General Rules of Application General Rules of Application Sections 15-17 Mixtures 16 (1) A mixture is deemed to be fuel of the type that is present in the highest proportion in the mixture. Prescribed mixtures (2) Despite subsection (1), if prescribed conditions are met in respect of a mixture, the mixture is deemed to be fuel of a prescribed type. Non-application (3) This section does not apply to a substance, material or thing that would be fuel in the absence of subsections (1) and (2). DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Charge — delivery by registered distributor 17 (1) Subject to this Part, a particular registered distributor in respect of a type of fuel that delivers, at a particular time, fuel of that type in a listed province to another person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40. The charge becomes payable at the particular time. Charge not payable (2) The charge under subsection (1) is not payable if (a) the particular registered distributor delivers the fuel in the listed province to another person that is (i) in respect of that type of fuel, a registered distributor, a registered specified air carrier, a registered specified marine carrier, a registered specified rail carrier or a registered user, (ii) a registered emitter, (iii) a farmer, if the fuel is a qualifying farming fuel, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 17-18 (iii.1) a fisher, if the fuel is a qualifying fishing fuel and the listed province is prescribed, or (iv) a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, if prescribed circumstances exist; and (b) an exemption certificate applies in respect of the delivery in accordance with section 36. Charge not payable — ships’ stores (3) The charge under subsection (1) is not payable if the fuel is, in accordance with the Ships’ Stores Regulations, designated as ships’ stores for use on board a conveyance of a class prescribed under those regulations. Charge — use by registered distributor 18 (1) Subject to this Part, every registered distributor in respect of a type of fuel that uses, at a particular time, fuel of that type in a listed province must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40. The charge becomes payable at the particular time. Deemed use — supply tank (2) For the purposes of subsection (1), if a registered distributor in respect of a type of fuel transfers fuel of that type at a particular time into a supply tank of a vehicle (other than a specified commercial vehicle) of the registered distributor at a particular location and (a) if the particular location is in a listed province, the registered distributor is deemed to use the fuel at the particular time in the listed province; and (b) if the particular location is not in a listed province, the registered distributor is deemed to use the fuel at the particular time otherwise than in a listed province. Exception (3) Subsection (2) does not apply if the registered distributor is also a registered emitter and the particular location is a covered facility of the registered distributor. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 18-19 Charge not payable — used at a covered facility (4) The charge under subsection (1) is not payable to the extent that the fuel is used by the registered distributor at a covered facility of the registered distributor if the registered distributor is also a registered emitter. Charge not payable — used in a non-covered activity (5) The charge under subsection (1) is not payable to the extent that the fuel is used in a non-covered activity. Charge — bringing into a listed province 19 (1) Subject to this Part, every person that brings, at a particular time, fuel into a listed province from a place in Canada must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 if the person is a registered emitter or is, in respect of that type of fuel, a registered user, a registered importer, a registered air carrier, a registered marine carrier or a registered rail carrier. The charge becomes payable at the particular time. Charge — importation (2) Subject to this Part, every person that imports, at a particular time, fuel at a location in a listed province must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 if the person is a registered emitter or is, in respect of that type of fuel, a registered user, a registered importer, a registered air carrier, a registered marine carrier or a registered rail carrier. The charge becomes payable at the particular time. Non-application (3) Subsections (1) and (2) do not apply, in respect of a type of fuel, to a person that is a registered distributor in respect of that type of fuel. Charge not payable — supply tanks (4) The charge under subsection (1) or (2) is not payable if the fuel is brought in or imported in a supply tank of a vehicle and the fuel is for use in the operation of (a) the vehicle; (b) an auxiliary component of the vehicle; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 19-20 (c) an auxiliary component of another vehicle attached to the vehicle. Exception (5) Subsection (4) does not apply to fuel that is brought into a listed province, or imported at a location in a listed province, by a person (a) if the fuel is transported in a supply tank of a specified commercial vehicle of the person, the fuel is a type of qualifying motive fuel and the person (i) is a registered emitter or is, in respect of that type of fuel, a registered importer or a registered user, and (ii) is required to be registered under Division 4 of this Part as a road carrier in respect of that type of fuel but is not so registered; (b) if the fuel is brought in or imported in a supply tank of a locomotive and the person is an interjurisdictional rail carrier in respect of that type of fuel and is not, in respect of that type of fuel, registered as an air carrier, marine carrier or rail carrier; (c) to the extent that the fuel is brought in or imported in a supply tank of an aircraft for use in a covered air journey in respect of the listed province, if the person is an interjurisdictional air carrier in respect of that type of fuel and is not, in respect of that type of fuel, registered as an air carrier, marine carrier or rail carrier; or (d) to the extent that the fuel is brought in or imported in a supply tank of a vessel for use in a covered marine journey in respect of the listed province, if the person is an interjurisdictional marine carrier in respect of that type of fuel and is not, in respect of that type of fuel, registered as an air carrier, marine carrier or rail carrier. Application 20 (1) This section does not apply, in respect of a type of fuel, to a person that is Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 20 (a) a registered distributor in respect of that type of fuel; (b) a registered importer in respect of that type of fuel; (c) a registered specified air carrier or registered air carrier in respect of that type of fuel; (d) a registered specified marine carrier or registered marine carrier in respect of that type of fuel; (e) a registered specified rail carrier or registered rail carrier in respect of that type of fuel; (f) a registered emitter; or (g) a registered user in respect of that type of fuel. Charge — bringing into a listed province (2) Subject to this Part, every person that brings, at a particular time, fuel into a listed province from a place in Canada must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40. The charge becomes payable at the particular time. Charge — importation (3) Subject to this Part, every person that imports, at a particular time, fuel at a location in a listed province must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40. The charge becomes payable at the particular time. Application of Customs Act (4) The charge under subsection (3) is to be paid and collected under the Customs Act, and interest and penalties are to be imposed, calculated, paid and collected under that Act, as if the charge were a customs duty levied on the fuel under the Customs Tariff and, for those purposes, the Customs Act, with any modification that the circumstances require, applies subject to this Part. Charge not payable — small quantities (5) A charge under subsection (2) or (3) is not payable if the fuel is brought in or imported otherwise than in a supply tank of a vehicle, the fuel is gasoline, kerosene, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 20 light fuel oil or propane and the quantity of the fuel does not exceed 200 L. Charge not payable — supply tanks (6) A charge under subsection (2) or (3) is not payable if the fuel is brought in or imported in a supply tank of a vehicle and the fuel is for use in the operation of (a) the vehicle; (b) an auxiliary component of the vehicle; or (c) an auxiliary component of another vehicle attached to the vehicle. Exception — supply tanks (7) Subsection (6) does not apply (a) if the person is required to be registered under Division 4 of this Part as a specified air carrier or air carrier in respect of that type of fuel but is not so registered; (b) if the person is required to be registered under Division 4 of this Part as a specified marine carrier or marine carrier in respect of that type of fuel but is not so registered; (c) if the person is required to be registered under Division 4 of this Part as a specified rail carrier or rail carrier in respect that type of fuel but is not so registered; (d) if the fuel is in a supply tank of a specified commercial vehicle and the person is required to be registered under Division 4 of this Part as a road carrier in respect of that type fuel but is not so registered; (e) if the person is an interjurisdictional rail carrier in respect of that type of fuel and the fuel is brought in or imported in a supply tank of a locomotive; (f) to the extent that the fuel is brought in or imported in a supply tank of an aircraft for use in a covered air journey in respect of the listed province, if the person is an interjurisdictional air carrier in respect of that type of fuel; or (g) to the extent that the fuel is brought in or imported in a supply tank of a vessel for use in a covered marine journey in respect of the listed province, if the person is an interjurisdictional marine carrier in respect of that type of fuel. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 20-22 Charge — production 21 (1) Subject to this Part, a person that produces at a particular time fuel in a listed province must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 unless the person is (a) a registered distributor in respect of that type of fuel; (b) a registered specified air carrier in respect of that type of fuel; (c) a registered specified marine carrier in respect of that type of fuel; (d) a registered specified rail carrier in respect of that type of fuel; or (e) a prescribed person, a person of a prescribed class or a person meeting prescribed conditions. When charge payable (2) The charge under subsection (1) becomes payable at the particular time referred to in that subsection. Charge — diversion from covered facility 22 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a person and an exemption certificate applies in respect of the delivery in accordance with section 36, the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that the fuel is removed, at a later time, from a covered facility of the person in the listed province. Charge — diversion of fuel intended for use at covered facility (2) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 22 that type of fuel to a person at a location that is not a covered facility of the person, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the certificate includes the declaration referred to in subparagraph 36(1)(b)(v), the person must, unless a charge under subsection (1) applies in respect of the fuel and the listed province, pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at a later time, the fuel is (a) used by the person in the listed province otherwise than at a covered facility; or (b) delivered by the person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36. Charge — diversion from covered facility following a rebate (3) Subject to this Part, if a quantity of fuel is, at any time, brought to a covered facility of a person in a listed province and a rebate under section 44 in respect of the fuel and the listed province is payable to the person, then the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40, to the extent the fuel is removed, at a later time, from a covered facility of the person in the listed province. When charge payable (4) The charge under any of subsections (1) to (3) becomes payable at the later time referred to in whichever of those subsections applies. Charge not payable (5) The charge under any of subsections (1) to (3) is not payable by the person if (a) the fuel is removed from the covered facility of the person in the listed province and (i) is delivered by the person to a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 22 (ii) is brought to another covered facility of the person in the listed province; (b) at the later time referred to in whichever of those subsections is applicable, the person (i) is not a registered emitter, or (ii) is a registered distributor in respect of that type of fuel; or (c) prescribed circumstances exist or prescribed conditions are met. Charge — ceasing to be a covered facility (6) Subject to this Part, if at any time fuel is delivered to a person in a listed province by a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that the fuel, at a later time, is held by the person at, or is in transit to, a facility or property of the person in the listed province that ceases, at the later time, to be a covered facility of the person in the listed province. The charge becomes payable at the later time. Charge — ceasing to be a covered facility following a rebate (7) Subject to this Part, if a quantity of fuel is, at any time, brought to a covered facility of a person in a listed province and a rebate under section 44 in respect of the fuel and the listed province is payable to the person, then the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40, to the extent that the fuel, at a later time, is held by the person at, or is in transit to, a facility or property of the person in the listed province that ceases, at the later time, to be a covered facility of the person in the listed province. The charge becomes payable at the later time. Charge not payable (8) The charge under subsection (6) or (7) is not payable if Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 22 (a) at the later time referred to in whichever of those subsections is applicable, the person (i) is not a registered emitter, or (ii) is a registered distributor in respect of that type of fuel; or (b) prescribed circumstances exist or prescribed conditions are met. Charge — ceasing to be an emitter (9) Subject to this Part, if at any time fuel is delivered to a person in a listed province by a registered distributor in respect of that type of fuel, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the Minister, at a later time, cancels the person’s registration as an emitter, the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the person at, or is in transit to, a facility or property that was a covered facility of the person in the listed province immediately before the later time. The charge becomes payable at the later time. Charge — ceasing to be an emitter following a rebate (10) Subject to this Part, if a quantity of fuel is, at any time, brought to a covered facility of a person in a listed province, if a rebate under section 44 in respect of the fuel and the listed province is payable to the person and if the Minister, at a later time, cancels the person’s registration as an emitter, then the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the person at, or is in transit to, a facility or property that was a covered facility of the person in the listed province immediately before the later time. The charge becomes payable at the later time. Charge not payable (11) The charge under subsection (9) or (10) is not payable if Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 22-23 (a) at the later time referred to in whichever of those subsections is applicable, the person is a registered distributor in respect of that type of fuel; or (b) prescribed circumstances exist or prescribed conditions are met. Charge not payable (12) The charge under subsection (1), (2), (6) or (9) is not payable if a charge is payable under section 37 in respect of the fuel. Charge — diversion by registered user 23 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a registered user in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that the fuel is, at a later time, (a) used by the particular person in the listed province otherwise than in a non-covered activity; or (b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36. When charge payable (2) The charge under subsection (1) becomes payable at the later time referred to in that subsection. Charge not payable (3) The charge under subsection (1) is not payable if (a) at the later time referred to in that subsection, the particular person is not a registered user; (b) a charge is payable under section 37 in respect of the fuel; or (c) prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 23-24 Charge — ceasing to be registered user (4) Subject to this Part, if at any time fuel is delivered in a listed province to a particular person by a registered distributor in respect of that type of fuel, if the particular person is a registered user in respect of that type of fuel, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the Minister, at a later time, cancels the particular person’s registration as a user, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the particular person in the listed province. The charge becomes payable at the later time. Charge not payable (5) The charge under subsection (4) is not payable if (a) at the later time referred to in that subsection, the Minister registers the particular person as a distributor in respect of that type of fuel; (b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or is in transit to, a covered facility of the particular person; (c) a charge is payable under section 37 in respect of the fuel; or (d) prescribed circumstances exist or prescribed conditions are met. Charge — diversion by a farmer 24 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a farmer and an exemption certificate applies in respect of the delivery in accordance with section 36, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at a later time, the fuel is (a) used by the particular person in the listed province otherwise than in eligible farming activities; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Section 24 (b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36. When charge payable (2) The charge under subsection (1) becomes payable at the later time referred to in that subsection. Charge not payable (3) The charge under subsection (1) is not payable if (a) at the later time referred to in that subsection, the particular person is not a farmer; (b) a charge is payable under section 37 in respect of the fuel; or (c) prescribed circumstances exist or prescribed conditions are met. Charge — ceasing to be a farmer (4) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a farmer, if an exemption certificate applies in respect of the delivery in accordance with section 36 and if the particular person ceases, at a later time, to be a farmer, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the particular person in the listed province. The charge becomes payable at the later time. Charge not payable (5) The charge under subsection (4) is not payable if (a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel; (b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or is in transit to, a covered facility of the person; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 24-24.1 (c) a charge is payable under section 37 in respect of the fuel; or (d) prescribed circumstances exist or prescribed conditions are met. Charge — delivery in a listed province 24.1 (1) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher and an exemption certificate applies in respect of the delivery in accordance with section 36, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at a later time, the fuel is (a) used by the particular person in the listed province otherwise than in eligible fishing activities; or (b) delivered by the particular person to another person unless the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36. When charge payable (2) The charge under subsection (1) becomes payable at the later time referred to in that subsection. Charge not payable (3) The charge under subsection (1) is not payable if (a) at the later time referred to in that subsection, the particular person is not a fisher; (b) a charge is payable under section 37 in respect of the fuel; or (c) prescribed circumstances exist or prescribed conditions are met. Charge — ceasing to be a fisher (4) Subject to this Part, if at any time fuel is delivered in a listed province by a registered distributor in respect of that type of fuel to a particular person that is a fisher, if Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 24.1-26 an exemption certificate applies in respect of the delivery in accordance with section 36 and if the particular person ceases, at a later time, to be a fisher, the particular person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40 to the extent that, at the later time, the fuel is held by the particular person in the listed province. The charge becomes payable at the later time. Charge not payable (5) The charge under subsection (4) is not payable if (a) at the later time referred to in that subsection, the particular person is registered as a distributor in respect of that type of fuel; (b) at the later time referred to in that subsection, the particular person is a registered emitter, but only to the extent that, at the later time, the fuel is held at, or is in transit to, a covered facility of the person; (c) a charge is payable under section 37 in respect of the fuel; or (d) prescribed circumstances exist or prescribed conditions are met. Charge — combustible waste 25 Subject to this Part, every person that, at a particular time, burns combustible waste in a listed province for the purposes of producing heat or energy must pay to Her Majesty in right of Canada a charge in respect of the combustible waste and the listed province in the amount determined under section 41. The charge becomes payable at the particular time. Charge — regulations 26 Subject to this Part, a prescribed person, a person of a prescribed class or a person meeting prescribed conditions must pay to Her Majesty in right of Canada a charge in respect of a type of fuel or combustible waste in the amount determined in prescribed manner if prescribed circumstances exist or prescribed conditions are met. The charge becomes payable at the prescribed time. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION A General Application of Charge to Fuel and Combustible Waste Sections 27-28 Charge not payable — regulations 27 A charge under this Part in respect of a type of fuel or combustible waste is not payable (a) by a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Net fuel quantity — registered specified air or marine carrier 28 The net fuel quantity of a person that is a registered specified air carrier or registered specified marine carrier in respect of a type of fuel for a reporting period of the person, for that type of fuel and for a listed province is the amount determined by the formula A–B where A is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in the listed province during the reporting period other than a quantity of fuel of that type used in the listed province (i) in a journey by aircraft or vessel, in a locomotive or in a specified commercial vehicle, or (ii) in a non-covered activity if the person is a registered user in respect of that type of fuel, (b) used by the person in a covered air journey in respect of the listed province during the reporting period, (c) used by the person in a covered marine journey in respect of the listed province during the reporting period, (d) used by the person in a locomotive in the listed province during the reporting period, (e) used by the person in a specified commercial vehicle in the listed province during the reporting period, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 28-29 (f) delivered in the listed province by the person to another person during the reporting period unless (i) the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, (ii) the person and the other person are both registered specified air carriers in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, or (iii) the person and the other person are both registered specified marine carriers in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, or (g) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province; and B is (a) the total of all quantities, each of which is a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province, or (b) unless paragraph (a) applies, zero. Net fuel quantity — registered specified rail carrier 29 The net fuel quantity of a person that is a registered specified rail carrier in respect of a type of fuel for a reporting period of the person, for that type of fuel and for a listed province is the amount determined by the formula A+B–C where Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Section 29 A is the total of all quantities, each of which is a quantity of fuel of that type that is used by the person in a locomotive in the listed province during the reporting period estimated in a manner satisfactory to the Minister; B is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in the listed province during the reporting period other than a quantity of fuel of that type used in the listed province (i) in a journey by aircraft or vessel, in a locomotive or in a specified commercial vehicle, or (ii) in a non-covered activity if the person is a registered user in respect of that type of fuel, (b) used by the person in a covered air journey in respect of the listed province during the reporting period, (c) used by the person in a covered marine journey in respect of the listed province during the reporting period, (d) used by the person in a specified commercial vehicle in the listed province during the reporting period, (e) delivered in the listed province by the person to another person during the reporting period unless (i) the other person is a registered distributor in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, or (ii) the other person is a registered specified rail carrier in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36, or (f) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province; and C is (a) the total of all quantities, each of which is a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province, or (b) unless paragraph (a) applies, zero. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 29-30 Net fuel quantity — registered air or marine carrier 30 The net fuel quantity of a person that is a registered air carrier or registered marine carrier in respect of a type of fuel for a reporting period of the person, for that type of fuel and for a listed province is the amount determined by the formula A–B where A is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in a covered air journey in respect of the listed province during the reporting period, (b) used by the person in a covered marine journey in respect of the listed province during the reporting period, (c) used by the person in a locomotive in the listed province during the reporting period, (d) used by the person in a specified commercial vehicle in the listed province during the reporting period, (e) removed from a supply tank of an aircraft, vessel, locomotive or specified commercial vehicle of the person at a location in the listed province during the reporting period, or (f) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province; and B is the total of all quantities, each of which is a quantity of fuel of that type that is (a) transferred into a supply tank of an aircraft, vessel, locomotive or specified commercial vehicle of the person at a location in the listed province during the reporting period, or (b) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 30-31 Net fuel quantity — registered rail carrier 31 The net fuel quantity of a person that is a registered rail carrier in respect of a type of fuel for a reporting period of the person, for that type of fuel and for a listed province is the amount determined by the formula A+B–C where A is the total of all quantities, each of which is a quantity of fuel of that type that is used by the person in a locomotive in the listed province during the reporting period estimated in a manner satisfactory to the Minister; B is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in a covered air journey in respect of the listed province during the reporting period, (b) used by the person in a covered marine journey in respect of the listed province during the reporting period, (c) used by the person in a specified commercial vehicle in the listed province during the reporting period, (d) removed from a supply tank of an aircraft, vessel, locomotive or specified commercial vehicle of the person at a location in the listed province during the reporting period, or (e) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province; and C is the total of all quantities, each of which is a quantity of fuel of that type that is (a) transferred into a supply tank of an aircraft, vessel, locomotive or specified commercial vehicle of the person at a location in the listed province during the reporting period, or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 31-32 (b) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province. Net fuel quantity — registered road carrier 32 The net fuel quantity of a person that is a registered road carrier in respect of a type of fuel for a reporting period of the person, for that type of fuel and for a listed province is the amount determined by the formula A–B where A is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in a specified commercial vehicle in the listed province (unless the fuel is used at a covered facility of the person and the person is a registered emitter) during the reporting period, (b) removed from a supply tank of a specified commercial vehicle of the person at a location in the listed province during the reporting period, or (c) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province; and B is the total of all quantities, each of which is a quantity of fuel of that type that is (a) transferred into a supply tank of a specified commercial vehicle of the person at a location in the listed province (unless the location is a covered facility of the person and the person is a registered emitter) during the reporting period, or (b) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the reporting period and the listed province. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 32-34 Annual net fuel adjustment — rail carrier 33 If, at any time in a particular calendar year, a person is a registered specified rail carrier or registered rail carrier in respect of a type of fuel, the annual net fuel adjustment of the person for the particular calendar year, for that type of fuel and for a listed province is the amount determined by the formula A−B where A is the total of all quantities, each of which is a quantity of fuel of that type that is (a) used by the person in a locomotive in the listed province at any time in the particular calendar year when the person is a registered specified rail carrier or registered rail carrier in respect of that type of fuel, or (b) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the particular calendar year and the listed province; and B is the total of all quantities, each of which is a quantity of fuel of that type that is (a) the total determined for A in section 29 or 31 for a reporting period of the person in the particular calendar year, for that type of fuel and for the listed province, or (b) a prescribed quantity of fuel of that type, or a quantity of fuel of that type determined in prescribed manner, for the particular calendar year and the listed province. Charge — net fuel quantity 34 If the net fuel quantity, determined under any of sections 28 to 32, of a person for a reporting period, for a type of fuel and for a listed province is a positive amount, the person must pay to Her Majesty in right of Canada a charge in respect of that net fuel quantity and the listed province in the amount determined under section 40. The charge becomes payable on the last day of the reporting period. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION B Application of Charge to Air, Marine, Rail and Road Carriers Sections 34-36 Charge — annual net fuel adjustment 35 If the annual net fuel adjustment, determined under section 33, of a person for a particular calendar year, for that type of fuel and for a listed province is a positive amount, the person must pay to Her Majesty in right of Canada a charge in respect of that annual net fuel adjustment and the listed province in the amount determined under section 40. The charge becomes payable on June 30 of the calendar year following the particular calendar year. SUBDIVISION C Exemption Certificate Exemption certificate 36 (1) If fuel is delivered to a person by another person, an exemption certificate applies in respect of the delivery, for the purposes of this Part, only if (a) the certificate is made in prescribed form containing prescribed information; (b) the certificate includes a declaration by the person (i) that the person is a registered distributor in respect of that type of fuel, (ii) that the person is a registered specified air carrier in respect of that type of fuel, (iii) that the person is a registered specified marine carrier in respect of that type of fuel, (iv) that the person is a registered specified rail carrier in respect of that type of fuel, (v) that the person is a registered emitter and that the fuel is for use at a covered facility of the person, (vi) that the person is a registered user in respect of that type of fuel and that the fuel is for use in a noncovered activity, (vii) that the person is a farmer, that the location at which the fuel is delivered is a farm, that the fuel is for use exclusively in the operation of eligible farming machinery or of an auxiliary component of eligible farming machinery and that all or substantially all of the fuel is for use in the course of eligible farming activities, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION C Exemption Certificate Sections 36-37 (vii.1) that the person is a fisher, that the fuel is for use exclusively in the operation of an eligible fishing vessel and that all or substantially all of the fuel is for use in the course of eligible fishing activities, or (viii) that the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions and that prescribed circumstances exist; (c) the person provides, in a manner satisfactory to the Minister, the certificate in respect of the delivery to the other person; and (d) the other person retains the certificate and indicates to the person, in a manner satisfactory to the Minister, that the delivery is subject to the certificate. Exemption certificate does not apply (1.1) Despite subsection (1), if fuel is delivered to a fisher in a listed province that is not prescribed for the purposes of subparagraph 17(2)(a)(iii.1), an exemption certificate does not apply in respect of the delivery. Exemption certificate — regulations (2) Despite subsection (1), if prescribed circumstances exist or prescribed conditions are met, an exemption certificate applies, for the purposes of this Part, in respect of a delivery of fuel in accordance with prescribed rules. Charge — false declaration 37 (1) If a particular person delivers fuel in a listed province to another person at a particular time, if an exemption certificate applies in respect of the delivery in accordance with subsection 36(1) and if the declaration referred to in paragraph 36(1)(b) is, at the particular time, false, the following rules apply: (a) the other person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION C Exemption Certificate Sections 37-38 (b) the other person is liable to pay, in addition to any other penalty under this Part, a penalty equal to 25% of the amount of the charge under paragraph (a) payable in respect of the fuel; and (c) if the particular person knows, or ought to have known, that the declaration is, at the particular time, false, the particular person and the other person are jointly and severally, or solidarily, liable for the payment of the charge in respect of the fuel and the listed province under paragraph (a), the penalty under paragraph (b) and any related interest and penalties. When charge payable (2) The charge under subsection (1) becomes payable at the particular time referred to in that subsection. SUBDIVISION D Application of Charge in Special Circumstances Charge — fuel held on adjustment day 38 (1) Subject to subsection (3), every person that holds a quantity of a type of fuel in a listed province at the beginning of an adjustment day must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined by the formula A–B where A is the amount that would be the amount of a charge in respect of the quantity of the fuel and the listed province determined under section 40 if that charge had become payable on the adjustment day; and B is (a) if the adjustment day is commencement day, zero, and (b) in any other case, the amount that would be the amount of a charge in respect of the quantity of the fuel and the listed province determined under section 40 if that charge had become payable on the day before the adjustment day. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION D Application of Charge in Special Circumstances Section 38 Exception (2) Subsection (1) does not apply to a quantity of fuel held by a person if the fuel was delivered to the person by a registered distributor in respect of that type of fuel and (a) the person is a registered emitter and the fuel is held at, or is in transit to, a covered facility of the person; (b) the person is a registered user in respect of that type of fuel and an exemption certificate applies in respect of the delivery in accordance with section 36; (c) the person is a farmer, the fuel is a qualifying farming fuel, and an exemption certificate applies in respect of the delivery in accordance with section 36; or (d) the person is a fisher, the fuel is a qualifying fishing fuel, and an exemption certificate applies in respect of the delivery in accordance with section 36. When charge payable (3) The charge under subsection (1) becomes payable on the adjustment day. Charge not payable (4) A charge under subsection (1) in respect of a quantity of a type of fuel held at the beginning of an adjustment day by a person in a listed province is not payable (a) if the person is (i) a registered distributor in respect of that type of fuel, (ii) a registered specified air carrier in respect of that type of fuel, (iii) a registered specified marine carrier in respect of that type of fuel, or (iv) a registered specified rail carrier in respect of that type of fuel; (b) the fuel is, in accordance with the Ships’ Stores Regulations, designated as ships’ stores for use on board a conveyance of a class prescribed under those regulations; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION D Application of Charge in Special Circumstances Sections 38-39 (c) the amount of the charge is less than $1,000. Requirement to determine quantity of fuel (5) Every person that holds fuel (other than in a supply tank of a vehicle) in a listed province at the beginning of an adjustment day and that is, or that can reasonably be expected to be, liable to pay a charge under this section in respect of the fuel and the listed province must determine the quantity of fuel of that type held in the listed province by that person at the beginning of the adjustment day. Charge — ceasing to be registered 39 (1) If a person holds, at a particular time, a quantity of a type of fuel in a listed province, if the person was immediately before the particular time registered as a distributor, specified air carrier, specified marine carrier or specified rail carrier in respect of that type of fuel and if the Minister cancels that registration at the particular time, the person must pay to Her Majesty in right of Canada a charge in respect of the fuel and the listed province in the amount determined under section 40, unless the Minister also registers the person at the particular time as (a) a distributor in respect of that type of fuel; (b) a specified air carrier in respect of that type of fuel; (c) a specified marine carrier in respect of that type of fuel; or (d) a specified rail carrier in respect of that type of fuel. Exception (2) Subsection (1) does not apply to fuel that is held by the person referred to in that subsection if that person is a registered emitter at the particular time but only to the extent that the fuel is, at the particular time, held by the person at, or is in transit to, a covered facility of the person. When charge payable (3) The charge under subsection (1) becomes payable at the particular time referred to in that subsection. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION E Amount of Charge Section 40 SUBDIVISION E Amount of Charge Charge amount — fuel 40 (1) The amount of a charge payable under this Division (other than section 38) in respect of fuel and a listed province is equal to the amount determined by the formula A×B where A is (a) if the charge becomes payable under section 34, the net fuel quantity, (b) if the charge becomes payable under section 35, the annual net fuel adjustment, or (c) in any other case, the quantity of the fuel in respect of which the charge becomes payable; and B is (a) if the charge becomes payable under section 35, the rate in respect of fuel of that type for the listed province applicable on December 31 of the calendar year that precedes the calendar year that includes the time at which the charge becomes payable, and (b) in any other case, the rate in respect of fuel of that type for the listed province applicable at the time the charge becomes payable. Charge amount — mixture (2) Despite subsection (1), if a manner is prescribed in respect of a mixture that is deemed to be fuel of a prescribed type under subsection 16(2), the amount of a charge payable under this Division in respect of such a mixture is equal to the amount determined in prescribed manner. Charge amount — regulations (3) Despite subsection (1), if prescribed circumstances exist or prescribed conditions are met, the amount of a charge payable under this Division in respect of fuel and a listed province is equal to the amount determined in prescribed manner. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 2 Application of Charge SUBDIVISION E Amount of Charge Sections 41-43 Charge amount — combustible waste 41 (1) The amount of a charge payable under section 25 in respect of combustible waste and a listed province is equal to the amount determined by the formula A×B where A is the quantity, expressed as a weight measured in tonnes, of the combustible waste; and B is the rate in respect of combustible waste for the listed province applicable at the time the charge becomes payable. Charge amount — regulations (2) Despite subsection (1), if prescribed circumstances exist or prescribed conditions are met, the amount of a charge payable in respect of combustible waste and a listed province is equal to the amount determined in prescribed manner. DIVISION 3 Rebates Statutory recovery rights 42 Except as specifically provided under this Part, the Customs Act or the Financial Administration Act, no person has a right to recover any money paid to Her Majesty in right of Canada as or on account of, or that has been taken into account by Her Majesty in right of Canada as, an amount payable under this Part. Rebate — fuel removed from listed province 43 (1) If at a particular time a person that is a registered emitter or is, in respect of that type of fuel, a registered user, a registered importer, registered air carrier, registered marine carrier or registered rail carrier removes a quantity of fuel of that type from a listed province, the Minister must pay to the person a rebate in respect of the quantity of fuel, the listed province and the reporting period of the person that includes the particular time if, at an earlier time in a particular reporting period, (a) the person brought the quantity of fuel into the listed province from a place in Canada or imported the fuel at a location in the listed province, a charge under Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 43-44 section 19 or 20 was payable by the person at the earlier time in respect of the fuel and the listed province and (i) if that charge was payable under section 19 or subsection 20(2), that charge was taken into account in the determination of the net charge for the particular reporting period of the person, or (ii) if that charge was payable under subsection 20(3), that charge was paid in accordance with subsection 20(4); (b) the person removed the quantity of fuel from a covered facility of the person in the listed province and a charge under subsection 22(1) or (2) (i) became payable by the person at the earlier time in respect of the quantity of fuel and the listed province, and (ii) is taken into account in the determination of the net charge for the particular reporting period of the person; or (c) the quantity of fuel was held by the person at, or the quantity of fuel was in transit to, a facility or property of the person in the listed province that ceased, at the earlier time, to be a covered facility of the person and a charge under subsection 22(4) or (5) (i) became payable by the person at the earlier time in respect of the quantity of fuel and the listed province, and (ii) is taken into account in the determination of the net charge for the particular reporting period of the person. Amount of rebate (2) The amount of the rebate under subsection (1) is equal to the amount of the charge referred to in whichever of paragraphs (1)(a) to (c) applies. Rebate — fuel brought to covered facility 44 (1) If at a particular time a person is a registered emitter and brings a quantity of fuel to a covered facility of the person in a listed province for use at a covered facility of the person in the listed province, the Minister must pay to the person a rebate in respect of the fuel, the listed province and the reporting period of the person Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Section 44 that includes the particular time if, at an earlier time in a particular reporting period, (a) the person brought the quantity of fuel into the listed province from a place in Canada or imported the fuel at a location in the listed province, a charge under section 19 or 20 was payable by the person at the earlier time in respect of the quantity of fuel and the listed province and (i) if that charge was payable under section 19 or subsection 20(2), that charge was taken into account in the determination of the net charge for the particular reporting period of the person, or (ii) if that charge was payable under subsection 20(3), the charge was paid in accordance with subsection 20(4); (b) the person removed the quantity of fuel from a covered facility of the person in the listed province, a charge under subsection 22(1) or (2) was payable by the person at the earlier time in respect of the quantity of fuel and the listed province and that charge was taken into account in the determination of the net charge for the particular reporting period of the person; or (c) the quantity of fuel was held by the person at, or the quantity of fuel was in transit to, a facility or property of the person in the listed province that ceased, at the earlier time, to be a covered facility of the person and a charge under subsection 22(4) or (5) (i) became payable by the person at the earlier time in respect of the quantity of fuel and the listed province, and (ii) is taken into account in the determination of the net charge for the particular reporting period of the person. Amount of rebate (2) The amount of the rebate under subsection (1) is equal to the amount of the charge referred to in whichever of paragraphs (1)(a) to (c) applies. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 45-46 Rebate — fuel used in non-covered activity 45 (1) If a person, at a particular time in a reporting period of the person, is a registered user in respect of a type of fuel and the person uses a quantity of fuel of that type in a non-covered activity in a listed province, the Minister must pay to the person a rebate in respect of the fuel, the listed province and the reporting period if (a) the person, at an earlier time in a particular reporting period of the person, brought the quantity of fuel into the listed province from a place in Canada or imported the fuel at a location in the listed province; (b) a charge under section 19 or 20 was payable by the person at the earlier time in respect of the quantity of fuel and the listed province and (i) if that charge was payable under section 19 or subsection 20(2), that charge was taken into account in the determination of the net charge for the particular reporting period of the person, or (ii) if that charge was payable under subsection 20(3), the charge was paid in accordance with subsection 20(4); and (c) the fuel is used at a location that is not a covered facility of the person. Amount of rebate (2) The amount of the rebate under subsection (1) is equal to the amount of the charge referred to in paragraph (1)(b). Rebate — net fuel quantity 46 (1) If a net fuel quantity, determined under any of sections 28 to 32, of a person for a reporting period, for a type of fuel and for a listed province is a negative amount, the Minister must pay to the person a rebate in respect of that net fuel quantity, the listed province and the reporting period. Amount of rebate (2) The amount of a rebate payable under subsection (1) is equal to the amount determined by the formula A×B where Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 46-48 A is the net fuel quantity referred to in that subsection; and B is the rate in respect of fuel of that type for the listed province applicable on the last day of the reporting period referred to in that subsection. Amount of rebate — regulations (3) Despite subsection (2), if prescribed circumstances exist or prescribed conditions are met, the amount of a rebate payable under this section is equal to the amount determined in prescribed manner. Rebate — annual net fuel adjustment 47 (1) If an annual net fuel adjustment of a person, determined under section 33, for a calendar year, for a type of fuel and for a listed province is a negative amount, the Minister must pay to the person a rebate in respect of that annual net fuel adjustment and the listed province. Amount of rebate (2) The amount of a rebate payable under subsection (1) is equal to the amount determined by the formula A×B where A is the annual net fuel adjustment referred to in that subsection; and B is the rate in respect of fuel of that type for the listed province applicable on December 31 of the calendar year referred to in that subsection. Amount of rebate — regulations (3) Despite subsection (2), if prescribed circumstances exist or prescribed conditions are met, the amount of a rebate payable under this section is equal to the amount determined in prescribed manner. Rebate — regulations 48 The Minister must pay a rebate in respect of fuel or combustible waste and a listed province to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions in the amount determined in prescribed manner if prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 49-50 Rebate — payment in error 49 (1) The Minister must pay a rebate to a person if the person paid an amount in excess of the amount that was payable by that person under this Part whether the amount was paid by mistake or otherwise. Amount of rebate (2) The amount of a rebate payable under subsection (1) by the Minister is the amount of the excess referred to in that subsection. Restriction on rebate (3) A rebate under this section in respect of an amount must not be paid to a person to the extent that (a) the amount was taken into account as an amount required to be paid by the person in respect of a reporting period of the person and the Minister has assessed the person for that period under section 108; or (b) the amount was an amount assessed under section 108. Application for rebate (4) Despite any other provision under this Part, a rebate under this section in respect of an amount is not to be paid to a person unless an application for the rebate is (a) made in prescribed form containing prescribed information; and (b) filed with the Minister in prescribed manner within two years after the earlier of the day that the amount was taken into account in determining the net charge for a reporting period of the person and the day that the amount was paid to the Receiver General. One application per month (5) Not more than one application for a rebate under this section may be made by a person in a calendar month. Restriction on rebate 50 A rebate is not to be paid to a person under this Division (a) to the extent that it can reasonably be regarded that the person has obtained or is entitled to obtain a rebate, refund or remission of the amount under any other section of this Act or under any other Act of Parliament; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 50-52 (b) if prescribed circumstances exist or prescribed conditions are met. Restriction on rebate 51 A rebate under this Division is not to be paid to a person at any time unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Part, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister. 2018, c. 12, s. 186 “51”; 2022, c. 5, s. 36. Application for rebate 52 Despite any other provision under this Part, a rebate under this Division, other than section 49, in respect of a particular reporting period of a person is not to be paid unless an application for the rebate (a) is made in prescribed form containing prescribed information; (b) unless paragraph (c) applies, is filed with the Minister in prescribed manner (i) on or before the day on or before which the return under section 69 is required to be filed for the last reporting period of the person that ends within two years after the end of the particular reporting period, and (ii) with the return in respect of the reporting period in which the amount of the rebate is taken into account in determining the net charge for the reporting period; and (c) if the rebate is payable under section 47 in respect of an annual net fuel adjustment for a particular calendar year, is filed with the Minister in prescribed manner (i) on or before the day on which the return under section 69 is required to be filed for the reporting period of the person that includes June 30 of the year following the particular calendar year, and (ii) with the return in respect of the reporting period that includes June 30 of the year following the particular calendar year. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 3 Rebates Sections 53-55 Single application 53 Only one application may be made under this Division for a rebate with respect to any matter. Restriction — bankruptcy 54 If a trustee is appointed under the Bankruptcy and Insolvency Act to act in the administration of the estate or succession of a bankrupt, a rebate under this Part that the bankrupt was entitled to claim before the appointment must not be paid after the appointment unless all returns required to be filed in respect of the bankrupt under this Part, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act in respect of periods ending before the appointment have been filed and all amounts required under this Part and those Acts to be paid by the bankrupt in respect of those periods have been paid. 2018, c. 12, s. 186 “54”; 2022, c. 5, s. 37. DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Distributor — registration required 55 (1) A person is required to be registered, for the purposes of this Part, as a distributor in respect of (a) both marketable natural gas and non-marketable natural gas, if (i) the person produces marketable natural gas or non-marketable natural gas in a listed province, (ii) the person imports marketable natural gas or non-marketable natural gas at a location in a listed province otherwise than in a supply tank of a vehicle, (iii) the person brings marketable natural gas or non-marketable natural gas into a listed province Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 55 from a place in Canada otherwise than in a supply tank of a vehicle, (iv) the person delivers marketable natural gas or non-marketable natural gas to another person in a listed province, (v) the person measures another person’s consumption or usage, in a listed province, of marketable natural gas and (A) the measurement is done on a regular basis and for the purpose of billing the other person or providing the other person’s billing information to a third party, and (B) the marketable natural gas is delivered by way of a distribution system, (vi) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (vii) prescribed circumstances exist or prescribed conditions are met; and (b) a type of fuel other than marketable natural gas or non-marketable natural gas, if (i) the person produces fuel of that type in a listed province, (ii) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (iii) prescribed circumstances exist or prescribed conditions are met. Timing of application (2) A person that is required under subsection (1) to be registered as a distributor in respect of a type of fuel must apply to the Minister for registration before (a) unless paragraph (b) or (c) applies, the later of commencement day and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 55 (i) if the type of fuel is marketable natural gas or non-marketable natural gas, the day that is the earliest of (A) the day on which the person first produces marketable natural gas or non-marketable natural gas in a listed province, (B) the day on which the person first imports marketable natural gas or non-marketable natural gas in a listed province otherwise than in a supply tank of a vehicle, (C) the day on which the person first brings marketable natural gas or non-marketable natural gas into a listed province from a place in Canada otherwise than in a supply tank of a vehicle, (D) the day on which the person first delivers marketable natural gas or non-marketable natural gas to another person in a listed province, and (E) the day on which the person first measures another person’s consumption or usage of marketable natural gas in a listed province if (I) the measurement is for the purpose of billing the other person or providing the other person’s billing information to a third party, and (II) the marketable natural gas is delivered by way of a distribution system, and (ii) if the fuel is not marketable natural gas and is not non-marketable natural gas, the day on which the person first produces fuel of that type in a listed province; (b) if the person is a person prescribed under either subparagraph (1)(a)(vi) or (b)(ii), a person of a class prescribed under either of those subparagraphs or a person meeting conditions prescribed under either of those subparagraphs, the prescribed time; or (c) if prescribed circumstances exist or prescribed conditions are met, the prescribed time. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 55 Distributor — registration permitted (3) A person that is not required under subsection (1) to be registered as a distributor in respect of a type of fuel (other than marketable natural gas or non-marketable natural gas) may apply to the Minister to be registered, for the purposes of this Part, as a distributor in respect of that type of fuel if (a) the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, delivers fuel of that type in a listed province (i) to another person for the purpose of resale, in the ordinary course of business, by the other person, (ii) to a registered distributor in respect of that type of fuel, (iii) to a farmer at a farm if the fuel is qualifying farming fuel, (iii.1) to a fisher if the fuel is qualifying fishing fuel, (iv) to a registered specified air carrier in respect of that type of fuel if the fuel is qualifying aviation fuel, (v) to a registered specified marine carrier in respect of that type of fuel if the fuel is qualifying marine fuel, (vi) to a registered specified rail carrier in respect of that type of fuel if the fuel is qualifying rail fuel, (vii) to a registered emitter at a covered facility of the registered emitter, (viii) to a registered user in respect of that type of fuel, or (ix) to another person if the fuel is, in accordance with the Ships’ Stores Regulations, designated as ships’ stores for use on board a conveyance of a class prescribed under those regulations; (b) the person carries on the business of selling, delivering or distributing fuel of that type and, in the ordinary course of that business, removes fuel of that type from a listed province; (c) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 55-56 (d) prescribed circumstances exist or prescribed conditions are met. Non-application (4) This section does not apply (a) to a person in respect of a type of fuel if the person is, or is required to be, registered as (i) a specified air carrier or air carrier in respect of that type of fuel, (ii) a specified marine carrier or marine carrier in respect of that type of fuel, or (iii) a specified rail carrier or rail carrier in respect of that type of fuel; (b) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (c) if prescribed circumstances exist or prescribed conditions are met. Importer — registration required 56 (1) A person is required to be registered, for the purposes of this Part, as an importer in respect of a type of fuel if (a) the person imports fuel of that type — other than fuel that is imported in a supply tank of a vehicle or fuel that is gasoline, kerosene, light fuel oil or propane in a quantity that does not exceed 200 L — at a location in a listed province; (b) the person brings fuel of that type — other than fuel that is brought in a supply tank of a vehicle or fuel that is gasoline, kerosene, light fuel oil or propane in a quantity that does not exceed 200 L — into a listed province from a place in Canada; (c) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (d) prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 56 Timing of application (2) A person that is required under subsection (1) to be registered as an importer in respect of a type of fuel must apply to the Minister for registration before (a) unless paragraph (b) or (c) applies, the later of commencement day and the earlier of (i) the day on which the person first imports fuel of that type — other than fuel that is imported in a supply tank of a vehicle or fuel that is gasoline, kerosene, light fuel oil or propane in a quantity that does not exceed 200 L — at a location in a listed province, and (ii) the day on which the person first brings fuel of that type — other than fuel that is brought in a supply tank of a vehicle or fuel that is gasoline, kerosene, light fuel oil or propane in a quantity that does not exceed 200 L — into a listed province from a place in Canada; (b) if the person is a person prescribed under paragraph (1)(c), a person of a class prescribed under that paragraph or a person meeting conditions prescribed under that paragraph, the prescribed time; or (c) if prescribed circumstances exist or prescribed conditions are met, the prescribed time. Importer — registration permitted (3) A person that is not required under subsection (1) to be registered as an importer in respect of a type of fuel, may apply to the Minister to be registered, for the purposes of this Part, as an importer in respect of that type of fuel if (a) the person is an interjurisdictional rail carrier in respect of that type of fuel and (i) the person, in the ordinary course of a business, (A) imports, in a supply tank of a locomotive, fuel of that type at a location in a listed province, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 56 (B) brings, in a supply tank of a locomotive, fuel of that type into a listed province from a place in Canada, or (C) removes, in a supply tank of a locomotive, fuel of that type from a listed province, and (ii) the person is not required to be registered under Division 4 of this Part, in respect of that type of fuel, as a specified air carrier, an air carrier, a specified marine carrier, a marine carrier, a specified rail carrier or a rail carrier; (b) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (c) prescribed circumstances exist or prescribed conditions are met. Non-application (4) This section does not apply (a) to a person in respect of a type of fuel if the person is, or is required to be, registered as (i) a distributor in respect of that type of fuel, (ii) as a specified air carrier or air carrier in respect of that type of fuel, (iii) a specified marine carrier or marine carrier in respect of that type of fuel, or (iv) a specified rail carrier or rail carrier in respect of that type of fuel; (b) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (c) if prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 57-58 Emitter — registration permitted 57 (1) A person may apply to the Minister to be registered, for the purposes of this Part, as an emitter if (a) the person is, for the purposes Part 2, a person responsible for a covered facility and the person (i) has been issued a covered facility certificate in respect of the covered facility by the Minister of the Environment under section 171, and (ii) is not a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; (b) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, in respect of a prescribed facility or property, a facility or property of a prescribed class or a facility or property meeting prescribed conditions; or (c) prescribed circumstances exist or prescribed conditions are met. Non-application (2) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. User of fuel — registration permitted 58 (1) A person that is not registered as a distributor in respect of a type of fuel and is not required to be so registered may apply to the Minister to be registered, for the purposes of this Part, as a user in respect of that type of fuel if (a) the person uses, in the ordinary course of business of the person, fuel of that type in a non-covered activity in a listed province; (b) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 58-59 (c) prescribed circumstances exist or prescribed conditions are met. Non-application (2) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. User of combustible waste — registration required 59 (1) A person is required to be registered, for the purposes of this Part, as a user in respect of combustible waste if (a) the person burns combustible waste in a listed province for the purpose of producing heat or energy; (b) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (c) prescribed circumstances exist or prescribed conditions are met. Timing of application (2) A person that is required under subsection (1) to be registered as a user in respect of combustible waste must apply to the Minister for registration (a) unless paragraph (b) applies, before the later of commencement day and the day on which the person first burns combustible waste in a listed province for the purpose of producing heat or energy; or (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time. Non-application (3) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 59-60 Air carrier — registration required 60 (1) A person (other than a registered emitter) that is an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is required to be registered at a particular time for the purposes of this Part (a) unless paragraph (b) applies, as an air carrier in respect of that type of fuel if it can reasonably be expected that, during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person will be used in vehicles and the greatest proportion of the fuel used in vehicles will be used in aircraft; or (b) as either a specified air carrier or an air carrier in respect of that type of fuel if (i) during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person is used in vehicles and the greatest proportion of the fuel used in vehicles is used in aircraft, and (ii) the person is a qualifying interjurisdictional air carrier in respect of that type of fuel throughout the calendar year that includes the particular time. Qualifying interjurisdictional air carrier — previous year journeys (2) For the purposes of subparagraph (1)(b)(ii), an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is a qualifying interjurisdictional air carrier in respect of fuel of that type throughout a particular calendar year if the interjurisdictional air carrier completed journeys by aircraft in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5: A/B where A is the total of all quantities, each of which is a quantity of fuel of that type that was used by the interjurisdictional air carrier in an excluded air journey during the preceding calendar year; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 60 is the total of all quantities, each of which is a quantity of fuel of that type that was used by the interjurisdictional air carrier in a covered air journey or an excluded air journey during the preceding calendar year. B Qualifying interjurisdictional air carrier — no previous year journeys (3) For the purposes of subparagraph (1)(b)(ii), a person that is, or that can reasonably be expected to be, an interjurisdictional air carrier in respect of a type of fuel that is a qualifying aviation fuel is a qualifying interjurisdictional air carrier in respect of fuel of that type throughout a particular calendar year if the person did not complete journeys by aircraft in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5: A/B where A is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in an excluded air journey during the particular calendar year; and B is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in a covered air journey or an excluded air journey during the particular calendar year. Air carrier — registration required (4) A person is required to be registered for the purposes of this Part (a) as a specified air carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or (b) as an air carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 60 Air carrier — registration permitted (5) A person may apply to the Minister to be registered for the purposes of this Part (a) as a specified air carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or (b) as an air carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Timing of application (6) A person that is required under this section to be registered as a specified air carrier or air carrier in respect of a type of fuel must apply to the Minister for registration (a) unless paragraph (b) applies, before the later of commencement day and the day that the person first meets the conditions under subsection (1); or (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time. Non-application (7) This section does not apply Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 60-61 (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. Marine carrier — registration required 61 (1) A person (other than a registered emitter) that is an interjurisdictional marine carrier in respect of a type of fuel that is a qualifying marine fuel is required to be registered at a particular time for the purposes of this Part (a) unless paragraph (b) applies, as a marine carrier in respect of that type of fuel if it can reasonably be expected that, during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person will be used in vehicles and the greatest proportion of the fuel used in vehicles will be used in vessels; or (b) as either a specified marine carrier or a marine carrier in respect of that type of fuel if (i) during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person is used in vehicles and the greatest proportion of the fuel used in vehicles is used in vessels, and (ii) the person is a qualifying interjurisdictional marine carrier in respect of that type of fuel throughout the calendar year that includes the particular time. Qualifying interjurisdictional marine carrier — previous year journeys (2) For the purposes of subparagraph (1)(b)(ii), an interjurisdictional marine carrier in respect of a type of fuel that is a qualifying marine fuel is a qualifying interjurisdictional marine carrier in respect of that type of fuel throughout a particular calendar year if the interjurisdictional marine carrier completed journeys by vessel in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5: A/B where Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 61 A is the total of all quantities, each of which is a quantity of fuel of that type that is used by the interjurisdictional marine carrier in an excluded marine journey during the preceding calendar year; and B is the total of all quantities, each of which is a quantity of fuel of that type that is used by the interjurisdictional marine carrier in a covered marine journey or an excluded marine journey during the preceding calendar year. Qualifying interjurisdictional marine carrier — no previous year journeys (3) For the purposes of subparagraph (1)(b)(ii), a person that is, or that can reasonably be expected to be, an interjurisdictional marine carrier in respect of a type of fuel that is a qualifying marine fuel is a qualifying interjurisdictional marine carrier in respect of fuel of that type throughout a particular calendar year if the person did not complete journeys by vessel in the calendar year that preceded the particular calendar year and the amount determined by the following formula is greater than, or equal to, 0.5: A/B where A is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in an excluded marine journey during the particular calendar year; and B is the total of all quantities, each of which is a quantity of fuel of that type that can reasonably be expected to be used by the person in a covered marine journey or an excluded marine journey during the particular calendar year. Marine carrier — registration required (4) A person is required to be registered for the purposes of this Part (a) as a specified marine carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 61 (b) as a marine carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Marine carrier — registration permitted (5) A person may apply to the Minister to be registered for the purposes of this Part (a) as a specified marine carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or (b) as a marine carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Timing of application (6) A person that is required under this section to be registered as a specified marine carrier or marine carrier in respect of a type of fuel must apply to the Minister for registration (a) unless paragraph (b) applies, before the later of commencement day and the day that the person first meets the conditions under subsection (1); or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 61-62 (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time. Non-application (7) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. Rail carrier — registration required 62 (1) A person (other than a registered emitter) that is an interjurisdictional rail carrier in respect of a type of fuel that is a qualifying rail fuel is required to be registered at a particular time for the purposes of this Part, if it can reasonably be expected that, during the calendar year that includes the particular time, all or substantially all of the fuel of that type used by the person will be used in vehicles and the greatest proportion of the fuel used in vehicles will be used in locomotives (a) unless paragraph (b) applies, as a rail carrier in respect of that type of fuel; or (b) as either a specified rail carrier or rail carrier in respect of that type of fuel if the interjurisdictional rail carrier is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions. Rail carrier — registration required (2) A person is required to be registered for the purposes of this Part (a) as a specified rail carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or (b) as a rail carrier in respect of a type of fuel if Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 62 (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Rail carrier — registration permitted (3) A person may apply to the Minister to be registered for the purposes of this Part (a) as a specified rail carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met; or (b) as a rail carrier in respect of a type of fuel if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Timing of application (4) A person that is required under this section to be registered as a specified rail carrier or rail carrier in respect of a type of fuel must apply to the Minister for registration (a) unless paragraph (b) applies, before the later of commencement day and the day that the person first meets the conditions under subsection (1); or (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 62-63 Non-application (5) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. Road carrier — registration required 63 (1) A person is required to be registered, for the purposes of this Part, as a road carrier in respect of a type of fuel that is a qualifying motive fuel if the person uses fuel of that type in a specified commercial vehicle in a listed province unless the person is, or is required to be, registered, for the purposes of this Part as (a) a distributor in respect of that type of fuel; (b) a specified air carrier or air carrier in respect of that type of fuel; (c) a specified marine carrier or marine carrier in respect of that type of fuel; or (d) a specified rail carrier or rail carrier in respect of that type of fuel. Road carrier — registration required (2) A person is required to be registered for the purposes of this Part as a road carrier in respect of a type of fuel if (a) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) prescribed circumstances exist or prescribed conditions are met. Road carrier — registration permitted (3) A person may apply to the Minister to be registered for the purposes of this Part as a road carrier in respect of a type of fuel if (a) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) prescribed circumstances exist or prescribed conditions are met. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 63-65 Timing of application (4) A person that is required under this section to be registered as a road carrier in respect of a type of fuel must apply to the Minister for registration (a) unless paragraph (b) applies, before the later of commencement day and the day on which the person first uses fuel of that type in a specified commercial vehicle in a listed province; or (b) if prescribed circumstances exist or prescribed conditions are met, before the prescribed time. Non-application (5) This section does not apply (a) to a prescribed person, a person of a prescribed class or a person meeting prescribed conditions; or (b) if prescribed circumstances exist or prescribed conditions are met. Application for registration 64 (1) An application for registration under this Division is to be made in prescribed form containing prescribed information and is to be filed with the Minister in prescribed manner. Notification (2) The Minister may register any person that applies for registration and, if the Minister does so, the Minister must notify the person of the registration number assigned to the person for the purposes of this Part and of the effective date of the registration. Cancellation of registration 65 (1) The Minister may, after giving a person that is registered under this Division reasonable written notice, cancel a registration of the person under this Division if the Minister is satisfied that the registration is not required for the purposes of this Part. Request for cancellation (2) If a person files with the Minister in prescribed manner a request, in prescribed form containing prescribed information, to have a registration of the person Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Section 65 cancelled, the Minister must cancel the registration of the person if the Minister is satisfied that the registration is not required for the purposes of this Part. Cancellation in prescribed circumstances (3) The Minister must cancel a registration of a person under this Division in prescribed circumstances. Notice of cancellation (4) If the Minister cancels a registration of a person under this Division, the Minister must notify the person of the cancellation and the effective date of the cancellation. Cancellation — distributor (5) If a person is registered as a distributor in respect of a type of fuel, the Minister must cancel that registration when registering the person as (a) a specified air carrier or air carrier in respect of that type of fuel; (b) a specified marine carrier or marine carrier in respect of that type of fuel; or (c) a specified rail carrier or rail carrier in respect of that type of fuel. Cancellation — importer (6) If a person is registered as an importer in respect of a type of fuel, the Minister must cancel that registration when registering the person as (a) a distributor in respect of that type of fuel; (b) a specified air carrier or air carrier in respect of that type of fuel; (c) a specified marine carrier or marine carrier in respect of that type of fuel; (d) a specified rail carrier or rail carrier in respect of that type of fuel; (e) an emitter; or (f) a user in respect of that type of fuel. Cancellation — user (7) If a person is registered as a user in respect of a type of fuel, the Minister must cancel that registration when Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 65-66 registering the person as a distributor in respect of that type of fuel. Cancellation — road carrier (8) If a person is registered as a road carrier in respect of a type of fuel, the Minister must cancel that registration when registering the person as (a) a distributor in respect of that type of fuel; (b) a specified air carrier or air carrier in respect of that type of fuel; (c) a specified marine carrier or marine carrier in respect of that type of fuel; or (d) a specified rail carrier or rail carrier in respect of that type of fuel. Cancellation — carrier (9) If a person is registered, in respect of a type of fuel, as a specified air carrier, an air carrier, a specified marine carrier, a marine carrier, a specified rail carrier or a rail carrier, the Minister must, unless prescribed circumstances exist or prescribed conditions are met, cancel whichever of those registrations applies when registering the person as (a) a specified air carrier or air carrier in respect of that type of fuel; (b) a specified marine carrier or marine carrier in respect of that type of fuel; (c) a specified rail carrier or rail carrier in respect of that type of fuel; or (d) an emitter. Security 66 (1) For the purposes of this Part, the Minister may require a person that applies to be registered, or that is required to be registered, under this Division to give and maintain security, in an amount determined by the Minister and subject to any terms and conditions that the Minister may specify, for the payment of any amount that is or may become payable by the person under this Part. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION A Registration Sections 66-68 Failure to comply (2) If, at any time, a person referred to in subsection (1) fails to give or maintain security in an amount satisfactory to the Minister, the Minister may retain as security, out of any amount that may be or may become payable under this Part to the person, an amount not exceeding the amount determined by the formula A–B where A is the amount of security that would, at that time, be satisfactory to the Minister if it were given by the person in accordance with subsection (1); and B is the amount of security, if any, given and maintained by the person in accordance with subsection (1). Amount deemed paid (3) The amount retained under subsection (2) is deemed to have been paid, at the time referred to in that subsection, by the Minister to the person, and to have been given, immediately after that time, by the person as security in accordance with subsection (1). Registrations not statutory instruments 67 For greater certainty, a registration issued under this Part is not a statutory instrument for the purposes of the Statutory Instruments Act. SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Definition of calendar quarter 68 (1) For the purposes of this section, calendar quarter means a period of three months beginning on the first day of January, April, July or October. Reporting periods (2) For the purposes of this Part, a reporting period of a person is (a) unless paragraph (b) or (c) applies, a calendar month; (b) unless paragraph (c) applies, if the person is registered as a road carrier in respect of any type of fuel and is not otherwise registered, or required to be registered, under this Division, a calendar quarter; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Sections 68-69 (c) a prescribed period if (i) the person is a prescribed person, a person of a prescribed class or a person meeting prescribed conditions, or (ii) prescribed circumstances exist or prescribed conditions are met. Reporting period — registration or cancellation (3) Despite subsection (2), if at a particular time the Minister registers a person, or cancels a registration of a person, under this Division (a) the particular reporting period of the person that includes the particular time ends on the day that includes the particular time; and (b) a reporting period of the person begins on the day following the day that includes the particular time and ends on the day that is (i) unless subparagraph (ii) applies, the last day of the month that includes the particular time, or (ii) the last day of the calendar quarter that includes the particular time if, immediately after the particular time, the person is registered as a road carrier in respect of any type of fuel and is not otherwise registered, or required to be registered, under this Division. Filing required 69 (1) Every person that is registered or required to be registered under this Division must file a return with the Minister for each reporting period of the person. The return is to be filed not later than the last day of the first month after the reporting period. Filing required — non-registered persons (2) Every person that is not registered and not required to be registered under this Division must file a return with the Minister for each reporting period of the person in which a charge (other than a charge under subsection 20(3)) becomes payable by the person. The return is to be filed not later than the last day of the first month after the reporting period. Returns — regulations (3) If prescribed circumstances exist or prescribed conditions are met, a return for a reporting period that is a Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Sections 69-71 prescribed reporting period or a reporting period meeting prescribed conditions must, despite subsections (1) and (2), be filed in accordance with prescribed rules. Filing not required — regulations (4) If prescribed circumstances exist or prescribed conditions are met, a return for a reporting period that is a prescribed reporting period or a reporting period meeting prescribed conditions, despite subsections (1) and (2), is not required to be filed. Form and content 70 Every return required to be filed under section 69 is to be made in prescribed form containing prescribed information and is to be filed in prescribed manner. Net charge — obligation 71 (1) Every person that is required to file a return under section 69 must, in the return, determine the net charge for the reporting period of the person for which the return is required to be filed. Determination of net charge (2) Subject to this Part, the net charge for a particular reporting period of a person is the amount determined by the formula A+B where A is the total of all amounts, each of which is the amount determined for a listed province by the formula C−D where C is the total of all amounts, each of which is (a) a charge (other than a charge under subsection 20(3)) in respect of fuel and the listed province that becomes payable by the person in the particular reporting period, (b) a charge in respect of combustible waste and the listed province that becomes payable by the person in the particular reporting period, or (c) a prescribed amount, or an amount determined in prescribed manner, in respect of the listed province that is required to be added in Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Section 71 determining the net charge for the particular reporting period of the person, and D is the total of all amounts, each of which is (a) an amount of a rebate (other than a rebate under section 49 or a net charge rebate under subsection (4)) in respect of the listed province payable by the Minister in respect of a reporting period and that is claimed by the person in the return under section 69 for the particular reporting period, or (b) a prescribed amount, or an amount determined in prescribed manner, in respect of the listed province that may be deducted in determining the net charge for the particular reporting period of the person; and B the total of all amounts, each of which is a positive or negative prescribed amount, or an amount determined in prescribed manner, for the particular reporting period of the person. Requirement to pay (3) If the net charge for a reporting period of a person is a positive amount, the person must pay that amount to the Receiver General on or before the day on or before which the return for the reporting period is required to be filed. Net charge rebate (4) If the net charge for a reporting period of a person is a negative amount, the person may claim in the return filed under section 69 for that reporting period the amount of that net charge as a net charge rebate for the reporting period payable to the person by the Minister. The Minister must pay the net charge rebate to the person with all due dispatch after the return is filed. Restriction — net charge rebate (5) The Minister is not required to pay a net charge rebate under subsection (4) to a person unless the Minister is satisfied that all information, that is contact information or that is information relating to the identification and business activities of the person, to be given by the person on any application made by the person under this Division for registration has been provided and is accurate. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Sections 71-73 Interest on net charge rebate (6) If a net charge rebate for a reporting period of a person is paid to the person under subsection (4), interest at the prescribed rate is to be paid to the person on the net charge rebate for the period beginning on the day that is 30 days after the later of the day the return in which the net charge rebate is claimed is filed with the Minister and the day following the last day of the reporting period and ending on the day the net charge rebate is paid. Overpayment of rebate or interest 72 If an amount is paid to, or applied to a liability of, a person as a rebate, or as interest, under this Part and the person is not entitled to the rebate or interest, as the case may be, or the amount paid or applied exceeds the rebate or interest, as the case may be, to which the person is entitled, the person must pay to the Receiver General an amount equal to the rebate, interest or excess, as the case may be, on the day the rebate, interest or excess, as the case may be, is paid to, or applied to a liability of, the person. Reportable amount 73 (1) A person that is required to file, under section 69, a return for a reporting period of the person, must report in that return (a) the amount determined for each listed province that is included in the determination of A in the formula in subsection 71(2) for the reporting period of the person; and (b) an amount that is a prescribed amount or an amount determined in prescribed manner. Failure to report amounts (2) In addition to any other penalty under this Part, every person that fails to report an amount referred to in subsection (1) when and as required in a return required to be filed under section 69, or that misstates such an amount in the return, is liable to a penalty, for each failure or misstatement, equal to 5% of the absolute value of the difference between the amount and (a) if the person failed to report the amount as and when required, zero; and (b) if the person misstated the amount, the amount that was reported by the person in the return. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 4 Registration, Reporting Periods, Returns and Payments SUBDIVISION B Reporting Periods, Returns and Requirement to Pay Sections 73-74 DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Definitions 74 (1) The following definitions apply in this section. bankrupt has the same meaning as in section 2 of the Bankruptcy and Insolvency Act. (failli) business includes a part of a business. (entreprise) receiver means a person that (a) under the authority of a debenture, bond or other debt security, of a court order or of an Act of Parliament or of the legislature of a province, is empowered to operate or manage a business or a property of another person; (b) is appointed by a trustee under a trust deed in respect of a debt security to exercise the authority of the trustee to manage or operate a business or a property of the debtor under the debt security; (c) is appointed by a bank or an authorized foreign bank, as those terms are defined in section 2 of the Bank Act, to act as an agent or mandatary of the bank in the exercise of the authority of the bank under subsection 426(3) of that Act in respect of property of another person; (d) is appointed as a liquidator to liquidate the assets of a corporation or to wind up the affairs of a corporation; or (e) is appointed as a committee, guardian, curator, tutor or mandatary in case of incapacity with the authority to manage and care for the affairs and assets of an individual who is incapable of managing those affairs and assets. It includes a person that is appointed to exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, but, if a person is appointed to Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Section 74 exercise the authority of a creditor under a debenture, bond or other debt security to operate or manage a business or a property of another person, it does not include that creditor. (séquestre) relevant assets of a receiver means (a) if the receiver’s authority relates to all the properties, businesses, affairs and assets of a person, all those properties, businesses, affairs and assets; and (b) if the receiver’s authority relates to only part of the properties, businesses, affairs or assets of a person, that part of the properties, businesses, affairs or assets. (actif pertinent) representative means a person, other than a trustee in bankruptcy or a receiver, that is administering, winding up, controlling or otherwise dealing with any property, business, estate or succession of another person. (représentant) Trustee in bankruptcy — obligations (2) For the purposes of this Part, if on a particular day a person becomes a bankrupt, (a) the trustee in bankruptcy, and not the person, is liable for the payment of any amount (other than an amount that relates solely to activities in which the person begins to engage on or after the particular day and to which the bankruptcy does not relate) that is required to be paid by the person under this Part, during the period beginning on the day immediately after the day on which the trustee became the trustee in bankruptcy of the person and ending on the day on which the discharge of the trustee is granted under the Bankruptcy and Insolvency Act, except that (i) the trustee is liable for the payment of any amount that is required to be paid by the person under this Part after the particular day in respect of reporting periods that ended on or before the particular day but only to the extent of the property of the person in possession of the trustee available to satisfy the liability, (ii) the trustee is not liable for the payment of any amount for which a receiver is liable under subsection (3), and (iii) the payment by the person of an amount in respect of the liability discharges the liability of the trustee to the extent of that amount; (b) if, on the particular day the person is registered under Division 4 of this Part, the registration Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Section 74 continues in relation to the activities of the person to which the bankruptcy relates as though the trustee in bankruptcy were registered under that Division in the same capacity as the person in respect of those activities and ceases to apply to the activities of the person in which the person begins to engage on or after the particular day and to which the bankruptcy does not relate; (c) the reporting periods of the person begin and end on the day on which they would have begun and ended if the bankruptcy had not occurred, except that (i) the reporting period of the person during which the person becomes a bankrupt ends on the particular day and a new reporting period of the person in relation to the activities of the person to which the bankruptcy relates begins on the day immediately after the particular day, and (ii) the reporting period of the person, in relation to the activities of the person to which the bankruptcy relates, during which the trustee in bankruptcy is discharged under the Bankruptcy and Insolvency Act ends on the day on which the discharge is granted; (d) subject to paragraph (f), the trustee in bankruptcy must file with the Minister in the prescribed form and manner all returns in respect of the activities of the person to which the bankruptcy relates for the reporting periods of the person ending in the period beginning on the day immediately after the particular day and ending on the day on which the discharge of the trustee is granted under the Bankruptcy and Insolvency Act and that are required under this Part to be filed by the person, as if those activities were the only activities of the person; (e) subject to paragraph (f), if the person has not on or before the particular day filed a return required under this Part to be filed by the person for a reporting period of the person ending on or before the particular day, the trustee in bankruptcy must, unless the Minister waives in writing the requirement for the trustee to file the return, file with the Minister in the prescribed form and manner a return for that reporting period of the person; and (f) if there is a receiver with authority in respect of any business, property, affairs or assets of the person, the trustee in bankruptcy is not required to include in any return any information that the receiver is required under subsection (3) to include in a return. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Section 74 Receiver’s obligations (3) For the purposes of this Part, if on a particular day a receiver is vested with authority to manage, operate, liquidate or wind up any business or property, or to manage and care for the affairs and assets, of a person, (a) if the relevant assets of the receiver are a part and not all of the person’s businesses, properties, affairs or assets, the relevant assets of the receiver are deemed to be, throughout the period during which the receiver is acting as receiver of the person, separate from the remainder of the businesses, properties, affairs or assets of the person as though the relevant assets were businesses, properties, affairs or assets, as the case may be, of a separate person; (b) the person and the receiver are jointly and severally, or solidarily, liable for the payment of any amount that is required to be paid by the person under this Part before or during the period during which the receiver is acting as receiver of the person to the extent that the amount can reasonably be considered to relate to the relevant assets of the receiver or to the businesses, properties, affairs or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person at the time the amount became payable except that (i) the receiver is liable for the payment of any amount that is required to be paid by the person under this Part before that period only to the extent of the property of the person in possession or under the control and management of the receiver after (A) satisfying the claims of creditors whose claims ranked, on the particular day, in priority to the claim of the Crown in respect of the amount, and (B) paying any amounts that the receiver is required to pay to a trustee in bankruptcy of the person, (ii) the person is not liable for the payment of any amount payable by the receiver, and (iii) the payment by the person or the receiver of an amount in respect of the liability discharges the joint and several, or solidary, liability to the extent of that amount; (c) the reporting periods of the person begin and end on the day on which they would have begun and ended if the vesting had not occurred, except that Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Section 74 (i) the reporting period of the person, in relation to the relevant assets of the receiver, during which the receiver begins to act as receiver of the person, ends on the particular day and a new reporting period of the person in relation to the relevant assets begins on the day immediately after the particular day, and (ii) the reporting period of the person, in relation to the relevant assets, during which the receiver ceases to act as receiver of the person, ends on the day on which the receiver ceases to act as receiver of the person; (d) the receiver must file with the Minister in the prescribed form and manner all returns in respect of the relevant assets of the receiver for reporting periods ending in the period during which the receiver is acting as receiver and that are required under this Part to be made by the person, as if the relevant assets were the only businesses, properties, affairs and assets of the person; and (e) if the person has not on or before the particular day filed a return required under this Part to be filed by the person for a reporting period of the person ending on or before the particular day, the receiver must, unless the Minister waives in writing the requirement for the receiver to file the return, file with the Minister in the prescribed form and manner a return for that reporting period that relates to the businesses, properties, affairs or assets of the person that would have been the relevant assets of the receiver if the receiver had been acting as receiver of the person during that reporting period. Certificates for receivers and representatives (4) Every receiver and representative that controls property of another person that is required to pay any amount under this Part must, before distributing the property to any person, obtain a certificate from the Minister certifying that the following amounts have been paid or that security for the payment of them has, in accordance with this Part, been accepted by the Minister: (a) all amounts that are payable by the other person under this Part in respect of the reporting period during which the distribution is made, or any previous reporting period; and (b) all amounts that are, or can reasonably be expected to become, payable under this Part by the representative or receiver in that capacity in respect of the reporting period during which the distribution is made, or any previous reporting period. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Sections 74-76 Liability for failure to obtain certificate (5) Any receiver or representative that distributes property without obtaining a certificate in respect of the amounts referred to in subsection (4) is personally liable for the payment of those amounts to the extent of the value of the property so distributed. Estate or succession of a deceased individual 75 (1) Subject to subsections 74(4) and (5) and sections 76 and 77, if an individual dies, this Part (other than section 90) applies as though the estate or succession of the individual were the individual and the individual had not died, except that (a) the reporting period of the individual during which the individual died ends on the day the individual died; and (b) a reporting period of the estate or succession begins on the day after the individual died and ends on the day the reporting period of the individual would have ended if the individual had not died. Extension (2) Despite any other provision of this Part, if the return for the reporting period referred to in paragraph (1)(a) would, in the absence of this subsection, have been required to be filed earlier than the particular day that is the last day of the third month after the month in which the individual died, that return is required to be filed not later than the particular day and any amount payable under this Part in respect of that reporting period is payable to the Receiver General on the particular day. Definitions 76 (1) The following definitions apply in this section and in section 77. trust includes the estate or succession of a deceased individual. (fiducie) trustee includes the personal representative of a deceased individual, but does not include a receiver as defined in subsection 74(1). (fiduciaire) Trustee’s liability (2) Subject to subsection (3), each trustee of a trust is liable to satisfy every obligation imposed on the trust under this Part, whether the obligation was imposed during or before the period during which the trustee acts as trustee of the trust, but the satisfaction of an obligation of a trust by one of the trustees of the trust discharges the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION A Trustees, Receivers and Personal Representatives Sections 76-78 liability of all other trustees of the trust to satisfy that obligation. Joint and several or solidary liability (3) A trustee of a trust is jointly and severally, or solidarily, liable with the trust and each of the other trustees, if any, for the payment of all amounts that are required to be paid by the trust under this Part before or during the period during which the trustee acts as trustee of the trust except that (a) the trustee is liable for the payment of amounts that are required to be paid by the trust under this Part before the period only to the extent of the property of the trust under the control of the trustee; and (b) the payment by the trust or the trustee of an amount in respect of the liability discharges their liability to the extent of that amount. Waiver (4) The Minister may, in writing, waive the requirement for the personal representative of a deceased individual to file a return for a reporting period of the individual ending on or before the day the individual died. Activities of a trustee (5) For the purposes of this Part, if a person acts as trustee of a trust, anything done by the person in the person’s capacity as trustee of the trust is deemed to have been done by the trust and not by the person. Distribution by trust 77 For the purposes of this Part, if a trustee of a trust distributes, at a particular time, fuel of the trust to one or more persons, the distribution of the fuel is deemed to be a delivery of the fuel by the trust to the persons at the location at which the fuel is located at the particular time. SUBDIVISION B Amalgamation and Winding-up Amalgamations 78 (1) If two or more corporations (each of which is referred to in this section as a “predecessor”) are merged or amalgamated to form one corporation (in this section referred to as the “new corporation”), otherwise than as the result of the acquisition of property of one corporation by another corporation pursuant to the purchase of the property by the other corporation or as the result of the distribution of the property to the other corporation on the winding-up of the corporation, except for prescribed Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION B Amalgamation and Winding-up Sections 78-79 purposes, the new corporation is, for the purposes of this Part, deemed to be the same corporation as, and a continuation of, each predecessor. Registration (2) If a registration of any predecessor is not compatible under Division 4 of this Part with a registration of any other predecessor, the new corporation must apply for registration or apply for cancellation of a registration under that Division, as the case may be. Reporting period (3) If subsection (1) applies in respect of predecessors that are merged or amalgamated at a particular time (a) the reporting period of each predecessor that includes the particular time ends on the day that includes the particular time; and (b) a reporting period of the new corporation begins on the day following the day that includes the particular time and ends on the last day of the reporting period of the new corporation, if that reporting period were determined in the absence of this subsection, that includes the particular time. Winding-up 79 (1) If at a particular time a particular corporation is wound up and not less than 90% of the issued shares of each class of the capital stock of the particular corporation were, immediately before the particular time, owned by another corporation, except for prescribed purposes, the other corporation is, for the purposes of this part, deemed to be the same corporation as, and a continuation of, the particular corporation. Registration (2) If a registration of the particular corporation referred to in subsection (1) is not compatible under Division 4 of this Part with a registration of the other corporation referred to in that subsection, the other corporation must apply for registration or apply for cancellation of a registration under that Division, as the case may be. Reporting period (3) If the other corporation referred to in subsection (1) is deemed to be the same corporation as, and a continuation of, the particular corporation referred to in that subsection Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION B Amalgamation and Winding-up Sections 79-80 (a) the reporting period of the particular corporation that includes the particular time referred to in that subsection ends on the day that includes the particular time; and (b) a reporting period of the other corporation begins on the day following the day that includes the particular time and ends on the last day of the reporting period of the other corporation, if that reporting period were determined in the absence of this subsection, that includes the particular time. SUBDIVISION C Partnerships and Joint Ventures Partnerships 80 (1) For the purposes of this Part, anything done by a person as a member of a partnership is deemed to have been done by the partnership in the course of the partnership’s activities and not to have been done by the person. Joint and several or solidary liability (2) A partnership and each member or former member (each of which is referred to in this subsection as the “member”) of the partnership (other than a member that is a limited partner and is not a general partner) are jointly and severally, or solidarily, liable for (a) the payment of all amounts that are required to be paid by the partnership under this Part before or during the period during which the member is a member of the partnership or, if the member was a member of the partnership at the time the partnership was dissolved, after the dissolution of the partnership, except that (i) the member is liable for the payment of amounts that become payable before the period only to the extent of the property that is regarded as property of the partnership under the relevant laws of general application in force in a province relating to partnerships, and (ii) the payment by the partnership or by any member of the partnership of an amount in respect of the liability discharges their liability to the extent of that amount; and (b) all other obligations under this Part that arose before or during that period for which the partnership is liable or, if the member was a member of the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION C Partnerships and Joint Ventures Sections 80-82 partnership at the time the partnership was dissolved, the obligations that arose upon or as a consequence of the dissolution. Joint ventures 81 (1) For the purposes of this Part, anything done by a participant in a joint venture, or by an operator of the joint venture, in the course of the activities for which the joint venture agreement was entered into are deemed to have been done by the joint venture in the course of the joint venture’s activities and not to have been done by the participant or operator. Joint and several or solidary liability (2) A joint venture and each participant in, or operator of, the joint venture (each of which is referred to in this subsection as the “member”) are jointly and severally, or solidarily, liable for (a) the payment of all amounts that become payable by the joint venture under this Part before or during the period during which the member is a participant in, or operator of, the joint venture, except that the payment by the joint venture or by any member of an amount in respect of the liability discharges their liability to the extent of that amount; and (b) all other obligations under this Part that arose before or during that period for which the joint venture is liable. SUBDIVISION D Anti-avoidance Definitions 82 (1) The following definitions apply in this section. benefit means a reduction, an avoidance or a deferral of a charge or other amount payable by a person under this Part or an increase in a rebate or other amount payable to a person under this Part. (avantage) charge-related consequences to a person means the amount of charge, net charge, rebate, net charge rebate, or other amount payable by, or payable to, the person under this Part, or any other amount that is relevant to the purposes of computing that amount. (attribut lié à la redevance) transaction includes an arrangement or event. (opération) Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION D Anti-avoidance Section 82 General anti-avoidance provision (2) If a transaction is an avoidance transaction, the charge-related consequences to a person must be determined as is reasonable in the circumstances in order to deny a benefit that, but for this section, would result directly or indirectly from that transaction or from a series of transactions that include that transaction. Avoidance transaction (3) An avoidance transaction means any transaction (a) that, but for this section, would result directly or indirectly in a benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the benefit; or (b) that is part of a series of transactions, which series, but for this section, would result directly or indirectly in a benefit, unless the transaction may reasonably be considered to have been undertaken or arranged primarily for bona fide purposes other than to obtain the benefit. Provision not applicable (4) For greater certainty, subsection (2) does not apply in respect of a transaction if it may reasonably be considered that the transaction would not result directly or indirectly in a misuse of the provisions of this Part or in an abuse having regard to the provisions of this Part (other than this section) read as a whole. Determination of charge-related consequences (5) Without restricting the generality of subsection (2), in determining the charge-related consequences to a person, as is reasonable in the circumstances, in order to deny a benefit that would, but for this section, result directly or indirectly from an avoidance transaction (a) any rebate or any deduction in net charge may be allowed or disallowed, in whole or in part; (b) any rebate or deduction referred to in paragraph (a) may, in whole or in part, be allocated to any person; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION D Anti-avoidance Sections 82-83 (c) the nature of any payment or other amount may be recharacterized; and (d) the effects that would otherwise result from the application of other provisions of this Part may be ignored. Exception (6) Despite any other provision of this Part, the chargerelated consequences to any person following the application of this section must only be determined through an assessment, reassessment or additional assessment involving the application of this section. Definitions 83 (1) The following definitions apply in this section. benefit has the meaning assigned by subsection 82(1). (avantage) rate change means any change in any rate in respect of a type of fuel, or in respect of combustible waste, for a listed province. (modification de taux) transaction has the meaning assigned by subsection 82(1). (opération) Rate change — transactions (2) If (a) a transaction, or a series of transactions, involving property is made between two or more persons, all of whom are not dealing with each other at arm’s length at the time any of those transactions are made; (b) the transaction, any of the transactions in the series of transactions or the series of transactions would in the absence of this section result directly or indirectly in a benefit to one or more of the persons involved in the transaction or series of transactions; and (c) it may not reasonably be considered that the transaction, or the series of transactions, has been undertaken or arranged primarily for bona fide purposes other than to obtain a benefit, arising from a rate change, for one or more of the persons involved in the transaction or series of transactions; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 5 Miscellaneous SUBDIVISION D Anti-avoidance Sections 83-85 the amount of charge, net charge, rebate, net charge rebate or other amount payable by, or payable to, any of those persons under this Part, or any other amount that is relevant for the purposes of computing that amount must be determined as is reasonable in the circumstances in order to deny the benefit to any of those persons. Denying benefit on transactions (3) Despite any other provision of this Part, a benefit must only be denied under subsection (2) through an assessment, reassessment or additional assessment. DIVISION 6 Administration and Enforcement SUBDIVISION A Payments Person resident in Canada 84 For the purposes of this Division, a person is deemed to be resident in Canada at any time (a) in the case of a corporation, if the corporation is incorporated or continued in Canada and not continued elsewhere; (b) in the case of a partnership, a joint venture, an unincorporated society, a club, an association or an organization, or a branch thereof, if the member or participant, or a majority of the members or participants, having management and control thereof is or are resident in Canada at that time; (c) in the case of a labour union, if it is carrying on activities as such in Canada and has a local union or branch in Canada at that time; or (d) in the case of an individual, if the individual is deemed under any of paragraphs 250(1)(b) to (f) of the Income Tax Act to be resident in Canada at that time. Set-off of rebates 85 If, at any time, a person files a return under section 69 in which the person reports an amount that is required to be paid under this Part by the person and the person claims a rebate under section 49 payable to the person under this Part at that time, in the return or in Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION A Payments Sections 85-88 another return, or in a separate application filed under this Part with the return, the person is deemed to have paid at that time, and the Minister is deemed to have rebated at that time, an amount equal to the lesser of the amount required to be paid and the amount of the rebate. Large payments 86 Every person that is required under this Part to pay an amount to the Receiver General must, if the amount is $50,000 or more, make the payment to the account of the Receiver General at (a) a bank; (b) a credit union; (c) a corporation authorized under the laws of Canada or a province to carry on the business of offering its services as a trustee to the public; or (d) a corporation that is authorized under the laws of Canada or a province to accept deposits from the public and that carries on the business of lending money on the security of real property or immovables or investing in indebtedness on the security of mortgages on real property or hypothecs on immovables. Small amounts owing 87 (1) If, at any time, the total of all unpaid amounts owing by a person to the Receiver General under this Part does not exceed $2.00, the amount owing by the person is deemed to be nil. Small amounts payable (2) If, at any time, the total of all amounts payable by the Minister to a person under this Part does not exceed $2.00, the Minister may apply those amounts against any amount owing, at that time, by the person to Her Majesty in right of Canada. However, if the person, at that time, does not owe any amount to Her Majesty in right of Canada, those amounts payable are deemed to be nil. Authority for separate returns 88 (1) A person that engages in one or more activities in separate branches or divisions may file an application, in the prescribed form and manner, with the Minister for authority to file separate returns and applications for rebates under this Part in respect of a branch or division specified in the application. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION A Payments Sections 88-89 Authorization by Minister (2) On receipt of the application, the Minister may, in writing, authorize the person to file separate returns and applications for rebates in relation to the specified branch or division, subject to any conditions that the Minister may at any time impose, if the Minister is satisfied that (a) the branch or division can be separately identified by reference to its location or the nature of the activities engaged in by it; and (b) separate records, books of account and accounting systems are maintained in respect of the branch or division. Revocation of authorization (3) The Minister may revoke an authorization if (a) the person, in writing, requests the Minister to revoke the authorization; (b) the person fails to comply with any condition imposed in respect of the authorization or any provision of this Part; (c) the Minister is no longer satisfied that the requirements of subsection (2) in respect of the person are met; or (d) the Minister considers that the authorization is no longer required. Notice of revocation (4) If the Minister revokes an authorization, the Minister must send a notice in writing of the revocation to the person and must specify in the notice the effective date of the revocation. Definition of electronic filing 89 (1) For the purposes of this section, electronic filing means using electronic media in a manner specified in writing by the Minister. Electronic filing of return (2) A person that is required to file with the Minister a return under this Part, and that meets the criteria specified in writing by the Minister for the purposes of this section, may file the return by way of electronic filing. Mandatory filing of return by electronic transmission (3) If a person is, in respect of a reporting period of the person, a prescribed person, a person of a prescribed Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION A Payments Sections 89-91 class or a person meeting prescribed conditions, the person must file its return for the reporting period by way of electronic filing in the manner specified by the Minister for the person. Deemed filing (4) For the purposes of this Part, if a person files a return by way of electronic filing, the return is deemed to be a return made in the prescribed form filed with the Minister on the day the Minister acknowledges acceptance of it. Execution of returns, etc. 90 A return (other than a return filed by way of electronic filing under section 89), certificate or other document made under this Part (other than an exemption certificate referred to in section 36) by a person that is not an individual must be signed on behalf of the person by an individual duly authorized to do so by the person or the governing body of the person and the following people are deemed to be so duly authorized, (a) if the person is a corporation or an association or organization that has duly elected or appointed officers, the president, vice-president, secretary and treasurer, or other equivalent officers, of the person; and (b) if the person is the estate or succession of a deceased individual, the personal representative of the estate or succession. Extension of time 91 (1) The Minister may at any time extend, in writing, the time for filing a return or providing information under this Part. Effect of extension (2) If the Minister extends the time within which a person must file a return or provide information under subsection (1), (a) the return must be filed, or the information must be provided, within the time so extended; (b) any amount payable that the person is required to report in the return must be paid within the time so extended; (c) any interest payable under section 97 on the amount referred to in paragraph (b) must be calculated as though the amount were required to be paid on the day on which the extended time expires; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION A Payments Sections 91-96 (d) any penalty payable under section 123 in respect of the return must be calculated as though the return were required to be filed on the day on which the extended time expires. Demand for return 92 The Minister may, on demand sent by the Minister, require a person to file, within any reasonable time stipulated in the demand, a return under this Part for any period designated in the demand. SUBDIVISION B Administration and Officers Minister’s duty 93 The Minister must administer and enforce this Part and the Commissioner may exercise the powers and perform the duties of the Minister under this Part. Staff 94 (1) The persons that are necessary to administer and enforce this Part are to be appointed, employed or engaged in the manner authorized by law. Delegation of powers (2) The Minister may authorize any person employed or engaged by the Canada Revenue Agency or who occupies a position of responsibility in the Canada Revenue Agency to exercise powers or perform duties of the Minister, including any judicial or quasi-judicial power or duty of the Minister, under this Part. Administration of oaths 95 Any person, if designated by the Minister for the purpose, may administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the administration or enforcement of this Part, and every person so designated has for those purposes all the powers of a commissioner for administering oaths or taking affidavits. Inquiry 96 (1) The Minister may, for any purpose related to the administration or enforcement of this Part, authorize any person, whether or not the person is an officer of the Canada Revenue Agency, to make any inquiry that the Minister may deem necessary with reference to anything relating to the administration or enforcement of this Part. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION B Administration and Officers Section 96 Appointment of hearing officer (2) If the Minister, under subsection (1), authorizes a person to make an inquiry, the Minister must forthwith apply to the Tax Court of Canada for an order appointing a hearing officer before whom the inquiry will be held. Powers of hearing officer (3) For the purposes of an inquiry authorized under subsection (1), a hearing officer appointed under subsection (2) in relation to the inquiry has all the powers conferred on a commissioner by sections 4 and 5 of the Inquiries Act and that may be conferred on a commissioner under section 11 of that Act. When powers to be exercised (4) A hearing officer appointed under subsection (2) in relation to an inquiry must exercise the powers conferred on a commissioner by section 4 of the Inquiries Act in relation to any persons that the person authorized to make the inquiry considers appropriate for the conduct of the inquiry, but the hearing officer is not to exercise the power to punish any person unless, on application by the hearing officer, a judge, including a judge of a county court, certifies that the power may be exercised in the matter disclosed in the application and the applicant has given to the person in respect of whom the power is proposed to be exercised 24 hours notice of the hearing of the application, or any shorter notice that the judge considers reasonable. Rights of witnesses (5) Any person who gives evidence in an inquiry authorized under subsection (1) is entitled to be represented by counsel and, on request made by the person to the Minister, to receive a transcript of that evidence. Rights of person investigated (6) Any person whose affairs are investigated in the course of an inquiry authorized under subsection (1) is entitled to be present and to be represented by counsel throughout the inquiry unless the hearing officer appointed under subsection (2), on application by the Minister or a person giving evidence, orders otherwise in relation to the whole or any part of the inquiry, on the ground that the presence of the person and the person’s counsel, or either of them, would be prejudicial to the effective conduct of the inquiry. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION C Interest Sections 97-99 SUBDIVISION C Interest Compound interest on amounts not paid when required 97 (1) If a person fails to pay an amount to the Receiver General as and when required under this Part, the person must pay to the Receiver General interest on the amount. The interest must be compounded daily at the prescribed rate and computed for the period that begins on the first day after the day on or before which the amount was required to be paid and that ends on the day the amount is paid. Payment of interest that is compounded (2) For the purposes of subsection (1), interest that is compounded on a particular day on an unpaid amount of a person is deemed to be required to be paid by the person to the Receiver General at the end of the particular day, and, if the person has not paid the interest so computed by the end of the day after the particular day, the interest must be added to the unpaid amount at the end of the particular day. Payment before specified date (3) If the Minister has served a demand that a person pay on or before a specified date all amounts payable by the person under this Part on the date of the demand, and the person pays the amount demanded on or before the specified date, the Minister must waive any interest that would otherwise apply in respect of the amount demanded for the period beginning on the first day following the date of the demand and ending on the day of payment. Compound interest on amounts owed by Her Majesty 98 Interest must be compounded daily at the prescribed rate on amounts owed under this Part by Her Majesty in right of Canada to a person and computed for the period beginning on the first day after the day on which the amount is required to be paid by Her Majesty in right of Canada and ending on the day on which the amount is paid or is applied against an amount owed by the person to Her Majesty in right of Canada. Application of interest provisions if Part amended 99 For greater certainty, if a provision of an Act amends this Part and provides that the amendment comes into force on, or applies as of, a particular day that is before the day on which the provision is assented to, the provisions of this Part that relate to the calculation and payment of interest apply in respect of the amendment as Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION C Interest Sections 99-102 though the provision had been assented to on the particular day. Waiving or reducing interest 100 (1) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a person, or on application by the person on or before that day, waive, cancel or reduce any interest payable by the person under this Part on an amount that is required to be paid by the person under this Part in respect of the reporting period. Interest where amounts waived or reduced (2) If a person has paid an amount of interest and the Minister has waived or reduced under subsection (1) any portion of the amount, the Minister must pay interest at the prescribed rate on an amount equal to the portion of the amount that was waived or reduced beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that subsection and ending on the day on which the portion is rebated to the person. Cancellation of penalties and interest 101 If at any time a person pays all charges and amounts under section 72 payable by the person under this Part for a reporting period of the person and, immediately before that time, the total, for the reporting period, of all interest payable by the person under section 97 and penalties payable under section 123 is not more than $25, the Minister may cancel the total of the penalties and interest. SUBDIVISION D Financial Administration Act and Service Fees Act Dishonoured instruments 102 For the purposes of this Part and section 155.1 of the Financial Administration Act, any charge that is payable at any time by a person under the Financial Administration Act in respect of an instrument tendered in payment or settlement of an amount that is payable under this Part is deemed to be an amount that is payable by the person at that time under this Part. In addition, Part II of the Interest and Administrative Charges Regulations does not apply to the charge and any debt under subsection 155.1(3) of the Financial Administration Act Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION D Financial Administration Act and Service Fees Act Sections 102-104 in respect of the charge is deemed to be extinguished at the time the total of the amount and any applicable interest under this Part is paid. Service Fees Act 103 For greater certainty, the Service Fees Act does not apply to any charge or other amount payable under this Part. SUBDIVISION E Records and Information Keeping records 104 (1) Every person that pays or is required to pay a charge, every person that is required under this Part to file a return and every person that makes an application for a rebate must keep all records that are necessary to enable the determination of the person’s liabilities and obligations under this Part or the amount of any rebate to which the person is entitled under this Part and whether the person has complied with this Part. Minister may specify information (2) The Minister may specify the form a record is to take and any information that the record must contain. Language and location of record (3) Unless otherwise authorized by the Minister, a record must be kept in Canada in English or in French. Electronic records (4) Every person required under this Part to keep a record that does so electronically must ensure that all equipment and software necessary to make the record intelligible are available during the retention period required for the record. Exemptions (5) The Minister may, on any terms and conditions that are acceptable to the Minister, exempt a person or a class of persons from the requirement in subsection (4). Inadequate records (6) If a person fails to keep adequate records for the purposes of this Part, the Minister may, in writing, require the person to keep any records that the Minister may specify, and the person must keep the records specified by the Minister. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Sections 104-106 General period for retention (7) Every person that is required to keep records must retain them until the expiry of six years after the end of the year to which they relate or for any other period that may be prescribed. Objection or appeal (8) If a person that is required under this Part to keep records serves a notice of objection or is a party to an appeal or reference under this Part, the person must retain every record that pertains to the subject-matter of the objection, appeal or reference until the objection, appeal or reference is finally disposed of. Demand by Minister (9) If the Minister is of the opinion that it is necessary for the administration or enforcement of this Part, the Minister may, by a demand served personally or confirmed delivery service, require any person required under this Part to keep records to retain those records for any period that is specified in the demand, and the person must comply with the demand. Permission for earlier disposal (10) A person that is required under this Part to keep records may dispose of them before the expiry of the period during which they are required to be kept if written permission for their disposal is given by the Minister. Electronic funds transfer 105 For greater certainty, information obtained by the Minister under Part XV.1 of the Income Tax Act may be used for the purposes of this Part. Requirement to provide information or record 106 (1) Despite any other provision of this Part, the Minister may, subject to subsection (2), for any purpose related to the administration or enforcement of this Part, by a notice served or sent in accordance with subsection (1.1), require a person resident in Canada or a person that is not resident in Canada but that is engaged in activities in Canada to provide any information or record. Notice (1.1) A notice referred to in subsection (1) may be (a) served personally; (b) sent by confirmed delivery service; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Sections 106-107 (c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (1) electronically. Unnamed persons (2) The Minister must not impose on any person (in this section referred to as a “third party”) a requirement to provide information or any record relating to one or more unnamed persons unless the Minister first obtains the authorization of a judge under subsection (3). Judicial authorization (3) A judge of the Federal Court may, on application by the Minister and subject to any conditions that the judge considers appropriate, authorize the Minister to impose on a third party a requirement under subsection (1) relating to an unnamed person or more than one unnamed person (in this subsection referred to as the “group”) if the judge is satisfied by information on oath that (a) the person or group is ascertainable; and (b) the requirement is made to verify compliance by the person or persons in the group with any obligation under this Part. 2018, c. 12, s. 186 “106”; 2021, c. 23, s. 78. Definitions 107 (1) The following definitions apply in this section. authorized person means a person who is engaged or employed, or who was formerly engaged or employed, by or on behalf of Her Majesty in right of Canada to assist in carrying out the provisions of this Part. (personne autorisée) business number means the number (other than a Social Insurance Number) used by the Minister to identify a person registered for the purposes of this Part. (numéro d’entreprise) confidential information means information of any kind and in any form that relates to one or more persons and that is (a) obtained by or on behalf of the Minister for the purposes of this Act, or (b) prepared from information referred to in paragraph (a), Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Section 107 but does not include information that does not directly or indirectly reveal the identity of the person to whom it relates and, for the purposes of applying subsections (3), (13) and (15) to a representative of a government entity that is not an official, includes only the information described in paragraph (6)(b). (renseignement confidentiel) court of appeal has the same meaning as in section 2 of the Criminal Code. (cour d’appel) government entity means (a) a department or agency of the government of Canada or of a province; (b) a municipality; (c) an aboriginal government as defined in subsection 2(1) of the Federal-Provincial Fiscal Arrangements Act; (d) a corporation all of the shares (except directors’ qualifying shares) of the capital stock of which are owned by one or more persons each of which is (i) Her Majesty in right of Canada, (ii) Her Majesty in right of a province, (iii) a municipality, or (iv) a corporation described in this paragraph; or (e) a board or commission, established by Her Majesty in right of Canada or a province, that performs an administrative or regulatory function of government, or by a municipality, that performs an administrative or regulatory function of a municipality. (entité gouvernementale) municipality means an incorporated city, town, village, metropolitan authority, township, district, county or rural municipality or other incorporated municipal body however designated. (municipalité) official means a person that is employed in the service of, that occupies a position of responsibility in the service of, or that is engaged by or on behalf of Her Majesty in right of Canada or a province, or a person that was formerly so employed, that formerly occupied such a position or that formerly was so engaged. (fonctionnaire) representative of a government entity means a person that is employed in the service of, that occupies a position of responsibility in the service of, or that is engaged by or on behalf of, a government entity, and includes, for Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Section 107 the purposes of subsections (2), (3), (13) and (15), a person that was formerly so employed, that formerly occupied such a position or that formerly was so engaged. (représentant) Provision of confidential information (2) Except as authorized under this section, an official or other representative of a government entity must not knowingly (a) provide, or allow to be provided, to any person any confidential information; (b) allow any person to have access to any confidential information; or (c) use any confidential information other than in the course of the administration or enforcement of this Act. Confidential information evidence not compellable (3) Despite any other Act of Parliament or other law, no official or other representative of a government entity is required, in connection with any legal proceedings, to give or produce evidence relating to any confidential information. Communications — proceedings have been commenced (4) Subsections (2) and (3) do not apply in respect of (a) criminal proceedings, either by indictment or on summary conviction, that have been commenced by the laying of an information or the preferring of an indictment, under an Act of Parliament; or (b) any legal proceedings relating to the administration or enforcement of this Act, the Canada Pension Plan, the Employment Insurance Act or any other Act of Parliament or law of a province that provides for the payment of a duty or tax. Authorized provision of confidential information (5) The Minister may provide appropriate persons with any confidential information that may reasonably be regarded as necessary solely for a purpose relating to the life, health or safety of an individual or to the environment in Canada or any other country. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Section 107 Disclosure of confidential information (6) An official may provide any confidential information (a) to an official of the Department of the Environment solely for the purposes of Part 2 or the formulation or evaluation of greenhouse gas pollution pricing policy; or (b) to a person identified in subsection 211(6) of the Excise Act, 2001, but only to the extent that the information is described in that subsection and solely for the applicable purposes identified in that subsection. Restrictions on information sharing (7) No information may be provided to a representative of a government entity under paragraph (6)(b) in connection with a program, activity or service provided or undertaken by the government entity unless the government entity uses the business number as an identifier in connection with the program, activity or service. Public disclosure (8) The Minister may, in connection with a program, activity or service provided or undertaken by the Minister, make available to the public the business number of, and the name of (including any trade name or other name used by), the holder of a business number. Public disclosure by representative of government entity (9) A representative of a government entity may, in connection with a program, activity or service provided or undertaken by the government entity, make available to the public the business number of, and the name of (including any trade name or other name used by), the holder of a business number, if (a) a representative of the government entity was provided with that information pursuant to paragraph (6)(b); and (b) the government entity uses the business number as an identifier in connection with the program, activity or service. Serious offences (10) An official may provide information to a law enforcement officer of an appropriate police organization in the circumstances described in subsection 211(6.4) of the Excise Act, 2001. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Section 107 Threats to security (11) An official may provide information to the head, or their delegate, of a recipient Government of Canada institution listed in Schedule 3 to the Security of Canada Information Sharing Act in the circumstances described in subsection 211(6.5) of the Excise Act, 2001. Measures to prevent unauthorized use or disclosure (12) The person presiding at a legal proceeding relating to the supervision, evaluation or discipline of an authorized person may order any measures that are necessary to ensure that confidential information is not used or provided to any person for any purpose not relating to that proceeding, including (a) holding a hearing in camera; (b) banning the publication of the information; (c) concealing the identity of the person to whom the information relates; and (d) sealing the records of the proceeding. Disclosure to person or on consent (13) An official or other representative of a government entity may provide confidential information relating to a person (a) to that person; and (b) with the consent of that person, to any other person. Confirmation of registration and business number (14) On being provided by any person with information specified by the Minister sufficient to identify a single person and a number, an official may confirm or deny that the following statements are both true: (a) the identified person is registered under Division 4 of this Part; and (b) the number is the business number of the identified person. Appeal from order or direction (15) An order or direction that is made in the course of or in connection with any legal proceedings and that Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION E Records and Information Sections 107-108 requires an official or other representative of a government entity to give or produce evidence relating to any confidential information may, by notice served on all interested parties, be appealed forthwith by the Minister or by the person against whom the order or direction is made to (a) the court of appeal of the province in which the order or direction is made, in the case of an order or direction made by a court or other tribunal established under the laws of the province, whether that court or tribunal is exercising a jurisdiction conferred by the laws of Canada; or (b) the Federal Court of Appeal, in the case of an order or direction made by a court or other tribunal established under the laws of Canada. Disposition of appeal (16) The court to which an appeal is taken under subsection (15) may allow the appeal and quash the order or direction appealed from or may dismiss the appeal, and the rules of practice and procedure from time to time governing appeals to the courts must apply, with any modifications that the circumstances require, in respect of an appeal instituted under subsection (15). Stay (17) An appeal instituted under subsection (15) must stay the operation of the order or direction appealed from until judgment is pronounced. SUBDIVISION F Assessments Assessment 108 (1) The Minister may assess a person for any charge or other amount payable by the person under this Part and may, despite any previous assessment covering, in whole or in part, the same matter, vary the assessment, reassess the person assessed or make any additional assessments that the circumstances require. Liability not affected (2) The liability of a person to pay an amount under this Part is not affected by an incorrect or incomplete assessment or by the fact that no assessment has been made. Minister not bound (3) The Minister is not bound by any return, application or information provided by or on behalf of any person Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION F Assessments Sections 108-109 and may make an assessment despite any return, application or information provided or not provided. Rebate on reassessment (4) If a person has paid an amount assessed under this section and the amount paid exceeds the amount determined on reassessment to have been payable by the person, the Minister must provide a rebate to the person equal to the excess and, for the purpose of section 98, the rebate is deemed to have been required to be paid on the day on which the amount was paid to the Minister together with interest on the excess at the prescribed rate for the period beginning on the day the amount was paid by the person and ending on the day the rebate is paid. Determination of rebates (5) In making an assessment, the Minister may take into account any rebate payable to the person being assessed under this Part. If the Minister does so, the person is deemed to have applied for the rebate under this Part on the day the notice of assessment is sent. Interest on cancelled amounts (6) Despite subsection (4), if a person has paid an amount of interest or penalty and the Minister waives or cancels that amount under section 100 or 125, the Minister must rebate the amount to the person, together with interest on the amount at the prescribed rate for the period beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that section and ending on the day on which the rebate is paid. Restriction on rebates (7) An amount under this section must not be rebated to a person at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Part, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister. 2018, c. 12, s. 186 “108”; 2022, c. 5, s. 38. Assessment of rebate 109 (1) On receipt of an application made by a person for a rebate under this Part, the Minister must, without delay, consider the application and assess the amount of the rebate, if any, payable to the person. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION F Assessments Sections 109-111 Reassessment (2) The Minister may reassess or make an additional assessment of the amount of a rebate despite any previous assessment of the amount of the rebate. Assessment of overpayment of rebate (3) The Minister may assess, reassess or make an additional assessment of an amount payable by a person under section 72 despite any previous assessment of the amount. Payment (4) If, on assessment under this section, the Minister determines that a rebate is payable to a person, the Minister must pay the rebate to the person. Restriction (5) An amount under this section must not be rebated to a person at any time, unless all returns of which the Minister has knowledge and that are required to be filed at or before that time by the person under this Part, the Excise Tax Act, the Income Tax Act, the Air Travellers Security Charge Act, the Excise Act, 2001 and the Underused Housing Tax Act have been filed with the Minister. Interest (6) If a rebate under this section is paid to a person, the Minister must pay interest at the prescribed rate to the person on the rebate for the period beginning on the day that is 30 days after the day on which the application for the rebate is filed with the Minister and ending on the day on which the rebate is paid. 2018, c. 12, s. 186 “109”; 2022, c. 5, s. 39. Notice of assessment 110 (1) After making an assessment under this Part, the Minister must send to the person assessed a notice of the assessment. Payment of remainder (2) If the Minister has assessed a person for an amount, any portion of that amount then remaining unpaid is payable to the Receiver General as of the date of the notice of assessment. Limitation period for assessments 111 (1) Subject to subsections (3) to (7) and (10), no assessment in respect of any charge or other amount Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION F Assessments Section 111 payable by a person under this Part must be made more than four years after it became payable by the person under this Part. Period for assessment of rebate (2) Subject to subsections (3) to (7) and (10), an assessment under subsection 109(1) of the amount of a rebate may be made at any time, but a reassessment or additional assessment under section 109 or an assessment under subsection 109(3) in respect of an amount paid or applied as a rebate or of an amount paid or applied as interest in respect of an amount paid or applied as a rebate is not to be made more than four years after the day the application for the rebate was filed in accordance with this Part. Exception — objection or appeal (3) A variation of an assessment, or a reassessment, in respect of any charge or other amount payable under this Part by a person may be made at any time if the variation or reassessment is made (a) to give effect to a decision on an objection or appeal; (b) with the written consent of an appellant to dispose of an appeal; or (c) to give effect to an alternative basis or argument advanced by the Minister under subsection (7). Exception — neglect or fraud (4) An assessment in respect of any matter may be made at any time if the person to be assessed has, in respect of that matter, (a) made a misrepresentation that is attributable to their neglect, carelessness or wilful default; or (b) committed fraud with respect to a return or an application for a rebate filed under this Part. Exception — other period (5) If, in making an assessment, the Minister determines that a person has paid in respect of any matter an amount as or on account of a charge, or net charge, payable for a particular reporting period of the person that was in fact payable for another reporting period of Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION F Assessments Section 111 the person, the Minister may at any time make an assessment for that other period in respect of that matter. Exception — adjustment to rebate (6) If the result of a reassessment on an objection to, or a decision on an appeal from, an assessment is to reduce the amount of a charge, or net charge, payable by a person and, by reason of the reduction, any rebate claimed by the person for a reporting period, or in an application for a rebate, should be reduced, the Minister may at any time assess or reassess that reporting period or that application for rebate, as the case may be, only for the purpose of taking the reduction of charge into account in respect of the rebate. Alternative basis or argument (7) The Minister may advance an alternative basis or argument in support of an assessment of a person, or in support of all or any portion of the total amount determined on assessment to be payable by a person under this Part, at any time after the period otherwise limited by subsection (1) or (2) for making the assessment unless, on an appeal under this Part, (a) there is relevant evidence that the person is no longer able to adduce without leave of the court; and (b) it is not appropriate in the circumstances for the court to order that the evidence be adduced. Limitation (8) If a reassessment of a person is made that gives effect to an alternative basis or argument advanced by the Minister under subsection (7) in support of a particular assessment of the person, the Minister is not to reassess for an amount that is greater than the total amount of the particular assessment. Exception (9) Subsection (8) does not apply to any portion of an amount determined on reassessment that the Minister would be entitled to reassess under this Part at any time after the period otherwise limited by subsection (1) or (2) for making the reassessment if this Part were read without reference to subsection (7). Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION F Assessments Sections 111-113 Exception — waiver (10) An assessment in respect of any matter specified in a waiver filed under subsection (11) may be made at any time within the period specified in the waiver unless the waiver has been revoked under subsection (12), in which case an assessment may be made at any time during the 180 days that the waiver remains in effect. Filing waiver (11) Any person may, within the time otherwise limited by subsection (1) or (2) for an assessment, waive the application of subsection (1) or (2) by filing with the Minister a waiver in the prescribed form specifying the period for which, and the matter in respect of which, the person waives the application of that subsection. Revoking waiver (12) Any person that has filed a waiver may revoke it by filing with the Minister a notice of revocation of the waiver in the prescribed form and manner. The waiver remains in effect for 180 days after the day on which the notice is filed. Payment of rebates and other amounts 112 Subject to section 165, a rebate or other amount authorized to be paid under this Part may be paid out of the Consolidated Revenue Fund at the time and in the manner that the Minister considers appropriate. SUBDIVISION G Objections to Assessment Objection to assessment 113 (1) Any person that has been assessed and that objects to the assessment may, within 90 days after the date of the notice of the assessment, file with the Minister a notice of objection in the prescribed form and manner setting out the reasons for the objection and all relevant facts. Issue to be decided (2) A notice of objection must (a) reasonably describe each issue to be decided; (b) specify in respect of each issue the relief sought, expressed as the change in any amount that is relevant for the purposes of the assessment; and (c) provide the facts and reasons relied on by the person in respect of each issue. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION G Objections to Assessment Section 113 Late compliance (3) Despite subsection (2), if a notice of objection does not include the information required under paragraph (2)(b) or (c) in respect of an issue to be decided that is described in the notice, the Minister may, in writing, request the person to provide the information, and that paragraph is deemed to be complied with in respect of the issue if, within 60 days after the day on which the request is made, the person submits the information in writing to the Minister. Limitation on objections (4) Despite subsection (1), if a person has filed a notice of objection to an assessment (in this subsection referred to as the “earlier assessment”) and the Minister makes a particular assessment under subsection (8) as a result of the notice of objection, unless the earlier assessment was made in accordance with an order of a court vacating, varying or restoring an assessment or referring an assessment back to the Minister for reconsideration and reassessment, the person may object to the particular assessment in respect of an issue (a) only if the person complied with subsection (2) in the notice with respect to that issue; and (b) only with respect to the relief sought in respect of that issue as specified by the person in the notice. Application — subsection (4) (5) Subsection (4) does not limit the right of the person to object to the particular assessment in respect of an issue that was part of the particular assessment and not part of the earlier assessment. Limitation on objections (6) Despite subsection (1), no objection may be made by a person in respect of an issue for which the right of objection has been waived in writing by the person. Acceptance of objection (7) The Minister may accept a notice of objection even though it was not filed in the prescribed form and manner. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION G Objections to Assessment Sections 113-114 Consideration of objection (8) On receipt of a notice of objection, the Minister must, without delay, reconsider the assessment and vacate or confirm it or make a reassessment. Waiving reconsideration (9) If, in a notice of objection, a person that wishes to appeal directly to the Tax Court of Canada requests the Minister not to reconsider the assessment objected to, the Minister may confirm the assessment without reconsideration. Notice of decision (10) After reconsidering an assessment under subsection (8) or confirming an assessment under subsection (9), the Minister must notify the person objecting to the assessment of the Minister’s decision in writing. Extension of time by Minister 114 (1) If no objection to an assessment is filed under section 113 within the time limited under this Part, a person may make an application to the Minister to extend the time for filing a notice of objection and the Minister may grant the application. Contents of application (2) An application must set out the reasons why the notice of objection was not filed within the time limited under this Part for doing so. How application made (3) An application must be made by delivering or mailing, to the Assistant Commissioner of the Appeals Branch of the Canada Revenue Agency, the application accompanied by a copy of the notice of objection. Defect in application (4) The Minister may accept an application even though it was not made in accordance with subsection (3). Duties of Minister (5) On receipt of an application, the Minister must, without delay, consider the application and grant or refuse it, and must notify the person of the decision in writing. Date of objection if application granted (6) If an application is granted, the notice of objection is deemed to have been filed on the day of the decision of the Minister. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION G Objections to Assessment Sections 114-115 Conditions — grant of application (7) An application must not be granted under this section unless (a) the application is made within one year after the expiry of the time limited under this Part for objecting; and (b) the person demonstrates that (i) within the time limited under this Part for objecting, the person (A) was unable to act or to give a mandate to act in their name, or (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application was made as soon as circumstances permitted it to be made. SUBDIVISION H Appeal Extension of time by Tax Court of Canada 115 (1) A person that has made an application under section 114 may apply to the Tax Court of Canada to have the application granted after either (a) the Minister has refused the application; or (b) 90 days have elapsed after the day on which the application was made and the Minister has not notified the person of the Minister’s decision. When application may not be made (2) No application may be made after the expiry of 30 days after the day on which the decision referred to in subsection 114(5) was sent to the person. How application made (3) An application must be made by filing in the Registry of the Tax Court of Canada, in accordance with the Tax Court of Canada Act, three copies of the documents delivered or mailed under subsection 114(3). Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Sections 115-116 Copy to the Commissioner (4) The Tax Court of Canada must send a copy of the application to the Commissioner. Powers of Tax Court of Canada (5) The Tax Court of Canada may dispose of an application by dismissing or granting it and, in granting it, the Court may impose any terms that it considers just or order that the notice of objection be deemed to be a valid objection as of the date of the order. When application to be granted (6) An application must not be granted under this section unless (a) the application under subsection 114(1) was made within one year after the expiry of the time limited under this Part for objecting; and (b) the person demonstrates that (i) within the time limited under this Part for objecting, the person (A) was unable to act or to give a mandate to act in their name, or (B) had a bona fide intention to object to the assessment, (ii) given the reasons set out in the application under this section and the circumstances of the case, it would be just and equitable to grant the application, and (iii) the application under subsection 114(1) was made as soon as circumstances permitted it to be made. Appeal to Tax Court of Canada 116 (1) Subject to subsection (2), a person that has filed a notice of objection to an assessment may appeal to the Tax Court of Canada to have the assessment vacated or a reassessment made after (a) the Minister has confirmed the assessment or has reassessed; or (b) 180 days have elapsed after the day on which the notice of objection was filed and the Minister has not notified the person that the Minister has vacated or confirmed the assessment or has reassessed. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Sections 116-117 No appeal (2) No appeal under subsection (1) may be instituted after the expiry of 90 days after the day on which notice that the Minister has reassessed or confirmed the assessment is sent to the person under subsection 113(10). Amendment of appeal (3) The Tax Court of Canada may, on any terms that it sees fit, authorize a person that has instituted an appeal in respect of a matter to amend the appeal to include any further assessment in respect of the matter that the person is entitled under this section to appeal. Extension of time to appeal 117 (1) If no appeal to the Tax Court of Canada under section 116 has been instituted within the time limited by that section for doing so, a person may make an application to the Tax Court of Canada for an order extending the time within which an appeal may be instituted, and the Court may make an order extending the time for appealing and may impose any terms that it considers just. Contents of application (2) An application must set out the reasons why the appeal was not instituted within the time limited under section 116 for doing so. How application made (3) An application must be made by filing in the Registry of the Tax Court of Canada, in accordance with the Tax Court of Canada Act, three copies of the application together with three copies of the notice of appeal. Copy to Deputy Attorney General of Canada (4) The Tax Court of Canada must send a copy of the application to the office of the Deputy Attorney General of Canada. When order to be made (5) An order must not be made under this section unless (a) the application is made within one year after the expiry of the time limited under section 116 for appealing; and (b) the person demonstrates that (i) within the time limited under section 116 for appealing, the person (A) was unable to act or to give a mandate to act in their name, or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Sections 117-121 (B) had a bona fide intention to appeal, (ii) given the reasons set out in the application and the circumstances of the case, it would be just and equitable to grant the application, (iii) the application was made as soon as circumstances permitted it to be made, and (iv) there are reasonable grounds for the appeal. Limitation on appeals to the Tax Court of Canada 118 (1) Despite section 116, if a person has filed a notice of objection to an assessment, the person may appeal to the Tax Court of Canada to have the assessment vacated, or a reassessment made, only with respect to (a) an issue in respect of which the person has complied with subsection 113(2) in the notice and the relief sought in respect of the issue as specified by the person in the notice; or (b) an issue described in subsection 113(5) if the person was not required to file a notice of objection to the assessment that gave rise to the issue. No appeal if waiver (2) Despite section 116, a person may not appeal to the Tax Court of Canada to have an assessment vacated or varied in respect of an issue for which the right of objection or appeal has been waived in writing by the person. Institution of appeals 119 An appeal to the Tax Court of Canada under this Part must be instituted in accordance with the Tax Court of Canada Act. Disposition of appeal 120 The Tax Court of Canada may dispose of an appeal from an assessment by (a) dismissing it; or (b) allowing it and (i) vacating the assessment, or (ii) referring the assessment back to the Minister for reconsideration and reassessment. References to Tax Court of Canada 121 (1) If the Minister and another person agree in writing that a question arising under this Part, in respect Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Sections 121-122 of any assessment or proposed assessment of the person, should be determined by the Tax Court of Canada, that question must be determined by that Court. Time during consideration not to count (2) For the purpose of making an assessment of a person that agreed in writing to the determination of a question, filing a notice of objection to an assessment or instituting an appeal from an assessment, the time between the day on which proceedings are instituted in the Tax Court of Canada to have a question determined and the day on which the question is finally determined must not be counted in the computation of (a) the four-year period referred to in subsection 111(1); (b) the period within which a notice of objection to an assessment may be filed under section 113; or (c) the period within which an appeal may be instituted under section 116. Reference of common questions to Tax Court of Canada 122 (1) If the Minister is of the opinion that a question arising out of one and the same transaction or occurrence or series of transactions or occurrences is common to assessments or proposed assessments in respect of two or more persons, the Minister may apply to the Tax Court of Canada for a determination of the question. Contents of application (2) An application must set out (a) the question in respect of which the Minister requests a determination; (b) the names of the persons that the Minister seeks to have bound by the determination; and (c) the facts and reasons on which the Minister relies and on which the Minister based or intends to base assessments of each person named in the application. Service (3) A copy of the application must be served by the Minister on each of the persons named in it and on any other person that, in the opinion of the Tax Court of Canada, is likely to be affected by the determination of the question. Determination by Tax Court of Canada of question (4) If the Tax Court of Canada is satisfied that a determination of a question set out in an application will affect Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Section 122 assessments or proposed assessments in respect of two or more persons that have been served with a copy of the application and that are named in an order of the Tax Court of Canada under this subsection, it may (a) if none of the persons named in the order has appealed from such an assessment, proceed to determine the question in any manner that it considers appropriate; or (b) if one or more of the persons named in the order has or have appealed, make any order that it considers appropriate joining a party or parties to that appeal or those appeals and proceed to determine the question. Determination final and conclusive (5) Subject to subsection (6), if a question set out in an application is determined by the Tax Court of Canada, the determination is final and conclusive for the purposes of any assessments of persons named by the Court under subsection (4). Appeal (6) If a question set out in an application is determined by the Tax Court of Canada, the Minister or any of the persons that have been served with a copy of the application and that are named in an order of the Court under subsection (4) may, in accordance with the provisions of this Part, the Tax Court of Canada Act or the Federal Courts Act, as they relate to appeals from or applications for judicial review of decisions of the Tax Court of Canada, appeal from the determination. Parties to appeal (7) The parties that are bound by a determination are parties to any appeal from the determination. Time during consideration not counted (8) For the purpose of making an assessment of a person, filing a notice of objection to an assessment or instituting an appeal from an assessment, the periods described in subsection (9) must not be counted in the computation of (a) the four-year period referred to in subsection 111(1); (b) the period within which a notice of objection to an assessment may be filed under section 113; or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION H Appeal Sections 122-124 (c) the period within which an appeal may be instituted under section 116. Excluded periods (9) The period that is not to be counted in the computation of the periods described in paragraphs (8)(a) to (c) is the time between the day on which an application that is made under this section is served on a person under subsection (3) and (a) in the case of a person named in an order of the Tax Court of Canada under subsection (4), the day on which the determination becomes final and conclusive and not subject to any appeal; or (b) in the case of any other person, the day on which the person is served with a notice that the person has not been named in an order of the Tax Court of Canada under subsection (4). SUBDIVISION I Penalties Failure to file a return when required 123 Every person that fails to file a return for a reporting period as and when required under this Part is liable to pay a penalty equal to the sum of (a) an amount equal to 1% of the total of all amounts each of which is an amount that is required to be paid for the reporting period and was not paid on the day on which the return was required to be filed, and (b) the amount obtained when one quarter of the amount determined under paragraph (a) is multiplied by the number of complete months, not exceeding 12, from the day on which the return was required to be filed to the day on which the return is filed. Failure to file by electronic transmission 124 In addition to any other penalty under this Part, every person that fails to file a return under this Part for a reporting period as required by subsection 89(3) is liable to pay a penalty equal to an amount determined in prescribed manner. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION I Penalties Sections 125-130 Waiving or cancelling penalties 125 (1) The Minister may, on or before the day that is 10 calendar years after the end of a reporting period of a person, or on application by the person on or before that day, waive or cancel all or any portion of any penalty under this Part payable by the person in respect of the reporting period. Interest if amount waived or cancelled (2) If a person has paid an amount of penalty and the Minister waives or cancels that amount under subsection (1), the Minister must pay interest on the amount paid by the person beginning on the day that is 30 days after the day on which the Minister received a request in a manner satisfactory to the Minister to apply that subsection and ending on the day on which the amount is rebated to the person. Failure to register 126 Every person that is required to be registered under Division 4 of this Part but does not apply for registration under that Division as and when required is liable to pay a penalty of $2,000. General penalty 127 Every person that fails to comply with any provision of this Part for which no other penalty is specified is liable to pay a penalty of $250. Failure to answer demand 128 Every person that fails to file a return as and when required under a demand issued under section 92 is liable to a penalty of $500. Failure to provide information 129 Every person that fails to provide any information or record as and when required under this Part is liable to a penalty of $250 for every failure unless, in the case of information required in respect of another person, a reasonable effort was made by the person to obtain the information. Failure to provide information 130 Every person that fails to report an amount prescribed by regulation, or to provide information prescribed by regulation, in a return prescribed by regulation as and when required, or that misstates such an amount or such information in such a return, is liable to pay a penalty, in addition to any other penalty under this Part, equal to an amount determined in prescribed manner for each such failure or misstatement by the person. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION I Penalties Sections 130-132 False statements or omissions 131 Every person that knowingly, or under circumstances amounting to gross negligence, makes or participates in, assents to or acquiesces in the making of a false statement or omission in a return, application, form, certificate, statement, invoice or answer (each of which is in this section referred to as a “return”) is liable to pay a penalty of the greater of $500 and 25% of the total of (a) if the false statement or omission is relevant to the determination of an amount payable under this Part by the person, the amount, if any, by which (i) the amount payable exceeds (ii) the amount that would be payable by the person if the amount payable were determined on the basis of the information provided in the return, and (b) if the false statement or omission is relevant to the determination of a rebate or any other payment that may be obtained under this Part, the amount, if any, by which (i) the amount that would be the rebate or other payment payable to the person if the rebate or other payment were determined on the basis of the information provided in the return exceeds (ii) the amount of the rebate or other payment payable to the person. SUBDIVISION J Offences and Punishment Offence for failure to file return or to comply with demand or order 132 (1) Every person that fails to file or make a return as and when required under this Part or that fails to comply with an obligation under subsection 104(6) or (9) or section 106, or an order made under section 137, is guilty of an offence and, in addition to any penalty otherwise provided, is liable on summary conviction to a fine of not less than $2,000 and not more than $40,000 or to imprisonment for a term not exceeding 12 months, or to both. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION J Offences and Punishment Sections 132-133 Saving (2) A person that is convicted of an offence under subsection (1) for a failure to comply with a provision of this Part is not liable to pay a penalty under this Part for the same failure, unless a notice of assessment for the penalty was issued before the information or complaint giving rise to the conviction was laid or made. Offences for false or deceptive statement 133 (1) Every person commits an offence that (a) makes, or participates in, assents to or acquiesces in the making of, a false or deceptive statement in a return, application, certificate, statement, document, record or answer filed or made as required under this Part; (b) for the purposes of evading payment of any amount payable under this Part, or obtaining a rebate or other payment payable under this Part to which the person is not entitled, (i) destroys, alters, mutilates, conceals or otherwise disposes of any records of a person, or (ii) makes, or assents to or acquiesces in the making of, a false or deceptive entry, or omits, or assents to or acquiesces in the omission, to enter a material particular in the records of a person; (c) intentionally, in any manner, evades or attempts to evade compliance with this Part or payment of an amount payable under this Part; (d) intentionally, in any manner, obtains or attempts to obtain a rebate or other payment payable under this Part to which the person is not entitled; or (e) conspires with any person to commit an offence described in any of paragraphs (a) to (d). Punishment (2) Every person that commits an offence under subsection (1) is guilty of an offence punishable on summary conviction and, in addition to any penalty otherwise provided, is liable to Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION J Offences and Punishment Sections 133-134 (a) a fine of not less than 50%, and not more than 200%, of the amount payable that was sought to be evaded, or of the rebate or other payment sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $2,000 and not more than $40,000; (b) imprisonment for a term not exceeding two years; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding two years. Prosecution on indictment (3) Every person that is charged with an offence described in subsection (1) may, at the election of the Attorney General of Canada, be prosecuted on indictment and, if convicted, is, in addition to any penalty otherwise provided, liable to (a) a fine of not less than 100%, and not more than 200%, of the amount payable that was sought to be evaded, or of the rebate or other payment sought, or, if the amount that was sought to be evaded cannot be ascertained, a fine of not less than $5,000 and not more than $100,000; (b) imprisonment for a term not exceeding five years; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding five years. Penalty on conviction (4) A person that is convicted of an offence under this section is not liable to pay a penalty imposed under this Part for the same evasion or attempt unless a notice of assessment for that penalty was issued before the information or complaint giving rise to the conviction was laid or made. Stay of appeal (5) If, in any appeal under this Part, substantially the same facts are at issue as those that are at issue in a prosecution under this section, the Minister may file a stay of proceedings with the Tax Court of Canada and, upon that filing, the proceedings before the Tax Court of Canada are stayed pending a final determination of the outcome of the prosecution. Offence — confidential information 134 (1) A person is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION J Offences and Punishment Sections 134-137 imprisonment for a term not exceeding 12 months, or to both, if that person (a) contravenes subsection 107(2); or (b) knowingly contravenes an order made under subsection 107(12). Offence — confidential information (2) Every person to whom confidential information has been provided for a particular purpose under subsection 107(6) and that for any other purpose knowingly uses, provides to any person, allows the provision to any person of, or allows any person access to, that information is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months, or to both. Definition of confidential information (3) In this section, confidential information has the same meaning as in subsection 107(1). Failure to pay charge 135 Every person that intentionally fails to pay a charge as and when required under this Part is guilty of an offence punishable on summary conviction and liable, in addition to any penalty or interest otherwise provided, to (a) a fine not exceeding the aggregate of $1,000 and an amount equal to 20% of the amount of charge that should have been paid; (b) imprisonment for a term not exceeding six months; or (c) both a fine referred to in paragraph (a) and imprisonment for a term not exceeding six months. General offence 136 Every person that fails to comply with any provision of this Part for which no other offence is specified in this Part is guilty of an offence punishable on summary conviction and liable to a fine of not more than $100,000 or to imprisonment for a term of not more than 12 months, or to both. Compliance orders 137 If a person is convicted by a court of an offence for a failure to comply with a provision of this Part, the court may make any order that it deems appropriate to enforce compliance with the provision. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION J Offences and Punishment Sections 138-140 Officers of corporations, etc. 138 If a person other than an individual commits an offence under this Part, every officer, director or representative of the person that directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted. Power to decrease punishment 139 Despite the Criminal Code or any other law, the court has, in any prosecution or proceeding under this Part, neither the power to impose less than the minimum fine fixed under this Part nor the power to suspend sentence. Information or complaint 140 (1) An information or complaint under this Part may be laid or made by any officer of the Canada Revenue Agency, by a member of the Royal Canadian Mounted Police or by any person authorized to do so by the Minister and, if an information or complaint purports to have been laid or made under this Part, it is deemed to have been laid or made by a person so authorized by the Minister and must not be called in question for lack of authority of the informant or complainant, except by the Minister or a person acting for the Minister or for Her Majesty in right of Canada. Two or more offences (2) An information or complaint in respect of an offence under this Part may be for one or more offences, and no information, complaint, warrant, conviction or other proceeding in a prosecution under this Part is objectionable or insufficient by reason of the fact that it relates to two or more offences. Territorial jurisdiction (3) An information or complaint in respect of an offence under this Part may be heard, tried or determined by any court having territorial jurisdiction where the accused is resident, carrying on a commercial activity, found, apprehended or in custody, despite that the matter of the information or complaint did not arise within that territorial jurisdiction. Limitation of prosecutions (4) No proceeding by way of summary conviction in respect of an offence under this Part may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION J Offences and Punishment Sections 140-141 and the defendant agree that they may be instituted after the five years. SUBDIVISION K Inspections By whom 141 (1) A person authorized by the Minister to do so may, at all reasonable times, for any purpose related to the administration or enforcement of this Part, inspect, audit or examine the records, processes, property or premises of a person that may be relevant in determining the obligations of that or any other person under this Part, or the amount of any rebate to which that or any other person is entitled under this Part and whether that person or any other person is in compliance with this Part. Powers of authorized person (2) For the purposes of an inspection, audit or examination, the authorized person may (a) enter any place in which the authorized person reasonably believes the person keeps or should keep records, carries on any activity to which this Part applies or does anything in relation to that activity; and (b) require any individual to be present during the inspection, audit or examination and require that individual to answer all proper questions and to give to the authorized person all reasonable assistance. Prior authorization (3) If any place referred to in paragraph (2)(a) is a dwelling-house, the authorized person may not enter that dwelling-house without the consent of the occupant, except under the authority of a warrant issued under subsection (4). Warrant to enter dwelling-house (4) A judge may issue a warrant authorizing a person to enter a dwelling-house subject to the conditions specified in the warrant if, on ex parte application by the Minister, a judge is satisfied by information on oath that (a) there are reasonable grounds to believe that the dwelling-house is a place referred to in paragraph (2)(a); (b) entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Part; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Sections 141-142 (c) entry into the dwelling-house has been, or there are reasonable grounds to believe that entry will be, refused. Orders if entry not authorized (5) If the judge is not satisfied that entry into the dwelling-house is necessary for any purpose related to the administration or enforcement of this Part, the judge may, to the extent that access was or may be expected to be refused and that a record or property is or may be expected to be kept in the dwelling-house, (a) order the occupant of the dwelling-house to provide a person with reasonable access to any record or property that is or should be kept in the dwellinghouse; and (b) make any other order that is appropriate in the circumstances to carry out the purposes of this Part. Definition of dwelling-house (6) In this section, dwelling-house means the whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence, and includes (a) a building within the curtilage of a dwelling-house that is connected to it by a doorway or by a covered and enclosed passageway; and (b) a unit that is designed to be mobile and to be used as a permanent or temporary residence and that is being used as such a residence. Compliance order 142 (1) On summary application by the Minister, a judge may, despite section 137, order a person to provide any access, assistance, information or record sought by the Minister under section 106 or 141 if the judge is satisfied that the person was required under section 106 or 141 to provide the access, assistance, information or record and did not do so. Notice required (2) An application under subsection (1) must not be heard before the end of five clear days from the day the notice of application is served on the person against which the order is sought. Judge may impose conditions (3) The judge making an order under subsection (1) may impose any conditions in respect of the order that the judge considers appropriate. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Sections 142-143 Contempt of court (4) If a person fails or refuses to comply with an order, a judge may find the person in contempt of court and the person is subject to the processes and the punishments of the court to which the judge is appointed. Appeal (5) An order by a judge under subsection (1) may be appealed to a court having appellate jurisdiction over decisions of the court to which the judge is appointed. An appeal does not suspend the execution of the order unless it is so ordered by a judge of the court to which the appeal is made. Search warrant 143 (1) A judge may, on ex parte application by the Minister, issue a warrant authorizing any person named in the warrant to enter and search any building, receptacle or place for any record or thing that may afford evidence of the commission of an offence under this Part and to seize the record or thing and, as soon as is practicable, bring it before, or make a report in respect of the record or thing to, the judge or, if that judge is unable to act, another judge of the same court, to be dealt with by the judge in accordance with this section. Evidence on oath (2) An application under subsection (1) must be supported by information on oath establishing the facts on which the application is based. Issue of warrant (3) A judge may issue a warrant referred to in subsection (1) if the judge is satisfied that there are reasonable grounds to believe that (a) an offence under this Part has been committed; (b) a record or thing that may afford evidence of the commission of the offence is likely to be found; and (c) the building, receptacle or place specified in the application is likely to contain a record or thing referred to in paragraph (b). Contents of warrant (4) A warrant issued under subsection (1) must refer to the offence for which it is issued, identify the building, receptacle or place to be searched and the person that is alleged to have committed the offence, and it must be Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Section 143 reasonably specific as to any record or thing to be searched for and seized. Seizure (5) Any person that executes a warrant issued under subsection (1) may seize, in addition to the record or thing referred to in that subsection, any other record or thing that the person believes on reasonable grounds affords evidence of the commission of an offence under this Part and must, as soon as is practicable, bring the record or thing before, or make a report in respect of the record or thing, the judge that issued the warrant or, if that judge is unable to act, another judge of the same court, to be dealt with by the judge in accordance with this section. Retention (6) Subject to subsection (7), if any record or thing seized under subsection (1) or (5) is brought before a judge or a report in respect of the record or thing is made to a judge, the judge must, unless the Minister waives retention, order that it be retained by the Minister, that must take reasonable care to ensure that it is preserved until the conclusion of any investigation into the offence in relation to which the record or thing was seized or until it is required to be produced for the purposes of a criminal proceeding. Return of records or things seized (7) If any record or thing seized under subsection (1) or (5) is brought before a judge or a report in respect of the record or thing is made to a judge, the judge may, on the judge’s own motion or on summary application by a person with an interest in the record or thing on three clear days notice of application to the Deputy Attorney General of Canada, order that the record or thing be returned to the person from which it was seized or the person that is otherwise legally entitled to the record or thing, if the judge is satisfied that the record or thing (a) will not be required for an investigation or a criminal proceeding; or (b) was not seized in accordance with the warrant or this section. Access and copies (8) The person from which any record or thing is seized under this section is entitled, at all reasonable times and subject to any reasonable conditions that may be imposed by the Minister, to inspect the record or thing and, in the case of a document, to obtain one copy of the record at the expense of the Minister. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Section 144 Definition of foreign-based information or record 144 (1) For the purposes of this section, foreign-based information or record means any information or record that is available or located outside Canada and that may be relevant to the administration or enforcement of this Part. Requirement to provide foreign-based information (2) Despite any other provision of this Part, the Minister may, by a notice served or sent in accordance with subsection (3.1), require a person resident in Canada or a non-resident person that carries on business in Canada to provide any foreign-based information or record. Notice (3) A notice referred to in subsection (2) must set out (a) a reasonable period of time of not less than 90 days for the provision of the information or record; (b) a description of the information or record being sought; and (c) the consequences under subsection (8) to the person of the failure to provide the information or record being sought within the period of time set out in the notice. Notice (3.1) A notice referred to in subsection (2) may be (a) served personally; (b) sent by confirmed delivery service; or (c) sent electronically to a bank or credit union (as defined in subsection 123(1) of the Excise Tax Act) that has provided written consent to receive notices under subsection (2) electronically. Review of foreign information requirement (4) If a person is served or sent a notice of a requirement under subsection (2), the person may, within 90 days after the day on which the notice was served or sent, apply to a judge for a review of the requirement. Powers on review (5) On hearing an application under subsection (4) in respect of a requirement, a judge may (a) confirm the requirement; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Sections 144-145 (b) vary the requirement if the judge is satisfied that it is appropriate in the circumstances; or (c) set aside the requirement if the judge is satisfied that it is unreasonable. Related person (6) For the purposes of subsection (5), a requirement to provide information or a record is not to be considered to be unreasonable because the information or record is under the control of, or available to, a non-resident person that is not controlled by the person on which the notice of the requirement under subsection (2) is served, or to which that notice is sent, if that person is related, within the meaning of section 6 of the Excise Act, 2001, to the non-resident person. Time during consideration not to count (7) The period of time between the day an application for the review of a requirement is made under subsection (4) and the day the review is decided must not be counted in the computation of (a) the period of time set out in the notice of the requirement; and (b) the period of time within which an assessment may be made under section 108 or 109. Consequence of failure (8) If a person fails to comply substantially with a notice served or sent under subsection (2) and if the notice is not set aside under subsection (5), any court having jurisdiction in a civil proceeding relating to the administration or enforcement of this Part must, on motion of the Minister, prohibit the introduction by that person of any foreign-based information or record covered by that notice. 2018, c. 12, s. 186 “144”; 2021, c. 23, s. 79. Copies 145 If any record is seized, inspected, audited, examined or provided under any of sections 96, 106 and 141 to 143, the person by whom it is seized, inspected, audited or examined or to whom it is provided or any officer of the Canada Revenue Agency may make or cause to be made one or more copies of it and, in the case of an electronic record, make or cause to be made a print-out of the electronic record, and any record purporting to be certified by the Minister or an authorized person to be a copy of the record, or to be a print-out of an electronic record, made under this section is evidence of the nature and content of the original record and has the same probative force as the original record would have if it were proven in the ordinary way. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION K Inspections Sections 145-148 Compliance 146 Every person must, unless the person is unable to do so, do everything the person is required to do by or pursuant to any of sections 106 and 141 to 145 and no person is to, physically or otherwise, do or attempt to do any of the following: (a) interfere with, hinder or molest any official as defined in section 107 doing anything the official is authorized to do under this Part; or (b) prevent any official from doing anything the official is authorized to do under this Part. Information respecting non-resident persons 147 Every person that is liable, at any time in a calendar year, to pay an amount of charge under this Part must, in respect of each non-resident person with which it was not, in prescribed circumstances, dealing at arm’s length at any time in the year, file with the Minister, within six months after the end of the year, prescribed information for the year in respect of transactions with that person. SUBDIVISION L Collection Definitions 148 (1) The following definitions apply in this section. action means an action to collect a charge debt of a person and includes a proceeding in a court and anything done by the Minister under any of sections 152 to 157. (action) charge debt means any amount payable by a person under this Part. (dette) legal representative of a person means a trustee in bankruptcy, an assignee, a liquidator, a curator, a receiver of any kind, a trustee, an heir, an administrator, an executor, a liquidator of a succession, a committee, or any other like person, administering, winding up, controlling or otherwise dealing in a representative or fiduciary capacity with any property, business, commercial activity or estate or succession that belongs or belonged to, or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 148 that is or was held for the benefit of, the person or the person’s estate or succession. (représentant légal) Debts to Her Majesty (2) A charge debt is a debt due to Her Majesty in right of Canada and is recoverable as such in the Federal Court or any other court of competent jurisdiction or in any other manner provided under this Part. Court proceedings (3) The Minister may not commence a proceeding in a court to collect a charge debt of a person in respect of an amount that may be assessed under this Part, unless when the proceeding is commenced the person has been or may be assessed for that amount. No actions after limitation period (4) The Minister may not commence an action to collect a charge debt after the end of the limitation period for the collection of the charge debt. Limitation period (5) The limitation period for the collection of a charge debt of a person (a) begins (i) if a notice of assessment in respect of the charge debt, or a notice referred to in subsection 158(1) in respect of the charge debt, is sent to or served on the person, on the last day on which one of those notices is sent or served, and (ii) if no notice referred to in subparagraph (i) in respect of the charge debt was sent or served, on the earliest day on which the Minister can commence an action to collect that charge debt; and (b) ends, subject to subsection (9), on the day that is 10 years after the day on which it begins. Limitation period restarted (6) The limitation period described in subsection (5) for the collection of a charge debt of a person restarts (and ends, subject to subsection (9), on the day that is 10 years after the day on which it restarts) on any day, before it would otherwise end, on which (a) the person acknowledges the charge debt in accordance with subsection (7); Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 148 (b) all or part of the charge debt is deemed under section 85 to have been paid; (c) the Minister commences an action to collect the charge debt; or (d) the Minister assesses, under this Part, another person in respect of the charge debt. Acknowledgement of charge debts (7) A person acknowledges a charge debt if the person (a) promises, in writing, to pay the charge debt; (b) makes a written acknowledgement of the charge debt, whether or not a promise to pay can be inferred from the acknowledgement and whether or not it contains a refusal to pay; or (c) makes a payment, including a purported payment by way of a negotiable instrument that is dishonoured, on account of the charge debt. Agent or mandatary or legal representative (8) For the purposes of this section, an acknowledgement made by a person’s agent or mandatary or legal representative has the same effect as if it were made by the person. Extension of limitation period (9) In computing the day on which a limitation period ends, there must be added the number of days on which one or more of the following is the case: (a) the Minister has postponed collection action against the person under subsection (12) in respect of the charge debt; (b) the Minister has accepted and holds security in lieu of payment of the charge debt; (c) if the person was resident in Canada on the applicable date described in paragraph (5)(a) in respect of the charge debt, the person is non-resident; (d) the Minister may not, because of any of subsections 150(2) to (5), take any of the actions described in subsection 150(1) in respect of the charge debt; or (e) an action that the Minister may otherwise take in respect of the charge debt is restricted or not permitted under any provision of the Bankruptcy and Insolvency Act, of the Companies’ Creditors Arrangement Act or of the Farm Debt Mediation Act. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 148-149 Assessment before collection (10) The Minister may not take any collection action under sections 152 to 157 in respect of any amount payable by a person that may be assessed under this Part, other than interest under section 97, unless the amount has been assessed. Payment of remainder (11) If the Minister sends a notice of assessment to a person, any amount assessed then remaining unpaid is payable forthwith by the person to the Receiver General. Minister may postpone collection (12) The Minister may, subject to any terms and conditions that the Minister may stipulate, postpone collection action against a person in respect of all or any part of any amount assessed that is the subject of a dispute between the Minister and the person. Interest on judgments (13) If a judgment is obtained for any amount payable under this Part, including a certificate registered under section 152, the provisions of this Part by which interest is payable for a failure to pay an amount apply, with any modifications that the circumstances require, to the failure to pay the judgment debt, and the interest is recoverable in like manner as the judgment debt. Litigation costs (14) If an amount is payable by a person to Her Majesty in right of Canada because of an order, judgment or award of a court in respect of the costs of litigation relating to a matter to which this Part applies, sections 149 and 152 to 158 apply to the amount as if it were payable under this Part. Security 149 (1) The Minister may, if the Minister considers it advisable, accept security in an amount and a form satisfactory to the Minister for the payment of any amount that is or may become payable under this Part. Surrender of excess security (2) If a person that has given security, or on whose behalf security has been given, under this section requests in writing that the Minister surrender the security or any part of it, the Minister must surrender the security to the extent that its value exceeds, at the time the request is Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 149-150 received by the Minister, the amount that is sought to be secured. Collection restrictions 150 (1) If a person is liable for the payment of an amount under this Part, the Minister must not, for the purpose of collecting the amount, take any of the following actions until the end of 90 days after the date of a notice of assessment under this Part in respect of the amount: (a) commence legal proceedings in a court; (b) certify the amount under section 152; (c) require a person to make a payment under subsection 153(1); (d) require an institution or a person to make a payment under subsection 153(2); (e) require a person to turn over moneys under subsection 156(1); or (f) give a notice, issue a certificate or make a direction under subsection 157(1). No action after service of notice of objection (2) If a person has served a notice of objection under this Part to an assessment of an amount payable under this Part, the Minister must not, for the purpose of collecting the amount in controversy, take any of the actions described in subsection (1) until the end of 90 days after the date of the notice to the person that the Minister has confirmed or varied the assessment. No action after making appeal to Tax Court (3) If a person has appealed to the Tax Court of Canada from an assessment of an amount payable under this Part, the Minister must not, for the purpose of collecting the amount in controversy, take any of the actions described in subsection (1) before the earlier of the day on which a copy of the decision of the Court is mailed to the person and the day on which the person discontinues the appeal. No action pending determination by Tax Court (4) If a person has agreed under subsection 121(1) that a question should be determined by the Tax Court of Canada, or if a person is served with a copy of an Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 150-151 application made under subsection 122(1) to that Court for the determination of a question, the Minister must not take any of the actions described in subsection (1) for the purpose of collecting that part of an amount assessed, the liability for payment of which could be affected by the determination of the question, before the day on which the question is determined by the Court. Action after judgment (5) Despite any other provision in this section, if a person has served a notice of objection under this Part to an assessment or has appealed to the Tax Court of Canada from an assessment and agrees in writing with the Minister to delay proceedings on the objection or appeal, as the case may be, until judgment has been given in another action before the Tax Court of Canada, the Federal Court of Appeal or the Supreme Court of Canada in which the issue is the same or substantially the same as that raised in the objection or appeal of the person, the Minister may take any of the actions described in subsection (1) for the purpose of collecting the amount assessed, or a part of it, determined in a manner consistent with the judgment of the Court in the other action at any time after the Minister notifies the person in writing that the judgment has been given by the Court in the other action. Collection of large amounts (6) Despite subsections (1) to (5), if, at any time, the total of all amounts that a person has been assessed under this Part and that remain unpaid exceeds $1,000,000, the Minister may collect up to 50% of the total. Over $10,000,000 — security 151 (1) The Minister may, by sending a notice to a person, require security in a form satisfactory to the Minister and in an amount up to a specified amount that is the greater of zero dollars and the amount that is determined by the formula [(A/2) – B] – $10,000,000 where A is the total of all amounts, each of which is an amount that the person has been assessed under this Part in respect of which a portion remains unpaid, B is the greater of zero dollars and the amount that is determined by the formula C – (D/2) where Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 151-152 C is the total of all amounts that the person has paid against the amount determined for A in the first formula in this subsection, and D is the amount determined for A in the first formula in this subsection. When security to be given (2) The security required under subsection (1) (a) must be given to the Minister no later than 60 days after the day on which the Minister required the security; and (b) must be in a form satisfactory to the Minister. Failure to comply (3) Despite subsections 150(1) to (5), the Minister may collect an amount equivalent to the amount of security that was required under subsection (1) if the security required under that subsection is not given to the Minister as set out in this section. Certificates 152 (1) Any amount payable by a person (in this section referred to as the “debtor”) under this Part that has not been paid as and when required under this Part may be certified by the Minister as an amount payable by the debtor. Registration in court (2) On production to the Federal Court, a certificate made under subsection (1) in respect of a debtor must be registered in the Court and when so registered has the same effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in the Court against the debtor for a debt in the amount certified plus interest on the amount as provided under this Part to the day of payment and, for the purposes of those proceedings, the certificate is deemed to be a judgment of the Court against the debtor for a debt due to Her Majesty in right of Canada and enforceable as such. Costs (3) All reasonable costs and charges incurred or paid for the registration in the Federal Court of a certificate made under subsection (1) or in respect of any proceedings taken to collect the amount certified are recoverable in like manner as if they had been included in the amount certified in the certificate when it was registered. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 152 Charge on property (4) A document issued by the Federal Court evidencing a registered certificate in respect of a debtor, a writ of that Court issued pursuant to the certificate or any notification of the document or writ (which document, writ or notification is in this section referred to as a “memorial”) may be filed, registered or otherwise recorded for the purpose of creating a charge, lien or priority on, or a binding interest in property in a province, or any interest in, or for civil law any right in, such property, held by the debtor, in the same manner as a document evidencing (a) a judgment of the superior court of the province against a person for a debt owing by the person, or (b) an amount payable or required to be remitted by a person in the province in respect of a debt owing to Her Majesty in right of the province may be filed, registered or otherwise recorded in accordance with the law of the province to create a charge, lien or priority on, or a binding interest in, the property or interest. Creation of charge (5) If a memorial has been filed, registered or otherwise recorded under subsection (4), (a) a charge, lien or priority is created on, or a binding interest is created in, property in the province, or any interest in, or for civil law any right in, such property, held by the debtor, or (b) such property, or interest or right in the property, is otherwise bound, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), and the charge, lien, priority or binding interest created is subordinate to any charge, lien, priority or binding interest in respect of which all steps necessary to make it effective against other creditors were taken before the time the memorial was filed, registered or otherwise recorded. Proceedings in respect of memorial (6) If a memorial is filed, registered or otherwise recorded in a province under subsection (4), proceedings may be taken in the province in respect of the memorial, including proceedings (a) to enforce payment of the amount evidenced by the memorial, interest on the amount and all costs and charges paid or incurred in respect of Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 152 (i) the filing, registration or other recording of the memorial, and (ii) proceedings taken to collect the amount, (b) to renew or otherwise prolong the effectiveness of the filing, registration or other recording of the memorial, (c) to cancel or withdraw the memorial wholly or in respect of any of the property, or interests or rights, affected by the memorial, or (d) to postpone the effectiveness of the filing, registration or other recording of the memorial in favour of any right, charge, lien or priority that has been or is intended to be filed, registered or otherwise recorded in respect of any property, or interest or rights, affected by the memorial, in the same manner and to the same extent as if the memorial were a document evidencing a judgment referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b), except that, if in any such proceeding or as a condition precedent to any such proceeding, any order, consent or ruling is required under the law of the province to be made or given by the superior court of the province or by a judge or official of the court, a like order, consent or ruling may be made or given by the Federal Court or by a judge or official of the Federal Court and, when so made or given, has the same effect for the purposes of the proceeding as if it were made or given by the superior court of the province or by a judge or official of the court. Presentation of documents (7) If (a) a memorial is presented for filing, registration or other recording under subsection (4), or a document relating to the memorial is presented for filing, registration or other recording for the purpose of any proceeding described in subsection (6), to any official in the land registry system, personal property or movable property registry system, or other registry system, of a province, or (b) access is sought to any person, place or thing in a province to make the filing, registration or other recording, the memorial or document must be accepted for filing, registration or other recording or the access must be granted, as the case may be, in the same manner and to the same extent as if the memorial or document relating to the memorial were a document evidencing a judgment Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 152 referred to in paragraph (4)(a) or an amount referred to in paragraph (4)(b) for the purpose of a like proceeding, except that, if the memorial or document is issued by the Federal Court or signed or certified by a judge or official of the Court, any affidavit, declaration or other evidence required under the law of the province to be provided with or to accompany the memorial or document in the proceedings is deemed to have been provided with or to have accompanied the memorial or document as so required. Prohibition — sale, etc., without consent (8) Despite any law of Canada or of a province, a sheriff or other person must not, without the written consent of the Minister, sell or otherwise dispose of any property or publish any notice or otherwise advertise in respect of any sale or other disposition of any property pursuant to any process issued or charge, lien, priority or binding interest created in any proceeding to collect an amount certified in a certificate made under subsection (1), interest on the amount or costs. However, if that consent is subsequently given, any property that would have been affected by that process, charge, lien, priority or binding interest if the Minister’s consent had been given at the time that process was issued or the charge, lien, priority or binding interest was created, as the case may be, is bound, seized, attached, charged or otherwise affected as it would be if that consent had been given at the time that process was issued or the charge, lien, priority or binding interest was created, as the case may be. Completion of notices, etc. (9) If information required to be set out by any sheriff or other person in a minute, notice or document required to be completed for any purpose cannot, because of subsection (8), be so set out without the written consent of the Minister, the sheriff or other person must complete the minute, notice or document to the extent possible without that information and, when that consent of the Minister is given, a further minute, notice or document setting out all the information must be completed for the same purpose, and the sheriff or other person, having complied with this subsection, is deemed to have complied with this Part, regulation or rule requiring the information to be set out in the minute, notice or document. Application for order (10) A sheriff or other person that is unable, because of subsection (8) or (9), to comply with any law or rule of court is bound by any order made by a judge of the Federal Court, on an ex parte application by the Minister, for the purpose of giving effect to the proceeding, charge, lien, priority or binding interest. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 152-153 Secured claims (11) If a charge, lien, priority or binding interest created under subsection (5) by filing, registering or otherwise recording a memorial under subsection (4) is registered in accordance with subsection 87(1) of the Bankruptcy and Insolvency Act, it is deemed (a) to be a claim that is secured by a security and that, subject to subsection 87(2) of that Act, ranks as a secured claim under that Act; and (b) to also be a claim referred to in paragraph 86(2)(a) of that Act. Details in certificates and memorials (12) Despite any law of Canada or of a province, in any certificate in respect of a debtor, any memorial evidencing a certificate or any writ or document issued for the purpose of collecting an amount certified, it is sufficient for all purposes (a) to set out, as the amount payable by the debtor, the total of amounts payable by the debtor without setting out the separate amounts making up that total; and (b) to refer to the rate of interest or penalty to be charged on the separate amounts making up the amount payable in general terms (i) in the case of interest, as interest at the prescribed rate under this Part applicable from time to time on amounts payable to the Receiver General, without indicating the specific rates of interest to be charged on each of the separate amounts or to be charged for any period; and (ii) in the case of a penalty, the penalty calculated under section 123 on amounts payable to the Receiver General. Garnishment 153 (1) If the Minister has knowledge or suspects that a person is, or will be within one year, liable to make a payment to another person that is liable to pay an amount under this Part (in this section referred to as a “debtor”), the Minister may, by notice in writing, require the person to pay without delay, if the money is immediately payable, and in any other case, as and when the money is payable, the money otherwise payable to the debtor in whole or in part to the Receiver General on account of the debtor’s liability under this Part. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 153 Garnishment of loans or advances (2) Without limiting the generality of subsection (1), if the Minister has knowledge or suspects that within 90 days (a) a bank, credit union, trust company or other similar person (in this section referred to as an “institution”) will loan or advance money to, or make a payment on behalf of, or make a payment in respect of a negotiable instrument issued by, a debtor that is indebted to the institution and that has granted security in respect of the indebtedness, or (b) a person, other than an institution, will loan or advance money to, or make a payment on behalf of, a debtor that the Minister knows or suspects (i) is employed by, or is engaged in providing services or property to, that person or was or will be, within 90 days, so employed or engaged, or (ii) if that person is a corporation, is not dealing at arm’s length with that person, the Minister may, by notice in writing, require the institution or person, as the case may be, to pay in whole or in part to the Receiver General on account of the debtor’s liability under this Part the money that would otherwise be so loaned, advanced or paid. Effect of receipt (3) A receipt issued by the Minister for money paid as required under this section is a good and sufficient discharge of the original liability to the extent of the payment. Effect of requirement (4) If the Minister has, under this section, required a person to pay to the Receiver General on account of the liability under this Part of a debtor money otherwise payable by the person to the debtor as interest, rent, remuneration, a dividend, an annuity or other periodic payment, the requirement applies to all such payments to be made by the person to the debtor until the liability under this Part is satisfied and operates to require payments to the Receiver General out of each such payment of any amount that is stipulated by the Minister in a notice in writing. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 153-154 Failure to comply (5) Every person that fails to comply with a requirement under subsection (1) or (4) is liable to pay to Her Majesty in right of Canada an amount equal to the amount that the person was required under that subsection to pay to the Receiver General. Failure to comply (6) Every institution or person that fails to comply with a requirement under subsection (2) with respect to money to be loaned, advanced or paid is liable to pay to Her Majesty in right of Canada an amount equal to the lesser of (a) the total of money so loaned, advanced or paid, and (b) the amount that the institution or person was required under that subsection to pay to the Receiver General. Assessment (7) The Minister may assess any person for any amount payable under this section by the person to the Receiver General and, if the Minister sends a notice of assessment, sections 87 and 108 to 122 apply with any modifications that the circumstances require. Time limit (8) An assessment of an amount payable under this section by a person to the Receiver General is not to be made more than four years after the notice from the Minister requiring the payment was received by the person. Effect of payment as required (9) If an amount that would otherwise have been advanced, loaned or paid to or on behalf of a debtor is paid by a person to the Receiver General in accordance with a notice from the Minister issued under this section or with an assessment under subsection (7), the person is deemed for all purposes to have advanced, loaned or paid the amount to or on behalf of the debtor. Recovery by deduction or set-off 154 If a person is indebted to Her Majesty in right of Canada under this Part, the Minister may require the retention by way of deduction or set-off of any amount that the Minister may specify out of any amount that may be or become payable to that person by Her Majesty in right of Canada. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 155-157 Acquisition of debtor’s property 155 For the purpose of collecting debts owed by a person to Her Majesty in right of Canada under this Part, the Minister may purchase or otherwise acquire any interest in, or for civil law any right in, the person’s property that the Minister is given a right to acquire in legal proceedings or under a court order or that is offered for sale or redemption and may dispose of any interest or right so acquired in any manner that the Minister considers reasonable. Money seized from debtor 156 (1) If the Minister has knowledge or suspects that a person is holding money that was seized by a police officer in the course of administering or enforcing the criminal law of Canada from another person that is liable to pay any amount under this Part (in this section referred to as the “debtor”) and that is restorable to the debtor, the Minister may in writing require the person to turn over the money otherwise restorable to the debtor, in whole or in part, to the Receiver General on account of the debtor’s liability under this Part. Receipt of Minister (2) A receipt issued by the Minister for money turned over as required under this section is a good and sufficient discharge of the requirement to restore the money to the debtor to the extent of the amount so turned over. Seizure 157 (1) If a person fails to pay an amount as required under this Part, the Minister may in writing give 30 days notice to the person, addressed to their latest known address, of the Minister’s intention to direct that the person’s things be seized and disposed of. If the person fails to make the payment before the expiry of the 30 days, the Minister may issue a certificate of the failure and direct that the person’s things be seized. Disposition (2) Things that have been seized under subsection (1) must be kept for 10 days at the expense and risk of the owner. If the owner does not pay the amount due together with all expenses within the 10 days, the Minister may dispose of the things in a manner the Minister considers appropriate in the circumstances. Proceeds of disposition (3) Any surplus resulting from a disposition, after deduction of the amount owing and all expenses, must be paid or returned to the owner of the things seized. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 157-159 Exemptions from seizure (4) Any thing of any person in default that would be exempt from seizure under a writ of execution issued by a superior court of the province in which the seizure is made is exempt from seizure under this section. Person leaving Canada or defaulting 158 (1) If the Minister suspects that a person has left or is about to leave Canada, the Minister may, before the day otherwise fixed for payment, by notice to the person served personally or sent by confirmed delivery service addressed to their latest known address, demand payment of any amount for which the person is liable under this Part or would be so liable if the time for payment had arrived, and the amount must be paid without delay despite any other provision of this Part. Seizure (2) If a person fails to pay an amount required under subsection (1), the Minister may direct that things of the person be seized, and subsections 157(2) to (4) apply, with any modifications that the circumstances require. Definitions 159 (1) The following definitions apply in this section. assessed period of a person, in respect of an authorization under subsection (2) relating to a particular reporting period of the person, means (a) if the hearing date is before the last day of the particular reporting period, the period beginning on the first day of the particular reporting period and ending on the assessment date; and (b) in any other case, the particular reporting period. (période visée) assessment date in respect of an authorization under subsection (2) means the day immediately before the hearing date. (date de cotisation) hearing date in respect of an authorization under subsection (2) means the day on which a judge hears the application for the authorization. (date d’audience) Authorization to assess and take collection action (2) Despite section 150, if, on ex parte application by the Minister relating to a particular reporting period of a person, a judge is satisfied that there are reasonable grounds to believe that the net charge for the period, determined Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 159 without reference to this section, would be a positive amount and that the collection of all or any part of that net charge would be jeopardized by a delay in its collection, the judge must, on any terms that the judge considers reasonable in the circumstances, authorize the Minister to, without delay, (a) assess the net charge for the assessed period, determined in accordance with subsection (3); and (b) take any of the actions described in sections 152 to 157 in respect of that amount. Effect of authorization (3) For the purposes of this Part, if an authorization is granted under subsection (2) in respect of an application relating to a particular reporting period of a person, (a) if the hearing date is before the last day of the particular reporting period, the following periods are each deemed to be a separate reporting period of the person: (i) the assessed period, and (ii) the period beginning on the hearing date and ending on the last day of the particular reporting period; (b) the day on or before which the person is required to file a return under section 69 for the assessed period is deemed to be the hearing date; (c) the net charge for the assessed period is deemed to be equal to the amount that would be the net charge for the period if, on the assessment date, the person were to claim in a return filed under section 69 for the period all amounts, each of which is an amount that the person would be entitled on that day to claim as a rebate for the period or as a negative amount that is required to be added in determining the net charge for the period; (d) the net charge for the assessed period is deemed to have become due to the Receiver General on the hearing date; (e) if, in assessing the net charge for the assessed period, the Minister takes into account an amount that the person would be entitled to claim as a rebate or a negative amount that is required to be added in determining the net charge, the person is deemed to have claimed the amount in a return filed under section 69 for the assessed period; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 159 (f) subsection 73(2) and sections 97, 123, 129 and 130 apply as if the net charge for the assessed period were not required to be paid, and the return for that period were not required to be filed, until the last day of the period described in subsection (9). Affidavits (4) Statements contained in an affidavit filed in the context of an application under this section may be based on belief in which case it must include the grounds for that belief. Service of authorization and notice of assessment (5) An authorization granted under subsection (2) in respect of a person must be served by the Minister on the person within 72 hours after it is granted, except if the judge orders the authorization to be served at some other time specified in the authorization, and a notice of assessment for the assessed period must be served on the person together with the authorization. How service effected (6) For the purpose of subsection (5), service on a person must be effected by personal service on the person or service in accordance with the directions of a judge. Application to judge for direction (7) If service cannot reasonably be effected as and when required under this section, the Minister may, as soon as practicable, apply to a judge for further direction. Review of authorization (8) If a judge of a court has granted an authorization under subsection (2) in respect of a person, the person may, on six clear days notice to the Deputy Attorney General of Canada, apply to a judge of the court to review the authorization. Limitation period for review application (9) An application by a person under subsection (8) to review an authorization must be made (a) within 30 days after the day on which the authorization was served on the person in accordance with this section; or (b) within any further time that a judge may allow, on being satisfied that the application was made as soon as practicable. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 159-160 Hearing in camera (10) An application by a person under subsection (8) may, on the application of the person, be heard in private, if the person establishes to the satisfaction of the judge that the circumstances of the case justify proceedings heard in private. Disposition of application (11) On an application under subsection (8), the judge must determine the question summarily and may confirm, vary or set aside the authorization and make any other order that the judge considers appropriate. Effect of setting aside authorization (12) If an authorization is set aside under subsection (11), subsection (3) does not apply in respect of the authorization and any assessment made as a result of the authorization is deemed to be void. Directions (13) If any question arises as to the course to be followed in connection with anything done or being done under this section and there is no relevant direction in this section, a judge may give any direction with regard to the course to be followed that, in the opinion of the judge, is appropriate. No appeal from review order (14) No appeal lies from an order of a judge made under subsection (11). Compliance by unincorporated bodies 160 (1) If any amount is required to be paid or any other thing is required to be done by or under this Part by a person (in this section referred to as the “body”) that is not an individual, partnership, corporation, trust, joint venture, or estate or succession of a deceased individual, it is the joint and several, or solidary, liability and responsibility of (a) every member of the body holding office as president, chairperson, treasurer, secretary or similar officer of the body, (b) if there are no officers of the body referred to in paragraph (a), every member of any committee having management of the affairs of the body, and (c) if there are no officers of the body referred to in paragraph (a) and no committee referred to in paragraph (b), every member of the body, to pay that amount or to comply with the requirement, and if the amount is paid or the requirement is fulfilled Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 160-161 by an officer of the body referred to in paragraph (a), a member of a committee referred to in paragraph (b) or a member of the body, it is considered as compliance with the requirement. Assessment (2) The Minister may assess any person for any amount for which the person is liable under this section and, if the Minister sends a notice of assessment, sections 87 and 108 to 122 are applicable, with any modifications that the circumstances require. Limitation (3) An assessment of a person under subsection (2) must not (a) include any amount that the body was liable to pay before the day the person became jointly and severally, or solidarily, liable; (b) include any amount that the body became liable to pay after the day the person ceased to be jointly and severally, or solidarily, liable; or (c) be made more than two years after the day on which the person ceased to be jointly and severally, or solidarily, liable unless the person was grossly negligent in the carrying out of any obligation imposed on the body by or under this Part or made, or participated in, assented to or acquiesced in the making of, a false statement or omission in a return, application, form, certificate, statement, invoice or answer made by the body. Charge liability — transfers not at arm’s length 161 (1) If at any time a person transfers property, either directly or indirectly, by means of a trust or by any other means, to (a) the transferor’s spouse or common-law partner or an individual that has since become the transferor’s spouse or common-law partner, (b) an individual that was under 18 years of age, or (c) another person with whom the transferor was not dealing at arm’s length, the transferee and transferor are jointly and severally, or solidarily, liable to pay under this Part an amount equal to the lesser of (d) the amount determined by the formula A–B Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Section 161 where A is the amount, if any, by which the fair market value of the property at that time exceeds the fair market value at that time of the consideration given by the transferee for the transfer of the property, and B is the amount, if any, by which the amount assessed the transferee under subsection 325(2) of the Excise Tax Act, paragraph 97.44(1)(b) of the Customs Act, subsection 160(2) of the Income Tax Act, subsection 297(3) of the Excise Act, 2001 or subsection 80(3) of the Underused Housing Tax Act in respect of the property exceeds the amount paid by the transferor in respect of the amount so assessed, and (e) the total of all amounts each of which is (i) an amount that the transferor is liable to pay under this Part for the reporting period of the transferor that includes that time or any preceding reporting period of the transferor, or (ii) interest or penalty for which the transferor is liable as of that time, but nothing in this subsection limits the liability of the transferor under this Part. Fair market value of undivided interest (2) For the purpose of this section, the fair market value at any time of an undivided interest in a property, expressed as a proportionate interest in that property, is, subject to subsection (5), deemed to be equal to the same proportion of the fair market value of that property at that time. Assessment (3) The Minister may at any time assess a transferee in respect of any amount payable by reason of this section, and the provisions of sections 87 and 108 to 122 apply, with any modifications that the circumstances require. Rules applicable (4) If a transferor and transferee have, by reason of subsection (1), become jointly and severally, or solidarily, liable in respect of part or all of the liability of the transferor under this Part, the following rules apply: (a) a payment by the transferee on account of the transferee’s liability must, to the extent of the payment, discharge their liability; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION L Collection Sections 161-162 (b) a payment by the transferor on account of the transferor’s liability only discharges the transferee’s liability to the extent that the payment operates to reduce the transferor’s liability to an amount less than the amount in respect of which the transferee was, by subsection (1), made jointly and severally, or solidarily, liable. Transfers to spouse or common-law partner (5) Despite subsection (1), if at any time an individual transfers property to the individual’s spouse or commonlaw partner under a decree, order or judgment of a competent tribunal or under a written separation agreement and, at that time, the individual and the individual’s spouse or common-law partner were separated and living apart as a result of the breakdown of their marriage or common-law partnership as defined in subsection 248(1) of the Income Tax Act, for the purposes of paragraph (1)(d), the fair market value at that time of the property so transferred is deemed to be nil, but nothing in this subsection limits the liability of the individual under this Part. 2018, c. 12, s. 186 “161”; 2022, c. 5, s. 40. SUBDIVISION M Evidence and Procedure Service 162 (1) If the Minister is authorized or required to serve, issue or send a notice or other document on or to a person that (a) is a partnership, the notice or document may be addressed to the name of the partnership; (b) is a joint venture, the notice or document may be addressed to the name of the joint venture; (c) is a union, the notice or document may be addressed to the name of the union; (d) is a society, club, association, organization or other body, the notice or document may be addressed to the name of the body; and (e) carries on business under a name or style other than the name of the person, the notice or document may be addressed to the name or style under which the person carries on business. Personal service (2) If the Minister is authorized or required to serve, issue or send a notice or other document on or to a person Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Sections 162-164 that carries on a business, the notice or document is deemed to have been validly served, issued or sent if it is (a) if the person is a partnership, served personally on one of the partners or left with an adult person employed at the place of business of the partnership; (b) if the person is a joint venture, served personally on one of the participants in, or operators of, the joint venture or left with an adult person employed at the place of business of the joint venture; or (c) left with an adult person employed at the place of business of the person. Timing of receipt 163 (1) For the purposes of this Part and subject to subsection (2), anything sent by confirmed delivery service or first class mail is deemed to have been received by the person to which it was sent on the day it was mailed or sent. Timing of payment (2) A person that is required under this Part to pay an amount is deemed not to have paid it until it is received by the Receiver General. Proof of service 164 (1) If, under this Part, provision is made for sending by confirmed delivery service a request for information, a notice or a demand, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the request, notice or demand was sent by confirmed delivery service on a specified day to a specified person and address; and (c) the officer identifies as exhibits attached to the affidavit a true copy of the request, notice or demand and (i) if the request, notice, or demand was sent by registered or certified mail, the post office certificate of registration of the letter or a true copy of the relevant portion of the certificate, and (ii) in any other case, the record that the document has been sent or a true copy of the relevant portion of the record. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Section 164 Proof of personal service (2) If, under this Part, provision is made for personal service of a request for information, a notice or a demand, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the personal service and of the request, notice or demand if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the request, notice or demand was served personally on a named day on the person to whom it was directed; and (c) the officer identifies as an exhibit attached to the affidavit a true copy of the request, notice or demand. Proof of electronic delivery (2.1) If, under this Part, provision is made for sending a notice to a person electronically, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, is evidence of the sending and of the notice if the affidavit sets out that (a) the officer has knowledge of the facts in the particular case; (b) the notice was sent electronically to the person on a named day; and (c) the officer identifies as exhibits attached to the affidavit copies of (i) an electronic message confirming that the notice has been sent to the person, and (ii) the notice. Proof — failure to comply (3) If, under this Part, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that, after a careful examination and search of the records, the officer has been unable to find in a given case that the return, application, statement, answer or certificate has been made by that person, is evidence that in that case the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Section 164 person did not make the return, application, statement, answer or certificate. Proof — time of compliance (4) If, under this Part, a person is required to make a return, an application, a statement, an answer or a certificate, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that, after a careful examination of the records, the officer has found that the return, application, statement, answer or certificate was filed or made on a particular day, is evidence that it was filed or made on that day. Proof of documents (5) An affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document attached to the affidavit is a document or true copy of a document, or a printout of an electronic document, made by or on behalf of the Minister or a person exercising the powers of the Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of documents (6) An affidavit of an officer of the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and that a document attached to the affidavit is a document or true copy of a document, or a printout of an electronic document, made by or on behalf of the Minister of Public Safety and Emergency Preparedness or a person exercising the powers of that Minister or by or on behalf of a person, is evidence of the nature and contents of the document. Proof of no appeal (7) An affidavit of an officer of the Canada Revenue Agency or the Canada Border Services Agency, sworn before a commissioner or other person authorized to take affidavits, setting out that the officer has charge of the appropriate records and has knowledge of the practice of the Canada Revenue Agency or the Canada Border Services Agency, as the case may be, and that an examination of the records shows that a notice of assessment was mailed or otherwise sent to a person on a particular day under this Part and that, after a careful examination and search of the records, the officer has been unable to find that a notice of objection or of appeal from the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Section 164 assessment, as the case may be, was received within the time allowed, is evidence of the statements contained in the affidavit. Presumption (8) If evidence is offered under this section by an affidavit from which it appears that the person making the affidavit is an officer of the Canada Revenue Agency or the Canada Border Services Agency, it is not necessary to prove the signature of the person or that the person is such an officer, nor is it necessary to prove the signature or official character of the person before whom the affidavit was sworn. Proof of documents (9) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Minister, the Commissioner or an officer authorized to exercise the powers or perform the duties of the Minister under this Part is deemed to be a document signed, made and issued by the Minister, the Commissioner or the officer, unless it has been called into question by the Minister or a person acting for the Minister or for Her Majesty in right of Canada. Proof of documents (10) Every document purporting to have been executed under or in the course of the administration or enforcement of this Part over the name in writing of the Minister of Public Safety and Emergency Preparedness, the President of the Canada Border Services Agency or an officer authorized to exercise the powers or perform the duties of that Minister under this Part is deemed to be a document signed, made and issued by that Minister, the President or the officer, unless it has been called into question by that Minister or a person acting for that Minister or for Her Majesty in right of Canada. Mailing or sending date (11) For the purposes of this Part, if a notice or demand that the Minister is required or authorized under this Part to send to a person is mailed, or sent electronically, to the person, the day of mailing or sending, as the case may be, is presumed to be the date of the notice or demand. Date electronic notice sent (12) For the purposes of this Part, if a notice or other communication in respect of a person is made available in electronic format such that it can be read or perceived by a person or a computer system or other similar device, the notice or other communication is presumed to be Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Section 164 sent to the person and received by the person on the date that an electronic message is sent, to the electronic address most recently provided before that date by the person to the Minister for the purposes of this subsection, informing the person that a notice or other communication requiring the person’s immediate attention is available in the person’s secure electronic account. A notice or other communication is considered to be made available if it is posted by the Minister in the person’s secure electronic account and the person has authorized that notices or other communications may be made available in this manner and has not before that date revoked that authorization in a manner specified by the Minister. Date assessment made (13) If a notice of assessment has been sent by the Minister as required under this Part, the assessment is deemed to have been made on the day of sending of the notice of assessment. Proof of return (14) In a prosecution for an offence under this Part, the production of a return, an application, a certificate, a statement or an answer required under this Part, purporting to have been filed or delivered by or on behalf of the person charged with the offence or to have been made or signed by or on behalf of that person, is evidence that the return, application, certificate, statement or answer was filed or delivered by or on behalf of that person or was made or signed by or on behalf of that person. Proof of return — printouts (15) For the purposes of this Part, a document presented by the Minister purporting to be a printout of the information in respect of a person received under section 89 by the Minister is to be received as evidence and, in the absence of evidence to the contrary, is proof of the return filed by the person under that section. Proof of return — production of returns, etc. (16) In a proceeding under this Part, the production of a return, an application, a certificate, a statement or an answer required under this Part, purporting to have been filed, delivered, made or signed by or on behalf of a person, is evidence that the return, application, certificate, statement or answer was filed, delivered, made or signed by or on behalf of that person. Evidence (17) In a prosecution for an offence under this Part, an affidavit of an officer of the Canada Revenue Agency, sworn before a commissioner or other person authorized Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 6 Administration and Enforcement SUBDIVISION M Evidence and Procedure Sections 164-165 to take affidavits, setting out that the officer has charge of the appropriate records and that an examination of the records shows that an amount required under this Part to be paid to the Receiver General has not been received by the Receiver General, is evidence of the statements contained in the affidavit. 2018, c. 12, s. 186 “164”; 2021, c. 23, s. 80. DIVISION 7 Distribution of Fuel Charge Definition of net amount 165 (1) In this section, net amount in respect of a province or area and a period fixed by the Minister means the charges levied by Her Majesty in right of Canada under this Part in respect of the province or area and that period less any amounts in respect of the charges that are rebated, refunded or remitted under this Part or any other Act of Parliament in that period. Distribution (2) For each province or area that is or was a listed province, the Minister must distribute the net amount for a period fixed by the Minister, if positive, in respect of the province or area. The Minister may distribute that net amount (a) to the province; (b) to persons that are prescribed persons, persons of a prescribed class or persons meeting prescribed conditions; or (c) to a combination of the persons referred to in paragraphs (a) and (b). Restriction (3) Despite subsection (2), if the Minister is not authorized, by reason of section 150, to take any action described under subsection 150(1) in respect of an amount payable by a person under this Part, the amount is not to be distributed by the Minister under this section. Distribution payment (4) The amount of any distribution under subsection (2) is to be calculated in the manner determined by the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 7 Distribution of Fuel Charge Section 165 Minister and may, subject to subsection (8), be paid by the Minister out of the Consolidated Revenue Fund at the times and in the manner that the Minister considers appropriate. Recovery (5) If, at any time, the total amount of distributions made under subsection (2) in respect of a province or area, taking into account any amount recovered in respect of those distributions before that time, exceeds the total of all net amounts in respect of the province or area at that time, the amount of that excess may be recovered (a) if distributions were made to the province, despite any other provision of this Act or the Federal-Provincial Fiscal Arrangements Act, from any payment payable to that province under this Act or the FederalProvincial Fiscal Arrangements Act; and (b) if distributions were made to a person referred to in paragraph (2)(b), from any sum of money that may be due or payable by Her Majesty in right of Canada to that person under this Act or any other Act of Parliament. Proportional recovery (6) If distributions in respect of a province or area were made under subsection (2) to more than one person, any recovery in respect of a period fixed by the Minister from any of those persons is to be made in proportion of the distributions to that person of the total distributions made in respect of that province or area in respect of that period. Manner of calculation (7) The amount of any recovery under this section is to be calculated in the manner determined by the Minister. Regulations (8) The Governor in Council may make regulations (a) prescribing the time and manner of paying any distribution under subsection (2); and (b) generally to carry out the purposes of this section. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 8 Regulations Section 166 DIVISION 8 Regulations Regulations 166 (1) The Governor in Council may make regulations (a) prescribing anything that, by this Part, is to be prescribed or is to be determined or regulated by regulation; (b) requiring any person to provide any information, including the person’s name, address, registration number or any information relating to Part 2 that may be required to comply with this Part, to any class of persons required to make a return containing that information; (c) requiring any person to provide the Minister with the person’s Social Insurance Number; (d) requiring any class of persons to make returns respecting any class of information required in connection with the administration or enforcement of this Part; (e) distinguishing among any class of persons, provinces, areas, facilities, property, activities, fuels, substances, materials or things; and (f) generally to carry out the purposes and provisions of this Part. Amendments to Part 1 of Schedule 1 (2) For the purpose of ensuring that the pricing of greenhouse gas emissions is applied broadly in Canada at levels that the Governor in Council considers appropriate, the Governor in Council may, by regulation, amend Part 1 of Schedule 1, including by adding, deleting, varying or replacing any item or table. Factors (3) In making a regulation under subsection (2), the Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms for greenhouse gas emissions. Amendments to Schedule 2 (4) The Governor in Council may, by regulation, amend Schedule 2 respecting the application of the fuel charge under this Part including by adding, deleting, varying or replacing a table. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 8 Regulations Sections 166-168 Effect (5) A regulation made under this Part is to have effect from the date it is published in the Canada Gazette or at such time thereafter as may be specified in the regulation, unless the regulation provides otherwise and (a) has a non-tightening effect only; (b) corrects an ambiguous or deficient enactment that was not in accordance with the objects of this Part; (c) is consequential on an amendment to this Part that is applicable before the date the regulation is published in the Canada Gazette; (d) is in respect of rules described in paragraph 168(2)(f); or (e) gives effect to a public announcement, in which case the regulation must not, except if any of paragraphs (a) to (d) apply, have effect before the date the announcement was made. Incorporation by reference — limitation removed 167 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document must be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Part. Definition of fuel charge system 168 (1) In this section, fuel charge system means the system under this Part, Part 1 of Schedule 1 and Schedule 2 providing for the payment and collection of charges levied under this Part and of amounts paid as or on account of charges under this Part and the provisions of this Part relating to charges under this Part or to rebates in respect of any such charges, or any such amounts, paid or deemed to be paid. Fuel charge system regulations (2) The Governor in Council may make regulations, in relation to the fuel charge system, (a) prescribing rules in respect of whether, how and when the fuel charge system applies and rules in respect of other aspects relating to the application of that system, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 8 Regulations Section 168 be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends; (b) prescribing rules in respect of whether, how and when a change in a rate, set out in any table in Schedule 2 for a type of fuel and for a province or area, applies and rules in respect of a change to another parameter affecting the application of the fuel charge system in relation to such a fuel or province or area, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends; (c) prescribing rules in respect of whether, how and when a change to the provinces or areas listed in Part 1 of Schedule 1 or referenced in Schedule 2 applies and rules in respect of a change to another parameter affecting the application of the fuel charge system in relation to a province or area or to a type of fuel, including rules deeming, in specified circumstances and for specified purposes, the status of anything to be different than what it would otherwise be, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported and accounted for and when any period begins and ends; (d) if an amount is to be determined in prescribed manner in relation to the fuel charge system, specifying the circumstances or conditions under which the manner applies; (e) providing for rebates, adjustments or credits in respect of the fuel charge system; (f) providing for rules allowing persons, which elect to have those rules apply, to have the provisions of this Part apply in a manner different from the manner in which those provisions would otherwise apply, including when an amount under this Part became due or was paid, when fuel or a substance, material or thing was delivered, how and when an amount under this Part is required to be reported or accounted for and when any period begins and ends; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 8 Regulations Section 168 (g) specifying circumstances and any terms or conditions that must be met for the payment of rebates in respect of the fuel charge system; (h) prescribing amounts and rates to be used to determine any rebate, adjustment or credit that relates to, or is affected by, the fuel charge system, excluding amounts that would otherwise be included in determining any such rebate, adjustment or credit, and specifying circumstances under which any such rebate, adjustment or credit must not be paid or made; (i) respecting information that must be included by a specified person in a written agreement or other document in respect of specified fuel or a specified substance, material or thing and prescribing charge-related consequences in respect of such fuel, substance, material or thing, and penalties, for failing to do so or for providing incorrect information; (j) deeming, in specified circumstances, a specified amount of charge to be payable by a specified person, or a specified person to have paid a specified amount of charge, for specified purposes, as a consequence of holding fuel at a specified time; (k) prescribing compliance measures, including antiavoidance rules; and (l) generally to effect the transition to, and implementation of, that system in respect of fuel or a substance, material, or thing and in respect of a province or area. Fuel charge system regulations — general (3) For the purpose of facilitating the implementation, application, administration and enforcement of the fuel Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 1 Fuel Charge DIVISION 8 Regulations Sections 168-169 charge system, the Governor in Council may make regulations (a) adapting or modifying any provision of this Part, Part 1 of Schedule 1 or Schedule 2; (b) defining, for the purposes of this Part, Part 1 of Schedule 1 or Schedule 2, or any provision of this Part, Part 1 of Schedule 1 or Schedule 2, words or expressions used in this Part, Part 1 of Schedule 1 or Schedule 2 including words or expressions defined in a provision of this Part, Part 1 of Schedule 1 or Schedule 2; and (c) providing that a provision of this Part, Part 1 of Schedule 1 or Schedule 2, or a part of such a provision, does not apply. Conflict (4) If a regulation made under this Part in respect of the fuel charge system states that it applies despite any provision of this Part, in the event of a conflict between the regulation and this Part, the regulation prevails to the extent of the conflict. PART 2 Industrial Greenhouse Gas Emissions Interpretation Definitions 169 The following definitions apply in this Part. analyst means an individual or a member of a class of individuals designated as an analyst under subsection 201(1). (analyste) compliance period means a period specified in the regulations. (période de conformité) compliance unit means a surplus credit that is issued under section 175 or paragraph 178(1)(b), a unit or credit that is recognized under the regulations as a compliance unit or an offset credit that is issued under the regulations. (unité de conformité) covered facility means a facility, including a platform anchored at sea, that is located in a province or area that is set out in Part 2 of Schedule 1 and either Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions Interpretation Sections 169-170 (a) meets the criteria set out in the regulations for that province or area; or (b) is designated by the Minister under subsection 172(1). (installation assujettie) enforcement officer means an individual or a member of a class of individuals designated as an enforcement officer under subsection 201(1). (agent de l’autorité) greenhouse gas means a gas that is set out in column 1 of Schedule 3. (gaz à effet de serre) increased-rate compensation deadline means, in respect of a compliance period, the increased-rate compensation deadline specified for that period in the regulations. (délai de compensation à taux élevé) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) Minister means the Minister of the Environment. (ministre) organization has the same meaning as in section 2 of the Criminal Code. (organisation) person means an individual or organization and includes Her Majesty in right of Canada or a province. (personne) regular-rate compensation deadline means, in respect of a compliance period, the regular-rate compensation deadline specified for that period in the regulations. (délai de compensation à taux régulier) Conversion into CO2e tonnes 170 For the purposes of this Part, a quantity of a greenhouse gas, expressed in tonnes, is converted into carbon dioxide equivalent tonnes (in this Part referred to as “CO2e tonnes”) by multiplying that quantity by the global warming potential set out for the greenhouse gas in column 2 of Schedule 3. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Sections 171-172 DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Registration of Covered Facilities Application for registration 171 (1) A person that is responsible for a covered facility must apply to the Minister for registration of that covered facility. The application must include the information specified by the Minister and be made in the time and manner specified by the Minister. Registration (2) If the Minister is satisfied that the applicant is a person responsible for the facility named in the application, that the facility is a covered facility and that the application meets the requirements of subsection (1), the Minister must register the covered facility and issue a covered facility certificate to the applicant. Cancellation (3) The Minister must cancel the registration and the covered facility certificate of a facility that ceases to be a covered facility or that was not a covered facility at the time of registration. Notice setting out criteria (4) If a notice referred to in subsection 194(1) sets out criteria respecting facilities and persons, a facility that meets the criteria is, for the purposes of this section, a covered facility as defined in section 169 and a person that meets the criteria is, for the purposes of this section, a person responsible for the facility. Notice cancelled (5) If a facility is registered as a result of the publication of a notice referred to in subsection 194(1) and that notice is cancelled before any regulations or orders referred to in it are made, the Minister must cancel the facility’s registration and covered facility certificate. Designation of facility as covered facility 172 (1) On request by a person that is responsible for a facility that is located in a province or area that is set out in Part 2 of Schedule 1, the Minister may, in accordance with the regulations, designate the facility as a covered Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Registration of Covered Facilities Sections 172-174 facility. The request must include the information specified by the Minister and be made in the time and manner specified by the Minister. Application for registration (2) If the Minister designates a facility as a covered facility, the request under subsection (1) is deemed to be an application for registration under subsection 171(1) and the Minister must register the covered facility. Cancellation of designation (3) The Minister may, in accordance with the regulations, cancel the designation of a covered facility. Reporting, Compensation and Compliance Units Reporting requirement 173 For each compliance period, a person that is responsible for a covered facility must, in accordance with the regulations, (a) submit to the Minister a report that sets out the information that is specified in the regulations with respect to the greenhouse gas emissions limit that applies to the covered facility and any other information that is specified in the regulations; and (b) cause the report to be verified by a third party. Compensation for excess emissions 174 (1) A person that is responsible for a covered facility that emits greenhouse gases in a quantity that exceeds the emissions limit that applies to the covered facility during a compliance period must, in accordance with the regulations, provide compensation for the excess emissions by the increased-rate compensation deadline. Provision of compensation (2) The compensation is to be provided, at a rate set out in subsection (3) or (4), by means of (a) a remittance of compliance units to the Minister or a person specified in the regulations in lieu of the Minister; (b) an excess emissions charge payment to Her Majesty in right of Canada; or (c) a combination of both. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Reporting, Compensation and Compliance Units Sections 174-176 Regular rate (3) If the compensation is provided by the regular-rate compensation deadline, the rate is (a) one compliance unit for each CO2e tonne that was emitted in excess of the emissions limit; or (b) the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls, for each CO 2e tonne that was emitted in excess of the emissions limit. Increased rate (4) If the compensation is not provided in full by the regular-rate compensation deadline, the rate for each CO2e tonne that was emitted in excess of the emissions limit and for which no compensation was provided by that deadline is four times the rate set out in subsection (3). Charge continued (5) If the compliance period falls in a year that is subsequent to the last calendar year set out in column 1 of Schedule 4, the excess emissions charge set out in column 2 for that last calendar year continues to apply for the purposes of paragraph (3)(b). Issuance of surplus credits 175 If a covered facility emits greenhouse gases in a quantity that is below the emissions limit that applies to it during a compliance period, the Minister must, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is equal to the difference between that limit, expressed in CO2e tonnes, and the number of CO2e tonnes emitted. Errors and omissions 176 (1) If, within five years after submitting a report under section 173, a person that is responsible for a covered facility becomes aware of an error or omission in the report, the person must notify the Minister in writing as soon as possible. Corrected report (2) If required by the regulations, the person must, in accordance with the regulations, (a) submit a corrected report to the Minister; or (b) submit a corrected report to the Minister and cause it to be verified by a third party. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Reporting, Compensation and Compliance Units Sections 177-179 Errors and omissions 177 (1) If, within five years after a report has been submitted under section 173 in respect of a covered facility, the Minister is of the opinion that there is an error or omission in the report, the Minister may require a person responsible for the covered facility to submit a corrected report and may require the person to cause it to be verified by a third party. Compliance (2) If the Minister requires a person to submit a corrected report or to submit a corrected report and cause it to be verified by a third party, the person must do so in accordance with the regulations. Change in obligations 178 (1) If, as a result of a corrected report referred to in section 176 or 177, the difference between the quantity of the greenhouse gases emitted by a covered facility during a compliance period and the emissions limit that applied to the covered facility during that compliance period changes, (a) a person that is responsible for the covered facility must, in accordance with the regulations, provide any compensation that is determined in accordance with the regulations; or (b) the Minister may, in accordance with the regulations, issue to a person that is responsible for the covered facility a number of surplus credits that is determined in accordance with the regulations. Compensation (2) For the purposes of paragraph (1)(a), the rate for each CO2e tonne must not exceed four compliance units or four times the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the compliance period falls. Retirement of compliance units 179 A compliance unit that is remitted under section 174, paragraph 178(1)(a) or subsection 181(2) or that is withdrawn under section 182 must not be used in any subsequent transaction and the Minister must ensure, in accordance with the regulations, that it is retired from circulation. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Reporting, Compensation and Compliance Units Sections 180-183 Suspension or revocation of compliance units 180 (1) The Minister may, in accordance with the regulations, suspend or revoke compliance units. Voluntary cancellation of compliance units (2) If the holder of an account in the tracking system referred to in section 185 requests, in accordance with the regulations, that a compliance unit in the account be cancelled, the Minister must cancel it. No indemnification (3) A person is not entitled to be indemnified for a suspended, revoked or cancelled compliance unit. Issuance error or invalidity 181 (1) If the Minister determines that compliance units were issued in error or are no longer valid, the Minister may, in accordance with the regulations, require a person to remit the number of compliance units in question to the Minister or a person specified in the regulations in lieu of the Minister. Compliance (2) If the Minister requires a person to remit compliance units, the person must do so by a deadline specified by the Minister. Payment in lieu (3) In lieu of remitting compliance units, the person may make a payment to Her Majesty in right of Canada that is equal to the number of compliance units multiplied by the excess emissions charge set out in column 2 of Schedule 4, for the calendar year in which the Minister requires the person to remit the compliance units. Recovery of Compensation Ministerial power 182 If a covered facility emits greenhouse gases in excess of its emissions limit during a compliance period and compensation is not provided in full by the applicable deadline under section 174 or paragraph 178(1)(a), the Minister may, in accordance with the regulations, withdraw the balance owing in compliance units from any account in the tracking system referred to in section 185 that is linked to the covered facility. Debts to Her Majesty 183 (1) The monetary value of the compensation owed for each CO2e tonne emitted by a covered facility in excess of its emissions limit during a compliance period for Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Recovery of Compensation Sections 183-186 which no compensation was provided by the applicable deadline under section 174 or paragraph 178(1)(a) and for which no withdrawals were made under section 182 constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt may be instituted more than five years after the day on which the debt becomes payable. Certificate 184 (1) The Minister may issue a certificate certifying the unpaid amount of any debt referred to in subsection 183(1). Registration (2) Registration in a court of competent jurisdiction of a certificate issued under subsection (1) has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. Tracking System Establishment and maintenance 185 If at least one province or area is set out in Part 2 of Schedule 1, the Minister must establish and maintain a system that tracks (a) the issuance by the Minister of compliance units; (b) the transfer, retirement, suspension, revocation and cancellation of those compliance units; (c) excess emissions charge payments made under section 174 or 178 and payments made under subsection 181(3); and (d) any other transaction specified in the regulations. Accounts 186 (1) A person that is responsible for a covered facility must open and maintain in the tracking system any accounts required by the regulations. Any other person may open and maintain accounts in the system in accordance with the regulations. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Tracking System Sections 186-187 Ministerial powers (2) The Minister may specify the time and manner for opening or closing an account, the information to be provided for those purposes and the conditions of use for accounts. Closing of accounts (3) The Minister may, in accordance with the regulations, close an account. Records Keeping records 187 (1) A person that is responsible for a covered facility or any other person that opens and maintains an account in the tracking system must keep and retain all records that are necessary to determine whether the person has complied with this Division. Minister may specify information (2) The Minister may specify the form a record is to take and any information that the record is to contain. Language and location of record (3) A record must be kept and retained in Canada in accordance with the regulations and, unless otherwise authorized by the Minister, must be kept in English or in French. Electronic records (4) If a record is kept or retained in electronic form, the person that keeps the record must ensure that information in it is readable or perceivable so as to be usable for subsequent reference during the retention period required for the record. General period for retention (5) Records must be retained for a period of seven years after the end of the year to which they relate or for any other period specified in the regulations. Demand by Minister (6) If the Minister is of the opinion that it is necessary to do so, the Minister may, by registered letter or by a demand served personally, require a person referred to in subsection (1) to retain any records for a period that is specified by the Minister and the person must do so as required. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Records Sections 187-189 Permission for earlier disposal (7) The Minister may, in writing, authorize a person referred to in subsection (1) to dispose of any records before the end of the period during which they are required to be retained. Revenues Distribution — charge payments 188 (1) The Minister of National Revenue must distribute revenues from excess emissions charge payments that are made under section 174 or 178 in relation to covered facilities that are located in a province or area. The Minister of National Revenue may distribute the revenues to (a) that province; (b) persons that are specified in the regulations or that meet criteria set out in the regulations; or (c) a combination of both. Distribution — subsection 181(3) payments (2) The Minister of National Revenue may distribute revenues from payments that are made under subsection 181(3) to persons that are specified in the regulations or that meet criteria set out in the regulations. Amount (3) The amount of any revenues to be distributed under subsection (1) or (2) is to be calculated in the manner determined by the Minister of National Revenue. Time and manner (4) A distribution of revenues under subsection (1) or (2) is to be made, subject to the regulations, at the times and in the manner that the Minister of National Revenue considers appropriate and may, in accordance with the regulations, be made out of the Consolidated Revenue Fund. Orders and Regulations Amendments to Part 2 of Schedule 1 189 (1) For the purpose of ensuring that the pricing of greenhouse gas emissions is applied broadly in Canada at levels that the Governor in Council considers appropriate, the Governor in Council may, by order, amend Part 2 of Schedule 1 by adding, deleting or amending the name of a province or the description of an area. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Orders and Regulations Sections 189-191 Factors (2) In making an order under subsection (1), the Governor in Council shall take into account, as the primary factor, the stringency of provincial pricing mechanisms for greenhouse gas emissions. Exclusive economic zone and continental shelf (3) For greater certainty, an area referred to in subsection (1) may include a part of the exclusive economic zone of Canada or the continental shelf of Canada. Non-application 189.1 Despite section 164.2 of the Canada–Newfoundland and Labrador Atlantic Accord Implementation Act, if the offshore area, as defined in section 2 of that Act, is mentioned in Part 2 of Schedule 1 to this Act, section 164.2 of that Act does not apply. 2018, c. 27, s. 178. Amendments to Schedule 3 190 (1) The Governor in Council may, by order, amend Schedule 3 by (a) adding a gas to column 1 and its global warming potential to column 2 or deleting a gas from column 1 and its global warming potential from column 2; and (b) amending the global warming potential set out in column 2 for a gas set out in column 1. Factors (2) In making an order under subsection (1), the Governor in Council may take into account any factor that the Governor in Council considers appropriate, including any change in the reporting requirements under the United Nations Framework Convention on Climate Change, done in New York on May 9, 1992. Amendments to Schedule 4 191 The Governor in Council may, by order, amend Schedule 4 by (a) adding a calendar year to column 1 and an excess emissions charge to column 2 for that year; and (b) amending the excess emissions charge set out in column 2 for a calendar year set out in column 1. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Orders and Regulations Section 192 Regulations 192 The Governor in Council may make regulations for the purposes of this Division, including regulations (a) defining facility; (b) respecting covered facilities, including the circumstances under which they cease to be covered facilities; (c) allowing for the determination of the persons that are responsible for a facility or covered facility; (d) respecting designations and cancellations of designations under section 172; (e) respecting compliance periods and the associated regular-rate compensation deadlines and increasedrate compensation deadlines; (f) respecting the reports and verifications referred to in section 173 and subsections 176(2) and 177(2); (g) respecting greenhouse gas emissions limits referred to in sections 173 to 175, subsection 178(1), section 182 and subsection 183(1); (h) respecting the quantification of greenhouse gases that are emitted by a facility; (i) respecting the circumstances under which greenhouse gases are deemed to have been emitted by a facility; (j) respecting the methods, including sampling methods, and equipment that are to be used to gather information on greenhouse gas emissions and activities related to those emissions; (k) respecting the compensation referred to in sections 174 and 178; (l) respecting compliance units, including transfers of compliance units, the circumstances under which transfers of compliance units are prohibited and the recognition of units or credits issued by a person other than the Minister as compliance units; (m) respecting the tracking system referred to in section 185 and the accounts in that system; (n) providing for user fees; (o) respecting the rounding of numbers; (p) respecting the retention of records referred to in section 187; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Orders and Regulations Sections 192-195 (q) respecting the correction or updating of information that has been provided under this Division. Transitional measures 193 The Governor in Council may make regulations respecting transitional matters related to the deletion of the name of a province or the description of an area from Part 2 of Schedule 1 or to circumstances in which a facility ceases to be a covered facility, including regulations respecting the application of this Division during a portion of a compliance period. Effect 194 (1) An order made under section 189, 190 or 191 and a regulation made under section 192 or 193 may have effect earlier than the day on which it is made if it so provides and it gives effect to measures referred to in a notice published by the Minister. However, the order or regulation must not have effect before the day on which the notice is published. Statutory Instruments Act (2) For greater certainty, a notice referred to subsection (1) is a regulation as defined in subsection 2(1) of the Statutory Instruments Act if, for the purpose of ensuring the early registration under section 171 of facilities as covered facilities, the notice sets out criteria respecting facilities and persons. Regulations — offset credit system 195 The Governor in Council may make regulations establishing an offset credit system for projects that prevent greenhouse gases from being emitted or that remove greenhouse gases from the atmosphere, including regulations (a) respecting the issuance by the Minister of offset credits to persons that are responsible for the projects; (b) imposing requirements on those persons; (c) respecting the registration and monitoring of the projects; (d) respecting the keeping and retention of records; and (e) providing for user fees. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 1 Pricing Mechanism for Greenhouse Gas Emissions Delegation Sections 196-197 Delegation Delegation 196 The Minister may delegate his or her powers, duties and functions under this Division, with the exception of the one set out in subsection 194(1), to any person. DIVISION 2 Information and Samples Purposes 197 (1) The Minister may exercise a power under this section for one or more of the following purposes: (a) to assess the emission levels in Canada of greenhouse gases or other gases that contribute or could contribute to climate change; (b) to determine whether measures to control those emissions are required and, if so, what measures are to be taken; and (c) to ensure that information that is necessary for the purposes of Division 1 is gathered or provided to the Minister. Order (2) The Minister may, by order, require any person that is described in the order (a) to notify the Minister if, during a period specified in the order, the person is or was engaged in any activity related to gases specified in the order; (b) to gather information on those gases, including (i) information on a substance or product, including a fuel, that is related to those gases, and (ii) plans, specifications, studies and information in respect of any equipment, facility or activity that is related to those gases; (c) to gather samples of those gases or any substance or product, including a fuel, that is related to those gases; (d) to use specified methods and equipment to gather the information and samples or to quantify gas emissions; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 2 Information and Samples Sections 197-198 (e) to provide any information on those gases or to provide any samples referred to in paragraph (c) to the Minister. Other requirements (3) The order may also (a) require numbers to be rounded in accordance with a method specified in the order; (b) require any information that must be provided to be verified by a third party in accordance with the order; (c) require copies of any information that is provided — and any documents, calculations, measurements and other data on which the information is based — to be retained in a location specified in the order for a period specified in the order; (d) require the updating, within a period specified in the order, of contact information for a person described in the order and any other information of an administrative nature that is specified in the order; and (e) specify the form and manner in which information and samples are to be provided. Compliance with order (4) A person that is described in the order must comply with the order within the time specified in the order. Extension of time (5) On request in writing from a person that is described in the order, the Minister may extend the time within which the person is required to comply with it. Regulations — information 198 (1) The Governor in Council may make regulations respecting the gathering of information on greenhouse gases or other gases that contribute or could contribute to climate change, on the emission of those gases and on activities related to those emissions and the provision of that information to the Minister, including regulations (a) respecting the methods, including sampling methods, and equipment that are to be used to gather the information or to quantify gas emissions; (b) respecting the rounding of numbers; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 2 Information and Samples Sections 198-199 (c) respecting the verification of the information by third parties; (d) respecting the correction or updating of any information that is provided under this Division; (e) respecting the keeping and retention of records; and (f) specifying the form and manner in which the information is to be provided. Regulations — samples (2) The Governor in Council may make regulations respecting the gathering of samples of greenhouse gases or other gases that contribute or could contribute to climate change or of samples of any substance or product, including a fuel, that is related to those gases and the provision of those samples to the Minister, including regulations (a) respecting the sampling methods and equipment that are to be used to gather the samples; and (b) specifying the form and manner in which the samples are to be provided. Errors and omissions 199 (1) If, within five years after the day on which a person provides information under this Division, the Minister is of the opinion that there is an error or omission in that information, the Minister may require the person to provide corrected information and may require the person to cause the corrected information to be verified by a third party. Compliance (2) If the Minister requires a person to provide corrected information or to cause corrected information to be verified by a third party, the person must do so by a deadline specified by the Minister. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Sections 200-201 DIVISION 3 Administration and Enforcement Interpretation Definitions 200 The following definitions apply in this Division. conveyance includes any vehicle, ship or aircraft. (moyen de transport) dwelling-house has the meaning assigned by section 2 of the Criminal Code and includes, for greater certainty, living quarters on a platform anchored at sea. (maison d’habitation) place includes any platform anchored at sea or conveyance. (lieu) Designation of Enforcement Officers and Analysts Designation 201 (1) The Minister may designate individuals or classes of individuals whom the Minister considers qualified as enforcement officers or analysts for the purposes of the administration and enforcement of this Part. Production of certificate of designation (2) Every enforcement officer or analyst must be furnished with a certificate of designation as an enforcement officer or analyst, as the case may be, and on entering any place referred to in subsection 203(1) must, if so requested, produce the certificate to the person in charge of the place. Powers of enforcement officers (3) For the purposes of this Part, enforcement officers have all the powers of a peace officer, but the Minister may specify limits on those powers when designating any individuals or class of individuals. Exclusive economic zone and continental shelf (4) Every power that may be exercised or every duty or function that may be performed by an enforcement officer or an analyst under this Part may be exercised or performed in the exclusive economic zone of Canada or in the waters above the continental shelf of Canada. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Designation of Enforcement Officers and Analysts Sections 202-203 Immunity 202 No action or other proceeding of a civil nature may be brought against an enforcement officer or an analyst in respect of anything that is done or omitted to be done in good faith while exercising their powers or performing their duties or functions under this Part. Powers Authority to enter 203 (1) An enforcement officer who has reasonable grounds to believe that anything to which this Part applies — including a book, record, piece of electronic data or other document — is located in a place or that an activity regulated by this Part is conducted in a place, may, for the purpose of verifying compliance with this Part, enter the place and require any individual to be present. Powers (2) The enforcement officer may, for that purpose, (a) examine anything that is found in the place; (b) open and examine any receptacle or package found in the place; (c) examine any books, records, electronic data or other documents and make copies of them or any part of them; (d) take samples of anything to which this Part applies; (e) conduct any tests or take any measurements; (f) take photographs and make recordings or sketches; (g) order the owner or person in charge of the place or a person at the place to establish their identity to the enforcement officer’s satisfaction; (h) order the owner or person in charge of the place or a person in the place to stop or start an activity; (i) use or cause to be used any computer system or means of communication at the place to examine any data contained in or available to the computer system or means of communication; (j) cause a record to be produced from the data in the form of a printout or other intelligible output; (k) reproduce any record or cause it to be reproduced; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Powers Section 203 (l) order the owner or a person having possession, care or control of anything in the place to not move it, or to restrict its movement; (m) use or direct any person to operate or to cease to operate any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place; (n) take a printout or other output for examination or copying; (o) use or cause to be used any copying equipment in the place to make copies of the record; and (p) prohibit or limit access to all or part of the place. Disposition of samples (3) An enforcement officer may dispose of a sample taken under paragraph (2)(d) in any manner that the enforcement officer considers appropriate. Analysts (4) An enforcement officer who enters a place under subsection (1) may be accompanied by an analyst. The accompanying analyst may enter the place and exercise any of the powers referred to in paragraphs (2)(a) to (f) and may use any system or equipment — including any system or equipment for measuring greenhouse gas emissions — in the place. Stopping and detaining conveyances (5) For the purpose of entering a place referred to in subsection (1) that is a conveyance, an enforcement officer may, at any reasonable time, direct that the conveyance be stopped — or be moved, by the route and in the manner that the enforcement officer may specify, to a place specified by the enforcement officer — and the enforcement officer may, for a reasonable time, detain the conveyance. Enforcement officer and analyst to receive accommodation (6) An enforcement officer who travels to a platform anchored at sea for the purpose of entering it under subsection (1), and any analyst who accompanies the enforcement officer, must be carried to and from the platform free of charge and the person in charge of the platform must provide the enforcement officer and analyst with suitable accommodation and food free of charge. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Powers Sections 204-206 Warrant to enter dwelling-house 204 (1) If a place referred to in subsection 203(1) is a dwelling-house, an enforcement officer may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing an enforcement officer to enter a dwelling-house — and authorizing any other person named in the warrant to accompany the enforcement officer and to exercise any power referred to in section 203 that is specified in the warrant — if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection 203(1); (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance with this Part; and (c) entry was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Conditions in warrant (3) A warrant issued under this section may contain any conditions that the justice of the peace considers appropriate. Production of documents and samples 205 (1) For the purpose of verifying compliance with this Part, the Minister may, by registered letter or by a demand served personally, require any person to produce at a place specified by the Minister anything referred to in paragraph 203(2)(c) or any samples referred to in paragraph 203(2)(d) within any reasonable time and in any reasonable manner that may be stipulated in the letter or demand. Compliance (2) Any person that is required to produce anything under subsection (1) must, despite any other law to the contrary, do so as required. Assistance to Enforcement Officers and Analysts Entry on private property 206 While exercising powers or performing duties or functions under this Part, enforcement officers and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Assistance to Enforcement Officers and Analysts Sections 206-210 analysts, and any persons accompanying them, may enter private property — other than a dwelling-house — and pass through it in order to gain entry to a place referred to in subsection 203(1). For greater certainty, they are not liable for doing so. Assistance 207 If an enforcement officer or analyst enters a place referred to in subsection 203(1), the owner or person in charge of the place and every person found in it must (a) give the enforcement officer or analyst all reasonable assistance to enable them to perform duties and functions under this Part; and (b) provide the enforcement officer or analyst with any information that the enforcement officer or analyst may reasonably require for the purposes of this Part. False or misleading statements 208 A person must not knowingly make any false or misleading statement, either orally or in writing, to an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part. Obstruction 209 A person must not obstruct or hinder an enforcement officer or analyst who is exercising powers or performing duties and functions under this Part. Disposition of Things Seized Custody of things seized 210 (1) Subject to subsections (2) and (3), if an enforcement officer seizes a thing under section 489 of the Criminal Code, (a) sections 489.1 and 490 of the Criminal Code apply; and (b) the enforcement officer, or any person that the officer may designate, must retain custody of the thing subject to any order made under section 490 of the Criminal Code. Forfeiture if ownership not ascertainable (2) If the lawful ownership of or entitlement to the seized thing cannot be ascertained within 30 days after its seizure, the thing or any proceeds of its disposition are forfeited to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Disposition of Things Seized Sections 210-214 Abandonment (3) The owner of the seized thing may abandon it to Her Majesty in right of Canada. Disposition by Minister 211 Any thing that has been forfeited or abandoned under this Part is to be dealt with and disposed of as the Minister may direct. Liability for costs 212 The lawful owner and any person lawfully entitled to possession of any thing seized, detained, forfeited or abandoned under this Part or under the Criminal Code and who has been found guilty of an offence under this Part in relation to that thing, are jointly and severally, or solidarily, liable for all the costs of entry to a place, seizure, detention, forfeiture, abandonment or disposition incurred by Her Majesty in excess of any proceeds of disposition of the thing that have been forfeited to Her Majesty under this Part or the Criminal Code. Jurisdiction of Justices and Judges — Exclusive Economic Zone of Canada and Waters Above the Continental Shelf of Canada Jurisdiction of justices and judges 213 A justice or judge in any territorial division in Canada has jurisdiction to exercise powers or perform duties or functions under this Part in relation to the exercise of powers or performance of duties or functions by an enforcement officer or analyst in the exclusive economic zone of Canada or the waters above the continental shelf of Canada. Compliance Orders Definitions 214 The following definitions apply in sections 215 to 223. Chief Review Officer means the review officer appointed as Chief Review Officer under subsection 244(1) of the Canadian Environmental Protection Act, 1999 and includes any review officer designated under subsection 244(3) of that Act to perform the functions of the Chief Review Officer. (réviseur-chef) order means an order issued under section 215. (ordre) Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Compliance Orders Section 215 Order 215 (1) If an enforcement officer believes on reasonable grounds that there is or is likely to be a contravention of this Part, they may issue an order directing a person to (a) stop doing something that is or is likely to be in contravention of this Part or cause it to be stopped; (b) take any measure that is necessary in order to comply with this Part or to mitigate the effects of noncompliance; and (c) take any other measure that the enforcement officer considers necessary to facilitate compliance with the order including (i) maintaining records on any relevant matter, (ii) reporting periodically to the enforcement officer, and (iii) submitting to the enforcement officer any information, proposal or plan specified by the enforcement officer and setting out any action to be taken by the person with respect to the subject matter of the order. Notice (2) An order must be provided in the form of a written notice and must set out (a) the name of each person to whom it is directed; (b) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; (c) the relevant facts surrounding the alleged contravention; (d) whatever it is to be stopped or the measures to be taken; (e) the time or the day when each measure is to begin or the period during which it is to be carried out; (f) subject to subsection (3), the duration of the order; (g) a statement that a request for a review may be made to the Chief Review Officer; and (h) the period within which a request for a review may be made. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Compliance Orders Sections 215-218 Duration of order (3) The maximum duration of an order is 180 days. Statutory Instruments Act (4) An order is not a statutory instrument for the purposes of the Statutory Instruments Act. Notice of intent 216 (1) An enforcement officer must, before issuing an order, (a) provide an oral or a written notice of the intent of the enforcement officer to issue the order to every person to whom the order will be directed; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (2) A notice of intent to issue an order must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the order will be issued; (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and (d) a statement that the person to whom the order will be directed may make oral representations to the enforcement officer within the period stated in the notice. Compliance with the order 217 (1) A person to whom an order is directed must, on receipt of the order or a copy of it, comply with the order. No bar to proceedings (2) The issuance of or compliance with an order in respect of a person’s alleged contravention of this Part or the regulations is not a bar to any proceedings against the person under this Part or under any other Act in relation to the alleged contravention. Intervention by enforcement officer 218 (1) If any person to whom an order is directed fails to take any measures specified in the order, an enforcement officer may take the measures or authorize a third party to take the measures. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Compliance Orders Sections 218-219 Access to property (2) An enforcement officer or third party that is authorized to take measures under subsection (1) may enter and have access to any place or property, other than a dwelling-house, and may do any reasonable things that may be necessary in the circumstances. Immunity (3) If a third party is authorized to take measures under subsection (1), no action or other proceeding of a civil nature may be brought against the third party in respect of any act or omission committed in good faith in taking those measures. Recovery of reasonable costs and expenses by Her Majesty 219 (1) Her Majesty in right of Canada may recover the costs and expenses of and incidental to taking any measures under subsection 218(1) from any person to whom the order is directed. Reasonably incurred (2) The costs and expenses referred to in subsection (1) must only be recovered to the extent that they can be established to have been reasonably incurred in the circumstances. Liability (3) If the order is directed to more than one person, they are jointly and severally, or solidarily, liable for the costs and expenses referred to in subsection (1). Procedure (4) A claim under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken in respect of the claim in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that a person may have against any other person. Limitation period (6) If events giving rise to a claim under this section occur, no proceedings in respect of the claim may be instituted after five years from the date on which the events occur or came to the knowledge of the Minister, whichever is later. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Compliance Orders Sections 219-220 Minister’s certificate (7) A document purporting to have been issued by the Minister certifying the day on which the events giving rise to a claim under this section came to the knowledge of the Minister must be received in evidence and, in the absence of any evidence to the contrary, the document must be considered as proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document. Variation or cancellation of order 220 (1) At any time before a notice requesting a review of an order is received by the Chief Review Officer, the enforcement officer may (a) amend or suspend a condition of the order, or add condition to, or delete a condition from, the order; (b) cancel the order; (c) correct a clerical error in the order; or (d) extend the duration of the order up to the maximum duration set out in subsection 215(3). Notice of intent (2) The enforcement officer must, before exercising a power under paragraph (1)(a) or (d), (a) provide an oral or a written notice of the intent of the enforcement officer to do so to every person to whom the order is directed; and (b) allow a reasonable opportunity in the circumstances for the person to make oral representations. Contents of notice of intent (3) A notice of intent to exercise a power under paragraph (1)(a) or (d) must include (a) a statement of the purpose of the notice; (b) a reference to the statutory authority under which the power will be exercised; (c) the provision of this Part or the regulations that is alleged to have been or that is likely to be contravened; and (d) a statement that the person to whom the order is directed may make oral representations to the enforcement officer within the period stated in the notice. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Compliance Orders Sections 221-225 Regulations 221 The Minister may make regulations respecting reporting under subparagraph 215(1)(c)(ii) and respecting representations made to enforcement officers under subsection 216(1) or 220(2). Request for review 222 (1) Any person to whom an order is directed may, by notice in writing given to the Chief Review Officer within 30 days after receipt by the person of the written order or a copy of it, make a request to the Chief Review Officer for a review of the order. Extension of period for request (2) The Chief Review Officer may extend the period within which a request for a review may be made if, in the Chief Review Officer’s opinion, it is in the public interest to do so. Review of order 223 Sections 257 to 264 and 266 to 271 of the Canadian Environmental Protection Act, 1999 apply, with any modifications that the circumstances require, to a review of any order. Immunity 224 No action or other proceeding of a civil nature may be brought against a review officer in respect of anything that is done or omitted to be done in good faith in the exercise of their powers or the performance of their duties and functions under section 223. Voluntary Reports Voluntary reports 225 (1) If a person has knowledge of the commission or reasonable likelihood of the commission of an offence under this Part, but is not required to report the matter under this Part, the person may report any information relating to the offence or likely offence to an enforcement officer or any person to whom a report may be made under this Part. Request for confidentiality (2) The person making the report may request that their identity, and any information that could reasonably be expected to reveal their identity, not be disclosed. Requirement for confidentiality (3) A person must not disclose or cause to be disclosed the identity of a person who makes a request under subsection (2) or any information that could reasonably be Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Voluntary Reports Sections 225-226 expected to reveal their identity unless the person authorizes the disclosure in writing. Employee protection (4) Despite any other Act of Parliament, an employer must not dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, with the intent to retaliate against the employee because the employee has (a) made a report under subsection (1); (b) acting in good faith and on the basis of reasonable belief, refused or stated an intention of refusing to do anything that is an offence under this Part; or (c) acting in good faith and on the basis of reasonable belief, done or stated an intention of doing anything that is required to be done by or under this Part. Application for Investigation of Offences Application for investigation by Minister 226 (1) An individual who is resident in Canada and at least 18 years of age may apply to the Minister for an investigation of any offence under this Part that the individual alleges has occurred. Statement to accompany application (2) The application must include a solemn affirmation or declaration (a) stating the name and address of the applicant; (b) stating that the applicant is at least 18 years old and a resident of Canada; (c) stating the nature of the alleged offence and the name of each person alleged to be involved; and (d) containing a concise statement of the evidence supporting the allegations of the applicant. Form (3) The Minister may, by regulation, prescribe the form in which an application under this section is required to be made. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Application for Investigation of Offences Sections 227-231 Investigation by Minister 227 The Minister must acknowledge receipt of the application within 20 days after the receipt and must investigate all matters that he or she considers necessary to determine the facts relating to the alleged offence. Progress reports 228 Starting on the day on which the Minister acknowledges receipt of the application, he or she must report to the applicant every 90 days on the progress of the investigation and the action, if any, that the Minister has taken or proposes to take, and the Minister must include in the report an estimate of the time required to complete the investigation or to implement the action. A report is not however required if the investigation is discontinued before the end of the 90 days. Sending evidence to Attorney General of Canada 229 At any stage of an investigation, the Minister may send any documents or other evidence to the Attorney General of Canada for consideration of whether an offence has been or is about to be committed under this Part and for any action that the Attorney General may wish to take. Discontinuation of investigation 230 (1) The Minister may discontinue an investigation if he or she is of the opinion that (a) the alleged offence does not require further investigation; or (b) the investigation does not substantiate the alleged offence. Report (2) If an investigation is discontinued, the Minister must prepare a report in writing that describes the information obtained during the investigation and states the reasons for its discontinuation and he or she must send a copy of the report to the applicant and to any person whose conduct was investigated. A copy of the report that is sent to a person whose conduct was investigated must not disclose the name or address of the applicant or any other personal information about them. Injunctions Injunctions 231 (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done or is about to do or is likely to do any act or thing constituting or directed toward the commission of an Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 3 Administration and Enforcement Injunctions Sections 231-232 offence under this Part, the court may issue an injunction ordering any person named in the application (a) to refrain from doing any act or thing that it appears to the court may constitute or be directed toward the commission of an offence under this Part; or (b) to do any act or thing that it appears to the court may prevent the commission of an offence under this Part. Notice (2) At least 48 hours before the injunction is issued, notice of the application must be served on persons named in the application, unless the urgency of the situation is such that the delay involved in serving the notice would not be in the public interest. DIVISION 4 Offences and Punishment Offences Offences 232 (1) Every person commits an offence who (a) contravenes section 208 or subsection 217(1) or 225(4); (b) knowingly contravenes section 209; (c) contravenes any provision of a regulation that is designated by regulations made under section 246; (d) contravenes an order of a court made under this Part; (e) knowingly, with respect to any matter related to this Part, provides any person with any false or misleading information or samples; (f) knowingly, with respect to any matter related to this Part, files a document that contains false or misleading information; or (g) knowingly, destroys, alters, mutilates, conceals or otherwise disposes of any records that are kept and retained under this Part. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Section 232 (i) for a first offence, to a fine of not less than $15,000 and not more than $1,000,000 or to imprisonment for a term of not more than three years, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $30,000 and not more than $2,000,000 or to imprisonment for a term of not more than three years, or to both; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $5,000 and not more than $300,000 or to imprisonment for a term of not more than six months, or to both, and (ii) for a second or subsequent offence, to a fine of not less than $10,000 and not more than $600,000 or to imprisonment for a term of not more than six months, or to both. Penalty — other persons (3) Every person, other than an individual or an organization referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not less than $500,000 and not more than $6,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $1,000,000 and not more than $12,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $100,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $200,000 and not more than $8,000,000. Penalty — small revenue organizations (4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable, (a) on conviction on indictment, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Sections 232-233 (i) for a first offence, to a fine of not less than $75,000 and not more than $4,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $150,000 and not more than $8,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not less than $25,000 and not more than $2,000,000, and (ii) for a second or subsequent offence, to a fine of not less than $50,000 and not more than $4,000,000. Offences 233 (1) Every person commits an offence who (a) contravenes any provision of this Part, other than a provision the contravention of which is an offence under paragraph 232(1)(a); (b) contravenes any provision of a regulation made under this Part, other than a provision the contravention of which is an offence under paragraph 232(1)(c); (c) with respect to any matter related to this Part, provides any person with any false or misleading information or samples; or (d) with respect to any matter related to this Part, files a document that contains false or misleading information. Penalty — individuals (2) Every individual who commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $100,000, and (ii) for a second or subsequent offence, to a fine of not more than $200,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $25,000, and (ii) for a second or subsequent offence, to a fine of not more than $50,000. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Section 233 Penalty — other persons (3) Every person, other than an individual or a organization referred to in subsection (4), that commits an offence under subsection (1) is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $500,000, and (ii) for a second or subsequent offence, to a fine of not more than $1,000,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000. Penalty — small revenue organizations (4) Every organization that commits an offence under subsection (1) and that the court determines under section 234 to be a small revenue organization is liable, (a) on conviction on indictment, (i) for a first offence, to a fine of not more than $250,000, and (ii) for a second or subsequent offence, to a fine of not more than $500,000; or (b) on summary conviction, (i) for a first offence, to a fine of not more than $50,000, and (ii) for a second or subsequent offence, to a fine of not more than $100,000. Order — provision of compensation (5) If a person is found guilty of contravening subsection 174(1) or paragraph 178(1)(a), the court must, in addition to any penalty that may be imposed under this section, order the offender to provide compensation, at the rates set out in subsection 174(4), for the excess emissions for which no compensation was provided and for which no compliance units were withdrawn. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Sections 234-238 Determination of small revenue organization status 234 For the purposes of sections 232 and 233, a court may determine an organization to be a small revenue organization if the court is satisfied that the organization’s gross revenues for the 12 months immediately before the day on which the subject matter of the proceedings arose — or, if it arose on more than one day, for the 12 months immediately before the first day on which the subject matter of the proceedings arose — were not more than $5,000,000. Relief from minimum fine 235 The court may impose a fine that is less than the minimum amount provided for in subsection 232(2), (3) or (4) if it is satisfied, on the basis of evidence submitted to the court, that the minimum fine would cause undue financial hardship. The court must provide reasons if it imposes a fine that is less than the minimum amount provided for in any of those subsections. Deeming — second and subsequent offence 236 (1) For the purposes of subsections 232(2) to (4) and 233(2) to (4), a conviction for a particular offence under this Part is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been previously convicted — under any Act of Parliament, or any Act of the legislature of a province, that relates to the control or pricing of greenhouse gas emissions — of a substantially similar offence. Application (2) Subsection (1) applies only to previous convictions on indictment and to previous convictions on summary conviction, and to previous convictions under any similar procedure under any Act of the legislature of a province. Additional fine 237 If a person is convicted of an offence and the court is satisfied that, as a result of the commission of the offence, the person acquired any property, benefit or advantage, the court must order the offender to pay an additional fine in an amount equal to the court’s estimation of the value of that property, benefit or advantage. The additional fine may exceed the maximum amount of any fine that may otherwise be imposed under this Part. Notice to shareholders 238 If a corporation that has shareholders is convicted of an offence under this Part, the court must make an order directing the corporation to notify its shareholders, in the manner and within the time directed by the court, Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Sections 238-243 of the facts relating to the commission of the offence and of the details of the punishment imposed. Limitation period 239 No proceedings by way of summary conviction in respect of an offence under this Part may be instituted more than five years after the day on which the subject matter of the proceedings arose, unless the prosecutor and the defendant agree that they may be instituted after the five years. Offence for each tonne 240 If the offence of contravening subsection 174(1) or paragraph 178(1)(a) is committed, the person that committed the offence is liable to be convicted for a separate offence for each CO2e tonne of a greenhouse gas that is emitted over the applicable emissions limit for which no compensation is provided by the increased-rate compensation deadline. Regulations 241 The Governor in Council may, by regulation, prescribe the manner in which the proceeds or any part of the proceeds resulting from the payment of a fine or the execution of an order in relation to an offence under this Part must be distributed in order to reimburse any person, government or body that has commenced the proceedings in respect of the offence for costs incurred by that person, government or body in respect of the prosecution of the offence. Liability of senior officers 242 (1) If an organization commits an offence under this Part, a senior officer of the organization who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence, and is liable on conviction to the penalty provided for by this Part for an individual in respect of the offence committed by the organization, whether or not the organization has been prosecuted. Definition of senior officer (2) In this section, senior officer means a director, partner, employee, member, agent, mandatary or contractor who plays an important role in the establishment of an organization’s policies or is responsible for managing an important aspect of its activities and, in the case of a corporation, includes its chief executive officer and its chief financial officer. Proof of offence 243 In any prosecution of an offence under this Part, other than an offence of contravening section 208 or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Offences Sections 243-247 subsection 225(4) or an offence under any of paragraphs 232(1)(b) and (e) to (g), it is sufficient proof of the offence to establish that it was committed by a director, partner, employee, member, agent, mandatary or contractor of the accused organization, whether or not they are identified or prosecuted for the offence. Defence 244 A person must not be found guilty of an offence under this Part, other than an offence of contravening section 208 or subsection 225(4) or an offence under any of paragraphs 232(1)(b) and (e) to (g), if the person establishes that they exercised all due diligence to prevent its commission. Certificate of analyst 245 (1) Subject to subsections (2) and (3), a certificate of an analyst that states the result of an analysis or examination and includes any related statement is admissible in evidence in any prosecution for an offence under this Part and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or the official character of the person appearing to have signed the certificate. Attendance of analyst (2) The party against whom a certificate of an analyst is produced may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) A certificate of an analyst must not be received in evidence unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate. Regulations 246 The Governor in Council may, by regulation, designate provisions of regulations made under this Part for the purposes of paragraph 232(1)(c). Sentencing Fundamental purpose 247 The fundamental purpose of sentencing for offences under this Part is to contribute — in light of the risks posed by climate change to the environment, including its biological diversity, to human health and safety and to economic prosperity — to respect for laws related to the pricing of greenhouse gas emissions through the imposition of just sanctions that have as their objectives Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Sentencing Sections 247-248 (a) the deterrence of the offender and any other person from committing offences under this Part; (b) the denunciation of the unlawful conduct; and (c) the reinforcement of the “polluter pays” principle. Principles 248 (1) In addition to the principles and factors that the court is otherwise required to consider, including those set out in sections 718.1 to 718.21 of the Criminal Code, the court must consider the following principles when sentencing a person that is convicted of an offence under this Part: (a) the amount of the fine should be increased to account for every aggravating factor associated with the offence, including the aggravating factors set out in subsection (2); and (b) the amount of the fine should reflect the gravity of each aggravating factor associated with the offence. Aggravating factors (2) The aggravating factors are the following: (a) the offender committed the offence intentionally or recklessly; (b) the offender failed to take reasonable steps to prevent the commission of the offence despite having the financial means to do so; (c) by committing the offence or failing to take action to prevent its commission, the offender increased revenue or decreased costs or intended to increase revenue or decrease costs; (d) the offender committed the offence despite having been warned by an enforcement officer of the circumstances that subsequently became the subject of the offence; (e) the offender has a history of non-compliance with federal or provincial legislation that relates to the control or pricing of greenhouse gas emissions; and (f) after the commission of the offence, the offender (i) attempted to conceal its commission, (ii) failed to take prompt action to prevent, mitigate or remediate its effects, or Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Sentencing Sections 248-249 (iii) failed to take prompt action to reduce the risk of committing similar offences in the future. Absence of aggravating factor (3) The absence of an aggravating factor set out in subsection (2) is not a mitigating factor. Reasons (4) If the court is satisfied of the existence of one or more of the aggravating factors set out in subsection (2) but decides not to increase the amount of the fine because of that factor, the court must give reasons for that decision. Orders of court 249 (1) If an offender has been convicted of an offence under this Part, in addition to any other punishment that may be imposed under this Part, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the offender from doing any act or engaging in any activity that may result in the continuation or repetition of the offence; (b) directing the offender to implement a greenhouse gas emissions control or reduction system that meets a recognized Canadian or international standard; (c) directing the offender to have an audit conducted by a person of a class and at the times specified by the court and directing the offender to remedy any deficiencies revealed during the audit; (d) directing the offender to pay to Her Majesty in right of Canada an amount of money that the court considers appropriate for the purpose of promoting the control or reduction of greenhouse gas emissions or mitigating the effects of climate change caused by those emissions; (e) directing the offender to publish, in the manner specified by the court, the facts relating to the commission of the offence and the details of the punishment imposed, including any orders made under this subsection; (f) directing the offender to notify, at the offender’s own cost and in the manner specified by the court, any person aggrieved or affected by the offender’s conduct of the facts relating to the commission of the offence and of the details of the punishment imposed, including any orders made under this subsection; Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Sentencing Section 249 (g) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with any order made under this section; (h) directing the offender to submit to the Minister, on application by the Minister made within three years after the date of conviction, any information with respect to the offender’s activities that the court considers appropriate and just in the circumstances; (i) directing the offender to compensate any person, monetarily or otherwise, in whole or in part, for the cost of any remedial or preventive action taken, caused to be taken or to be taken as a result of the act or omission that constituted the offence, including costs of assessing appropriate remedial or preventive action; (j) directing the offender to perform community service, subject to any reasonable conditions that may be imposed in the order; (k) directing the offender to pay, in the manner prescribed by the court, an amount for the purpose of conducting research into climate change; (l) directing the offender to pay, in the manner prescribed by the court, an amount to groups concerned with climate change — including groups concerned with the effects of climate change on the Indigenous peoples of Canada and on northern, coastal or remote communities — to assist in their work; (m) directing the offender to pay, in the manner prescribed by the court, an amount to an educational institution including for scholarships for students enrolled in studies related to climate change; (n) requiring the offender to comply with any other conditions that the court considers appropriate in the circumstances for securing the offender’s good conduct and for deterring the offender and any other person from committing offences under this Part; (o) requiring the offender to remit compliance units to the Minister or any other person; and (p) prohibiting the offender from entering into transactions involving compliance units during any period that the court considers appropriate. Publication (2) If an offender fails to comply with an order made under paragraph (1)(e), the Minister may, in the manner that the court directed the offender to do so, publish the facts relating to the commission of the offence and the Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Sentencing Sections 249-250 details of the punishment imposed and recover the costs of publication from the offender. Debt due to Her Majesty (3) If the court makes an order under paragraph (1)(d) or (i) directing an offender to pay an amount to Her Majesty in right of Canada, or if the Minister incurs publication costs under subsection (2), the amount or the costs, as the case may be, constitute a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Enforcement (4) If the court makes an order under subsection (1) directing an offender to pay an amount to a person other than to Her Majesty in right of Canada and the amount is not paid without delay, the person may, by filing the order, enter as a judgment, in the superior court of the province in which the trial was held, the amount ordered to be paid, and that judgment is enforceable against the offender in the same manner as if it were a judgment rendered against the offender in that court in civil proceedings. Retirement of compliance units (5) If the court makes an order under paragraph (1)(o), any compliance unit that is remitted to the Minister in accordance with the order is retired from circulation. Coming into force and duration (6) An order made under subsection (1) comes into force on the day on which it is made or on any other day that the court may determine and must not continue in force for more than three years after that day unless the court provides otherwise in the order. Suspended sentence 250 (1) If a person is convicted of an offence and the court suspends the passing of sentence under paragraph 731(1)(a) of the Criminal Code, the court may, in addition to any probation order made under that Act, make an order containing one or more of the prohibitions, directions or requirements referred to in subsection 249(1). Imposition of sentence (2) If the person does not comply with the order or is convicted of another offence within three years after the order is made, the court may, on the application of the prosecution, impose any sentence that could have been imposed if the passing of sentence had not been suspended. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 4 Offences and Punishment Sentencing Sections 251-253 Application of fines 251 (1) Subject to regulations made under section 241, all fines received by the Receiver General in respect of the commission of an offence under this Part or any amount received in accordance with an order under paragraph 249(1)(d) are to be credited to the Environmental Damages Fund, an account in the accounts of Canada, and used for purposes related to protecting, conserving or restoring the environment or for administering that Fund. For greater certainty (2) For greater certainty, purposes related to protecting, conserving or restoring the environment include promoting the control or reduction of greenhouse gas emissions. Recommendations of court (3) A court imposing a fine may recommend to the Minister that all or a portion of the fine credited to the Environmental Damages Fund be paid to a person or an organization, including any entity that represents the interests of one or more of the Indigenous peoples of Canada, specified by the court for a purpose referred to in subsection (1). Registry Publication of information about contraventions 252 (1) For the purpose of encouraging compliance with this Part, the Minister must keep, in a registry accessible to the public, information about all convictions of organizations for offences under this Part. Retention (2) Information in the registry is to be kept for a minimum of five years. DIVISION 5 Miscellaneous Agreements Respecting Administration and Enforcement Negotiation of agreement 253 (1) The Minister may negotiate an agreement respecting the administration and enforcement of this Part with any person, any government in Canada, the government of a foreign state or a political subdivision of a foreign state, any international organization or any institution of a government or an international organization. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 5 Miscellaneous Agreements Respecting Administration and Enforcement Sections 253-255 Publication of final agreement (2) The Minister must publish an agreement made under subsection (1), or give notice of its availability, in the Canada Gazette and in any other manner that the Minister considers appropriate. Action not limited by agreement (3) An agreement made under this section must not limit or restrict the carrying out of any action the Minister deems necessary for the administration and enforcement of this Part, including the conduct of inspections or investigations. Confidentiality Request for confidentiality 254 A person that provides information to the Minister under this Part may submit with the information a written request, with supporting justifications, that the information be treated as confidential for one or more of the following reasons: (a) the information constitutes a trade secret; (b) the disclosure of the information would likely cause material financial loss to, or prejudice to the competitive position of, the person; or (c) the disclosure of the information would likely interfere with contractual or other negotiations being conducted by the person. Additional justification 255 (1) The Minister may, after studying the reasons provided under section 254, require the person in question to provide in writing, within a period specified by the Minister, additional justification for the request for confidentiality. Minister’s decision (2) In determining whether to accept or reject the request, the Minister must consider whether the reasons are well-founded and, if they are, the Minister may nevertheless reject the request if the Minister considers that the public interest in the disclosure of the information outweighs in importance any material financial loss or prejudice to the competitive position of the person that provided the information. Acceptance of request (3) If the Minister accepts the request, he or she must not disclose the information unless the disclosure Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 5 Miscellaneous Confidentiality Sections 255-257 (a) is made with the written consent of the person that made the request; (b) is made to the Canada Revenue Agency; (c) is made to the Minister of Finance for the purpose of developing policy related to the pricing of greenhouse gas emissions; (d) is necessary for the purposes of the administration or enforcement of this Part; or (e) is made under an agreement or arrangement between the Government of Canada or any of its institutions and any other government in Canada, the government of a foreign state or a political subdivision of a foreign state, or an international organization or any of its institutions, or between the Minister and any other minister of the Crown in right of Canada, in which the government, international organization, institution or other minister undertakes to keep the information confidential. Rejection of request (4) If the Minister rejects the request, (a) the person has the right to ask the Federal Court to review the matter within 30 days after the day on which the person is notified that the request has been rejected or within any further time that the Court may, before the expiry of those 30 days, fix; and (b) the Minister must advise the person of the rejection, of the Minister’s intention to disclose the information and of the person’s right to ask the Federal Court to review the matter. Applicable provisions (5) If the person asks the Federal Court to review a matter under paragraph (4)(a), sections 45 to 47 of the Access to Information Act apply, with any modifications that the circumstances require, in respect of a request for a review under that paragraph as if it were an application made under section 44 of that Act. Regulations 256 The Governor in Council may make regulations specifying the information to be provided in a request for confidentiality. Regulations Variation 257 For greater certainty, regulations made under this Part may distinguish among any province or area and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 2 Industrial Greenhouse Gas Emissions DIVISION 5 Miscellaneous Regulations Sections 257-261 among any class of persons, equipment, facilities, activities or greenhouse gas emission sources, including fuels. Incorporation by reference — limitation removed 258 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act, to the effect that a document must be incorporated as it exists on a particular date, does not apply to any power to make regulations under this Part. Regulations not mandatory 259 The following provisions apply in the absence of any regulations referred to in those provisions: (a) subsections 172(1) and (3); (b) sections 175 and 179; (c) subsection 180(2); (d) section 182; (e) subsection 187(3); and (f) subsections 188(1), (2) and (4). Service Fees Act Service Fees Act 260 For greater certainty, an excess emissions charge is not a fee as defined in subsection 2(1) of the Service Fees Act. Review Review 261 (1) The Minister must undertake a review of sections 232 to 252 each time the Minister undertakes a review under section 294.5 of the Canadian Environmental Protection Act, 1999. Report to Parliament (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 3 Application of Provincial Schemes Section 262 PART 3 Application of Provincial Schemes Definitions 262 The following definitions apply in this Part. federal land means land that belongs to Her Majesty in right of Canada, or that Her Majesty in right of Canada has the power to dispose of, and all waters on and airspace above that land. (territoire domanial) federal work or undertaking means any work or undertaking that is within the legislative authority of Parliament, including (a) a work or undertaking operated for or in connection with navigation and shipping, whether inland or maritime, including the operation of ships and transportation by ship; (b) a railway, canal, telegraph or other work or undertaking connecting one province with another, or extending beyond the limits of a province; (c) a line of ships connecting a province with any other province, or extending beyond the limits of a province; (d) a ferry between any province and any other province or between any province and any country other than Canada; (e) airports, aircraft and commercial air services; (f) a broadcast undertaking; (g) a bank; (h) a work or undertaking that, although wholly situated within a province, is before or after its completion declared by Parliament to be for the general advantage of Canada or for the advantage of two or more provinces; and (i) a work or undertaking outside the exclusive legislative authority of the legislatures of the provinces. (entreprises fédérales) Indigenous land means (a) a reserve and any other land that is set apart for the use and benefit of a band under the Indian Act, and all waters on and airspace above that reserve or land; and Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 3 Application of Provincial Schemes Sections 262-263 (b) land that is subject to a comprehensive or specific claim agreement, or a self-government agreement, between the Government of Canada and an Indigenous people of Canada, and all waters on and airspace above that land, with respect to which title remains with Her Majesty in right of Canada. (terres autochtones) Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada) provincial law means an Act of the legislature of a province that relates to the control or pricing of greenhouse gas emissions and any regulations made under that Act. (texte législatif d’une province) Regulations 263 (1) The Governor in Council may, by regulation, made on the recommendation of the Minister of the Environment, provide that a provincial law applies to (a) a federal work or undertaking that is located in that province; (b) federal land or any part of that land that is located in that province; (c) Indigenous land or any part of that land that is located in that province; (d) any part of the internal waters of Canada that is located in or contiguous with that province; or (e) any part of the territorial sea of Canada, the exclusive economic zone of Canada or the continental shelf of Canada that is contiguous with that province. Limitation (2) Subsection (1) does not apply to any provision of a provincial law that imposes a tax. Limitation (3) For greater certainty, this section must not be interpreted as providing a basis for any claim, by or on behalf of a province, in respect of any interest in or legislative jurisdiction over any offshore area to which a provincial law is applied under this section or the living or non-living resources of that area, or as limiting the application of any federal laws. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 3 Application of Provincial Schemes Sections 264-269 Statutory Instruments Act 264 The Statutory Instruments Act does not apply to any instrument made by a provincial official or body under the authority of a provincial law that is incorporated by reference in a regulation made under subsection 263(1). Service Fees Act 265 For greater certainty, the Service Fees Act does not apply to any fee, charge or levy that is fixed under a provincial law that is incorporated by reference in a regulation made under subsection 263(1). Federal Courts Act 266 (1) A provincial official or body that exercises a power or performs a duty or function under a regulation made under subsection 263(1) is not a federal board, commission or other tribunal for the purposes of the Federal Courts Act. Review or appeal in provincial courts (2) Unless otherwise provided by a regulation made under subsection 263(1), if a power is conferred or a duty or function is imposed by a provincial law that is incorporated by reference in the regulation, the exercise of the power or the performance of the duty or function is subject to review by, or appeal to, the courts of the province in the same manner and to the same extent as if the laws of that province applied. Exclusive economic zone and continental shelf 267 For greater certainty, an individual who exercises a power or performs a duty or function under a regulation made under subsection 263(1) may do so in the exclusive economic zone of Canada or in waters above the continental shelf of Canada. Amounts collected 268 Payments collected by a provincial official or body under a regulation made under subsection 263(1) belong to Her Majesty in right of the province and are not public money for the purposes of the Financial Administration Act. Liability for acts and omissions 269 In respect of any act or omission occurring in the exercise of a power or the performance of a duty or function under a regulation made under subsection 263(1), Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act PART 3 Application of Provincial Schemes Sections 269-270 (a) Her Majesty in right of Canada is entitled to the same limits on liability, defences and immunities as those that would apply to Her Majesty in right of the province in question when Her Majesty in right of that province exercises such a power or performs such a duty or function under the law that applies in that province; and (b) any person or body exercising the power or performing the duty or function is entitled to the same limits on liability, defences and immunities as those that would apply to a person or body when the person or body exercises such a power or performs such a duty or function under the law that applies in that province in question. PART 4 Report to Parliament Annual report 270 Starting in the year in which the second anniversary of the day on which this section comes into force falls and each calendar year after that, the Minister of the Environment must prepare a report on the administration of this Act and have a copy of the report tabled in each House of Parliament. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 1 Provinces and Areas SCHEDULE 1 (Section 3, subsections 166(2) and 168(1), paragraph 168(2)(c), subsection 168(3), section 169, subsection 172(1), section 185, subsection 189(1) and section 193) Provinces and Areas PART 1 Provinces and Areas for the Purposes of Part 1 of the Act TABLE 1 List of Provinces Item 1 2 3 4 4.1 5 6 Name of Province Ontario [Repealed, SOR/2020-261, s. 1] Manitoba Saskatchewan Alberta Yukon Nunavut PART 2 Provinces and Areas for the Purposes of Part 2 of the Act List of Provinces Item 1 2 3 4 5 6 7 Province [Repealed, SOR/2021-195, s. 1] [Repealed, SOR/2021-195, s. 2] Manitoba Prince Edward Island Saskatchewan Yukon Nunavut 2018, c. 12, s. 186 “Sch. 1”; SOR/2018-212; SOR/2019-79, s. 1; SOR/2019-79, s. 2; SOR/ 2019-294, s. 3; SOR/2020-261, s. 1; SOR/2021-195, s. 1; SOR/2021-195, s. 2. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates SCHEDULE 2 (Section 3, subsections 166(4) and 168(1), paragraphs 168(2)(b) and ( Charge Rates TABLE 1 Rates of charge applicable for th 2019 and ending on March 31, 20 Column 1 Item 1 Column 2 Type Aviation gasoline Column 3 Unit $/litre Aviation turbo fuel $/litre Butane $/litre Ethane $/litre Gas liquids $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item 6 Column 2 Type Gasoline Column 3 Unit $/litre Heavy fuel oil $/litre Kerosene $/litre Light fuel oil $/litre Methanol $/litre Naphtha $/litre Petroleum coke $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Pentanes plus $/litre Propane $/litre Coke oven gas $/cubic metre Marketable natural gas $/cubic metre Non-marketable natural gas $/cubic metre Still gas $/cubic metre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Coke $/tonne High heat value coal $/tonne Low heat value coal $/tonne Combustible waste $/tonne TABLE 2 Rates of charge applicable for th 2020 and ending on March 31, 20 Column 1 Item 1 Column 2 Type Aviation gasoline Current to June 20, 2022 Last amended on June 9, 2022 Column 3 Unit $/litre Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Aviation turbo fuel $/litre Butane $/litre Ethane $/litre Gas liquids $/litre Gasoline $/litre Heavy fuel oil $/litre Kerosene $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Light fuel oil $/litre Methanol $/litre Naphtha $/litre Petroleum coke $/litre Pentanes plus $/litre Propane $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Coke oven gas $/cubic metre Marketable natural gas $/cubic metre Non-marketable natural gas $/cubic metre Still gas $/cubic metre Coke $/tonne High heat value coal $/tonne Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Low heat value coal $/tonne Combustible waste $/tonne TABLE 3 Rates of charge applicable for th 2021 and ending on March 31, 20 Column 1 Item 1 Column 2 Type Aviation gasoline Column 3 Unit $/litre Aviation turbo fuel $/litre Butane $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item 4 Column 2 Type Ethane Column 3 Unit $/litre Gas liquids $/litre Gasoline $/litre Heavy fuel oil $/litre Kerosene $/litre Light fuel oil $/litre Methanol $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Naphtha $/litre Petroleum coke $/litre Pentanes plus $/litre Propane $/litre Coke oven gas $/cubic metre Marketable natural gas $/cubic metre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Non-marketable natural gas $/cubic metre Still gas $/cubic metre Coke $/tonne High heat value coal $/tonne Low heat value coal $/tonne Combustible waste $/tonne Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit TABLE 4 Rates of charge applicable after M Column 1 Item 1 Column 2 Type Aviation gasoline Column 3 Unit $/litre Aviation turbo fuel $/litre Butane $/litre Ethane $/litre Gas liquids $/litre Gasoline $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Heavy fuel oil $/litre Kerosene $/litre Light fuel oil $/litre Methanol $/litre Naphtha $/litre Petroleum coke $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Pentanes plus $/litre Propane $/litre Coke oven gas $/cubic metre Marketable natural gas $/cubic metre Non-marketable natural gas $/cubic metre Still gas $/cubic metre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 Charge Rates Column 1 Item Column 2 Type Column 3 Unit Coke $/tonne High heat value coal $/tonne Low heat value coal $/tonne Combustible waste $/tonne TABLE 5 [Repealed, SOR/2019-79, s. 3] 2018, c. 12, s. 186 “Sch. 2”; SOR/2019-79, s. 3; SOR/2019-79, s. 4; SOR/2019-294, s. 4; SOR/2 3; SOR/2020-261, s. 4. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) ANNEXE 2 (article 3, paragraphes 166(4) et 168(1), alinéas 168(2)b) et c) et parag Taux des redevances TABLEAU 1 Taux des redevances applicables le 1 avril 2019 et se terminant le er Colonne 1 Article 1 Colonne 2 Type essence d’aviation Colonne 3 Unité $/litre carburéacteur $/litre butane $/litre éthane $/litre liquides de gaz $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article 6 Colonne 2 Type essence Colonne 3 Unité $/litre mazout lourd $/litre kérosène $/litre mazout léger $/litre méthanol $/litre naphta $/litre coke de pétrole $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité pentanes plus $/litre propane $/litre gaz de four à coke $/mètre cube gaz naturel commercialisable $/mètre cube gaz naturel non commercialisable $/mètre cube gaz de distillation Current to June 20, 2022 Last amended on June 9, 2022 $/mètre cube Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité coke $/tonne charbon à pouvoir calorifique supérieur $/tonne charbon à pouvoir calorifique inférieur $/tonne déchet combustible $/tonne TABLEAU 2 Taux des redevances applicables le 1 avril 2020 et se terminant le er Colonne 1 Article 1 Colonne 2 Type essence d’aviation Current to June 20, 2022 Last amended on June 9, 2022 Colonne 3 Unité $/litre Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité carburéacteur $/litre butane $/litre éthane $/litre liquides de gaz $/litre essence $/litre mazout lourd $/litre kérosène $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité mazout léger $/litre méthanol $/litre naphta $/litre coke de pétrole $/litre pentanes plus $/litre propane $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité gaz de four à coke $/mètre cube gaz naturel commercialisable $/mètre cube gaz naturel non commercialisable $/mètre cube gaz de distillation $/mètre cube coke $/tonne charbon à pouvoir calorifique supérieur $/tonne Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité charbon à pouvoir calorifique inférieur $/tonne déchet combustible $/tonne TABLEAU 3 Taux des redevances applicables le 1 avril 2021 et se terminant le er Colonne 1 Article 1 Colonne 2 Type essence d’aviation Colonne 3 Unité $/litre carburéacteur $/litre butane $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article 4 Colonne 2 Type éthane Colonne 3 Unité $/litre liquides de gaz $/litre essence $/litre mazout lourd $/litre kérosène $/litre mazout léger $/litre méthanol $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité naphta $/litre coke de pétrole $/litre pentanes plus $/litre propane $/litre gaz de four à coke $/mètre cube gaz naturel commercialisable $/mètre cube Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type gaz naturel non commercialisable $/mètre cube gaz de distillation $/mètre cube coke $/tonne charbon à pouvoir calorifique supérieur $/tonne charbon à pouvoir calorifique inférieur $/tonne déchet combustible $/tonne Current to June 20, 2022 Last amended on June 9, 2022 Colonne 3 Unité Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité TABLEAU 4 Taux des redevances applicables Colonne 1 Article 1 Colonne 2 Type essence d’aviation Colonne 3 Unité $/litre carburéacteur $/litre butane $/litre éthane $/litre liquides de gaz $/litre essence $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité mazout lourd $/litre kérosène $/litre mazout léger $/litre méthanol $/litre naphta $/litre coke de pétrole $/litre Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité pentanes plus $/litre propane $/litre gaz de four à coke $/mètre cube gaz naturel commercialisable $/mètre cube gaz naturel non commercialisable $/mètre cube gaz de distillation Current to June 20, 2022 Last amended on June 9, 2022 $/mètre cube Greenhouse Gas Pollution Pricing Act SCHEDULE 2 (French) Colonne 1 Article Colonne 2 Type Colonne 3 Unité coke $/tonne charbon à pouvoir calorifique supérieur $/tonne charbon à pouvoir calorifique inférieur $/tonne déchet combustible $/tonne TABLEAU 5 [Abrogé, DORS/2019-79, art. 3] 2018, ch. 12, art. 186 « ann. 2 »; DORS/2019-79, art. 3; DORS/2019-79, art. 4; DORS/20192020-261, art. 2; DORS/2020-261, art. 3; DORS/2020-261, art. 4. Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 3 SCHEDULE 3 (Sections 169 and 170 and subsection 190(1)) Greenhouse Gases Column 1 Item Gas 1 Carbon dioxide, which has the molecular formula CO2 Column 2 Global Warming Potential 1 Methane, which has the molecular formula CH4 Nitrous oxide, which has the molecular formula N2O Sulfur hexafluoride, which has the molecular 22,800 formula SF6 Nitrogen trifluoride, which has the molecular 17,200 formula NF3 HFC-23, which has the molecular formula CHF3 14,800 HFC-32, which has the molecular formula CH2F2 HFC-41, which has the molecular formula CH3F HFC-43-10mee, which has the molecular formula CF3CHFCHFCF2CF3 1,640 HFC-125, which has the molecular formula CHF2CF3 3,500 HFC-134, which has the molecular formula CHF2CHF2 1,100 HFC-134a, which has the molecular formula CH2FCF3 1,430 HFC-143, which has the molecular formula CH2FCHF2 HFC-143a, which has the molecular formula CH3CF3 4,470 HFC-152, which has the molecular formula CH2FCH2F HFC-152a, which has the molecular formula CH3CHF2 HFC-161, which has the molecular formula CH3CH2F HFC-227ea, which has the molecular formula 3,220 CF3CHFCF3 HFC-236cb, which has the molecular formula 1,340 CH2FCF2CF3 HFC-236ea, which has the molecular formula 1,370 CHF2CHFCF3 HFC-236fa, which has the molecular formula 9,810 CF3CH2CF3 HFC-245ca, which has the molecular formula 693 CH2FCF2CHF2 HFC-245fa, which has the molecular formula 1,030 CHF2CH2CF3 HFC-365mfc, which has the molecular formula CH3CF2CH2CF3 Perfluoromethane, which has the molecular formula CF4 7,390 Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 3 Column 1 Item Gas 26 Perfluoroethane, which has the molecular formula C2F6 Column 2 Global Warming Potential 12,200 Perfluoropropane, which has the molecular formula C3F8 8,830 Perfluorobutane, which has the molecular formula C4F10 8,860 Perfluorocyclobutane, which has the molecular formula c-C4F8 10,300 Perfluoropentane, which has the molecular formula C5F12 9,160 Perfluorohexane, which has the molecular formula C6F14 9,300 Perfluorodecalin, which has the molecular formula C10F18 7,500 Perfluorocyclopropane, which has the molecular formula c-C3F6 17,340 Current to June 20, 2022 Last amended on June 9, 2022 Greenhouse Gas Pollution Pricing Act SCHEDULE 4 SCHEDULE 4 (Paragraph 174(3)(b), subsections 174(5), 178(2), 181(3) and section 191) Excess Emissions Charge Column 1 Item 1 2 3 4 5 Calendar Year 2018 2019 2020 2021 2022 Current to June 20, 2022 Last amended on June 9, 2022 Column 2 Charge per CO2e Tonne ($) 10 20 30 40 50

CONSOLIDATION Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act S.C. 1986, c. 23 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to approve, give effect to and declare valid certain agreements between the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band Short Title 1 Short title Interpretation 2 Definitions Agreement 3 Agreement approved Exception to Indian Act Exception to Canada Health Act Benefits not to be treated as income Regulations 7 Regulations Appropriation 8 Payments out of C.R.F. Coming into Force *9 Coming into force Current to June 20, 2022 ii S.C. 1986, c. 23 An Act to approve, give effect to and declare valid certain agreements between the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band [Assented to 17th June 1986] Preamble WHEREAS the Government of Canada, the Government of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band have entered into an Agreement for the settlement of all claims and causes of action, past, present and future, arising out of the discharge be Reed Inc. and its predecessors of mercury and other pollutants into the English and Wabigoon and related river systems and the continuing presence of any such pollutants, including the continuing but now diminishing presence of methylmercury in the related ecosystems since its initial identification in 1969; AND WHEREAS the discharge of such pollutants and governmental actions taken in consequence thereof may have had and may continue to have effects in respect of the social and economic circumstances and the health of the present and future members of the Bands; AND WHEREAS the Government of Canada and the Government of Ontario have assumed certain obligations under the Agreement in favour of the Bands; AND WHEREAS the Agreement provides, among other things, for the payment of certain sums to each Band, the establishment of the Grassy Narrows and Islington Bands Mercury Disability Board, the establishment of the Grassy Narrows and Islington Bands Current to June 20, 2022 Grassy Narrows and Islington Indian Bands Short Title Sections 1-2 Mercury Disability Fund, the payment of benefits to Band members and, subject to certain exceptions contained in the Agreement, the abolition of all existing and future rights of action of the Bands and of every past, present or future member of the Bands, and the estates thereof, in respect of any claims and causes of action that are the subject of the Agreement, in consideration of the rights, privileges and benefits set out in the Agreement; AND WHEREAS the Government of Canada and the Government of Ontario are obligated, pursuant to section 2.1 of the Agreement, to recommend to Parliament and the Legislature of Ontario, respectively, special legislation to give effect to the Agreement; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Grassy Narrows and Islington Indian Bands Mercury Pollution Claims Settlement Act. Interpretation Definitions 2 (1) In this Act, Agreement means the Memorandum of Agreement between Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, Her Majesty the Queen in Right of the Province of Ontario, Reed Inc., Great Lakes Forest Products Ltd., the Islington Indian Band and the Grassy Narrows Indian Band, signed by each party thereto in the month of November, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43, as amended by the Escrow Agreement; (Convention) Band means the Islington Indian Band or the Grassy Narrows Indian Band; (bande) Escrow Agreement means the Escrow Agreement between Great Lakes Forest Products Limited, Her Majesty Current to June 20, 2022 Grassy Narrows and Islington Indian Bands Interpretation Sections 2-4 the Queen in Right of the Province of Ontario, Reed Inc. and National Trust Company, the terms of which were approved of and consented to by the Grassy Narrows Indian Band and Islington Indian Band and by Her Majesty the Queen in Right of Canada as represented by the Minister of Indian Affairs and Northern Development, dated as of the 16th day of December, 1985, tabled in the House of Commons by the Minister of Indian Affairs and Northern Development on May 21, 1986 and recorded as document number 331-7/43. (contrat de mise en main tierce) Registered Indian deemed member of Band (2) Any person registered as an Indian pursuant to the Indian Act who was customarily resident on a reserve of a Band before October 1, 1985 and who, pursuant to paragraph 1(b) of Schedule A to the Agreement, is deemed to be an applicant within the meaning of that paragraph shall, for the purposes of this Act, be deemed to be a member of the Band. Agreement Agreement approved 3 (1) The Agreement is hereby approved, given effect and declared valid. Conferral of rights, privileges and benefits (2) On the abolition of all rights of action referred to in subsection (3), the beneficiaries under the Agreement shall have the rights, privileges and benefits set out in the Agreement. Abolition of rights of action (3) Except as provided in sections 1.16 and 2.3 of the Agreement, all existing and future rights of action of a Band and of every past, present and future member of a Band, and of the estates thereof, in respect of any of the claims or causes of action that are the subject of the Agreement are hereby abolished. Exception to Indian Act 4 (1) Subject to subsection (2), for the purposes of subsection 90(1) of the Indian Act, (a) all moneys paid or payable to a Band pursuant to the Agreement, and any personal property purchased by the Band therewith, Current to June 20, 2022 Grassy Narrows and Islington Indian Bands Agreement Sections 4-6 (b) all moneys paid at the discretion of a Band in accordance with the Agreement to a trust or corporation, and any personal property purchased by the trust or corporation therewith, and (c) any real or personal property purchased by a Band or by a trust or corporation for the purpose of giving effect to section 2.5 of the Agreement, shall be deemed to be personal property that was given to the Band under an agreement between the Band and Her Majesty but subsections 90(2) and (3) of the Indian Act shall not apply with respect thereto. Idem (2) Subsection 89(1) of the Indian Act or any enactment of Parliament to the like effect shall not apply (a) in respect of any real or personal property referred to in paragraph (1)(c); or (b) for the purposes of paragraph 41(a) of Schedule A to the Agreement, in respect of any amount paid pursuant to subparagraph 40(c)(ii) of Schedule A to the Agreement or pursuant to any enactment of the Legislature of Ontario that implements that subparagraph or in respect of any personal property purchased by a Band therewith. Exception to Canada Health Act 5 Every examination, service, test or report made or provided by a medical practitioner in respect of a member of a Band pursuant to the Agreement shall be deemed for the purposes of the Canada Health Act to be an insured health service provided under the health care insurance plan of the Province of Ontario. Benefits not to be treated as income 6 (1) The benefits paid or payable to a member of a Band pursuant to the Agreement shall not be treated as income of that member for the purposes of any other Act of Parliament. Government programs to continue (2) No payment or service to which a Band or any member of a Band is entitled under any other Act of Parliament or under any program of the Government of Canada shall be reduced or diminished by reason of the payment or availability of benefits to the Band or any member of the Band pursuant to the Agreement. Current to June 20, 2022 Grassy Narrows and Islington Indian Bands Regulations Sections 7-9 Regulations Regulations 7 The Governor in Council may make such regulations as are necessary for the purpose of carrying out the Agreement or for giving effect to any of the provisions thereof. Appropriation Payments out of C.R.F. 8 There shall be paid out of the Consolidated Revenue Fund such sums as may be required to meet the monetary obligations of Canada under the Agreement. Coming into Force Coming into force 9 This Act shall come into force on a day to be fixed by proclamation. * * [Note: Act in force July 28, 1986, see SI/86-149.] Current to June 20, 2022

CONSOLIDATION Government Services Resumption Act S.C. 1989, c. 24 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to provide for the resumption of certain government services Short Title 1 Short title Interpretation 2 Definitions Government Services *3 Resumption of government services *4 Obligations of bargaining agent Collective Agreements *5 Collective agreements Collective agreement binding Action prohibited Conciliation Boards *8 Establishment of conciliation boards Allowances Terms of reference for Hospital Services conciliation board Duties Form of decision Amendment of Collective Agreements 13 Amendment of collective agreement Enforcement 14 Offence by individuals Presumption Coming into Force *16 Coming into force SCHEDULE Current to June 20, 2022 ii S.C. 1989, c. 24 An Act to provide for the resumption of certain government services [Assented to 15th December 1989] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Government Services Resumption Act. Interpretation Definitions 2 (1) In this Act, bargaining agent means the Public Service Alliance of Canada; (agent négociateur) conciliation board means a board established pursuant to section 8; (bureau de conciliation) employee means a person employed in the Public Service who is bound by a group specific agreement; (fonctionnaire) employer means Her Majesty in right of Canada as represented by the Treasury Board; (employeur) government services means the services provided by that part of the Public Service in which the employees are employed; (services gouvernementaux) group specific agreement means a collective agreement specified in the schedule; (convention particulière) Current to June 20, 2022 Government Services Resumption Interpretation Sections 2-4 master agreement means the collective agreement between the employer and the bargaining agent that expired on June 30, 1988. (convention cadre) Words and expressions (2) Unless otherwise provided, words and expressions used in this Act have the same meaning as in the Public Service Staff Relations Act, except that “chair” wherever it is used in this Act shall mean the Chairman of the Public Service Staff Relations Board. Government Services Resumption of government services * 3 On the coming into force of this Act, (a) the employer shall forthwith ensure that government services are resumed; and (b) every employee shall, when so required, forthwith resume the duties of that employee’s employment. [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Obligations of bargaining agent * 4 (1) The bargaining agent and each officer and representative of the bargaining agent (a) shall, forthwith on the coming into force of this Act, give notice to every employee that, by reason of that coming into force, (i) any declaration, authorization or direction to go on strike given to them before that coming into force has become invalid, and (ii) government services are forthwith to be resumed and every employee, when so required, is forthwith to resume the duties of that employee’s employment; (b) shall, in addition to giving notice as required by paragraph (a), take all reasonable steps to ensure that every employee complies with paragraph 3(b); and (c) shall refrain from any conduct that may encourage any employee not to comply with paragraph 3(b). [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Current to June 20, 2022 Government Services Resumption Government Services Sections 4-6 Obligations of employer * (2) No officer or representative of the employer shall (a) in any manner impede any employee from complying with paragraph 3(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been legally on strike before the coming into force of this Act. [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Collective Agreements Collective agreements 5 (1) Subject to this Act, each group specific agreement and the master agreement, in its application to the bargaining unit bound by that group specific agreement, shall have effect on and after the coming into force of this Act and shall expire on the date fixed by the conciliation board established in respect of that bargaining unit. * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Coming into effect where express stipulation (2) Where the employer and the bargaining agent have, or the conciliation board established in respect of the bargaining unit represented by that agent has, stipulated in writing that a provision of a group specific agreement or of the master agreement is effective on a day before the coming into force of this Act, that provision shall be deemed to have effect on and after that day. * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Collective agreement binding 6 Each group specific agreement and the master agreement, in its application to the bargaining unit bound by that group specific agreement, as amended by or pursuant to this Act, is effective and binding on the parties thereto as provided for in section 5, notwithstanding anything in the Public Service Staff Relations Act or in that agreement and Current to June 20, 2022 Government Services Resumption Collective Agreements Sections 6-8 (a) that Act applies in respect of the agreement, as so amended, as if the term provided for in subsection 5(1) were the term of the agreement; and (b) the agreement, as so amended, shall, for the purposes of any Act of Parliament, be deemed to be an agreement between the employer and each of its employees in that bargaining unit on all matters relating to their employment. Action prohibited 7 For the term of a group specific agreement as provided for in subsection 5(1), (a) no officer or representative of the bargaining agent shall declare, authorize or direct a strike by any employees bound by that agreement; and (b) no employee bound by that agreement shall participate in a strike against the employer. Conciliation Boards Establishment of conciliation boards 8 (1) Forthwith on the coming into force of this Act, the chair shall * (a) establish two conciliation boards, one in respect of the bargaining unit bound by the group specific agreement specified in item 1 of the schedule and the other in respect of the bargaining units bound by the group specific agreements specified in items 2 and 3 of the schedule; (b) appoint Michael Bendel, of the City of Ottawa, as the chair of the first board referred to in paragraph (a) and Vincent Ready, of the City of Vancouver, as the chair of the second board therein referred to; and (c) by notice require each of the parties to nominate, within two days after receipt of the notice, two persons, one to be a member of the first board referred to in paragraph (a) and the other to be a member of the second board therein referred to. [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being December 15, 1989), but not before the twelfth hour after the time at which this Act is assented to, see section 16.] * Appointment of members (2) On receipt of a nomination within the period referred to in paragraph (1)(c), the chair shall appoint the nominee as a member of the conciliation board for which the person was nominated. Current to June 20, 2022 Government Services Resumption Conciliation Boards Sections 8-10 Idem (3) If either party fails to nominate a person for a conciliation board within the period referred to in paragraph (1)(c), the chair shall appoint as a member of that board a person the chair deems fit for the purpose. Vacancy (4) If any vacancy occurs in the membership of a conciliation board before it reports to the chair, the chair shall appoint as a member of that board a person the chair deems fit for the purpose. Allowances 9 The members of a conciliation board are entitled to be paid such allowances for the performance of their duties under this Act as the Governor in Council may fix. Terms of reference for Hospital Services conciliation board 10 (1) The chair shall refer to the first conciliation board referred to in paragraph 8(1)(a) (a) all matters relating to the amendment or revision of the group specific agreement specified in item 1 of the schedule, and of the master agreement, in its application to the bargaining unit bound by that group specific agreement, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 22, 1989 and that remain in dispute between the parties at the time the board was established under this Act; (b) such other matters as the chair deems necessary or advisable; and (c) the fixing of a date for the expiry of the agreements referred to in paragraph (a). Terms of reference for Ships’ Crews conciliation board (2) The chair shall refer to the second conciliation board mentioned in paragraph 8(1)(a) (a) all matters relating to the amendment or revision of the group specific agreements specified in items 2 and 3 of the schedule, and of the master agreement, in its application to the bargaining units bound by those group specific agreements, that were referred to a conciliation board established under the Public Service Staff Relations Act by the chair on September 20, 1989 and that remain in dispute between the parties at the time the board was established under this Act; Current to June 20, 2022 Government Services Resumption Conciliation Boards Sections 10-12 (b) such other matters as the chair deems necessary or advisable; and (c) the fixing of a date for the expiry of the agreements referred to in paragraph (a). Duties 11 (1) Each conciliation board shall, within ninety days after all its members have been appointed or such longer period as the chair, after consultation with the parties, may allow, (a) endeavour to mediate all matters referred to it pursuant to section 10 and to bring about agreement between the parties on those matters; (b) if the board is unable to bring about agreement in respect of any such matter, hear the parties on the matter and render a decision in respect thereof; (c) fix the date for the expiry of the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, which date shall not be earlier than June 21, 1991, in the case of the agreements referred to in paragraph 10(1)(a), or June 30, 1991, in the case of the agreements referred to in paragraph 10(2)(a); and (d) report to the chair on the resolution of all such matters and on the date fixed by the board. Powers (2) A conciliation board has all the powers conferred by the Public Service Staff Relations Act on a conciliation board established under that Act. Form of decision 12 (1) A decision of a conciliation board referred to in paragraph 11(1)(b) shall be set out in a form that will enable the decision to be incorporated in the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be. Incorporation in collective agreements (2) When a conciliation board reports to the chair pursuant to subsection 11(1), the agreements referred to in paragraph 10(1)(a) or (2)(a), as the case may be, shall be deemed to be amended by the incorporation therein of any amendments thereto agreed to in writing by the parties in the course of the mediation, any decision of the Current to June 20, 2022 Government Services Resumption Conciliation Boards Sections 12-15 board referred to in paragraph 11(1)(b) and the date fixed by the board for the expiry of the agreements, and each agreement, as so amended, constitutes a new group specific agreement or master agreement, as the case may be. Amendment of Collective Agreements Amendment of collective agreement 13 Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the master agreement or a group specific agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than the date fixed for the expiry of the agreement, and to give effect thereto. Enforcement Offence by individuals 14 (1) An individual who contravenes any provision of this Act is guilty of an offence punishable on summary conviction and is liable, for each day or part thereof during which the offence continues, to a fine (a) of not less than $10,000 nor more than $50,000, where the individual was acting in the capacity of an officer or representative of the employer or the bargaining agent when the offence was committed; or (b) of not less than $500 nor more than $1,000, in any other case. Offence by bargaining agent (2) Where the bargaining agent contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part thereof during which the offence continues, to a fine of not less than $50,000 nor more than $100,000. Presumption 15 For the purposes of enforcement proceedings under this Act, the bargaining agent is deemed to be a person. Current to June 20, 2022 Government Services Resumption Coming into Force Section 16 Coming into Force Coming into force 16 This Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to. * * [Note: Act assented to December 15, 1989.] Current to June 20, 2022 Government Services Resumption SCHEDULE SCHEDULE (Subsections 2(1) and 8(1) and section 10) Group specific collective agreement for the Hospital Services (supervisory and non-supervisory) Group between the employer and the bargaining agent that expired on December 21, 1987 Group specific collective agreement for the Ships’ Crews (supervisory) Group between the employer and the bargaining agent that expired on December 31, 1987 Group specific collective agreement for the Ships’ Crews (non-supervisory) Group between the employer and the bargaining agent that expired on December 31, 1987 Current to June 20, 2022

CONSOLIDATION Genetic Non-Discrimination Act S.C. 2017, c. 3 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to prohibit and prevent genetic discrimination Short Title 1 Short title Interpretation 2 Definitions Prohibitions 3 Genetic test Disclosure of results Written consent Exceptions: health care practitioners and researchers Offences and Punishment 7 Contravention of sections 3 to 5 Canada Labour Code Canadian Human Rights Act Coordinating Amendments Current to June 20, 2022 ii S.C. 2017, c. 3 An Act to prohibit and prevent genetic discrimination [Assented to 4th May 2017] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Genetic Non-Discrimination Act. Interpretation Definitions 2 The following definitions apply in this Act. disclose includes to authorize disclosure. (communiquer) genetic test means a test that analyzes DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique) health care practitioner means a person lawfully entitled under the law of a province to provide health services in the place in which the services are provided by that person. (professionnel de la santé) Current to June 20, 2022 An Act to prohibit and prevent genetic discrimination Prohibitions Sections 3-6 Prohibitions Genetic test 3 (1) It is prohibited for any person to require an individual to undergo a genetic test as a condition of (a) providing goods or services to that individual; (b) entering into or continuing a contract or agreement with that individual; or (c) offering or continuing specific terms or conditions in a contract or agreement with that individual. Refusal to undergo genetic test (2) It is prohibited for any person to refuse to engage in an activity described in any of paragraphs (1)(a) to (c) in respect of an individual on the grounds that the individual has refused to undergo a genetic test. Disclosure of results 4 (1) It is prohibited for any person to require an individual to disclose the results of a genetic test as a condition of engaging in an activity described in any of paragraphs 3(1)(a) to (c). Refusal to disclose results (2) It is prohibited for any person to refuse to engage in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual on the grounds that the individual has refused to disclose the results of a genetic test. Written consent 5 It is prohibited for any person who is engaged in an activity described in any of paragraphs 3(1)(a) to (c) in respect of an individual to collect, use or disclose the results of a genetic test of the individual without the individual’s written consent. Exceptions: health care practitioners and researchers 6 Sections 3 to 5 do not apply to (a) a physician, a pharmacist or any other health care practitioner in respect of an individual to whom they are providing health services; or (b) a person who is conducting medical, pharmaceutical or scientific research in respect of an individual who is a participant in the research. Current to June 20, 2022 An Act to prohibit and prevent genetic discrimination Offences and Punishment Sections 7-11 Offences and Punishment Contravention of sections 3 to 5 7 Every person who contravenes any of sections 3 to 5 is guilty of an offence and is liable (a) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; or (b) on summary conviction, to a fine not exceeding $300,000 or to imprisonment for a term not exceeding twelve months, or to both. Canada Labour Code 8 [Amendment] Canadian Human Rights Act 9 [Amendment] 10 [Amendments] Coordinating Amendments 11 [Amendments] Current to June 20, 2022

CONSOLIDATION Governor General’s Act R.S.C., 1985, c. G-9 Current to June 20, 2022 Last amended on June 29, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 29, 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 June 29, 2012 TABLE OF PROVISIONS An Act respecting the Governor General Short Title 1 Short title PART I Office of Governor General 2 Corporation sole Instruments taken to Governor General Salary 4.1 Annual adjustment of salary PART II Governor General’s Retiring Annuity 4.2 Definition of survivor Status of males and females Annuity Annuity to survivor of annuitant Election for former Governor General Payment of annuities Payment not affected by other benefits Diversion of payments to satisfy financial support order Current to June 20, 2022 Last amended on June 29, 2012 ii R.S.C., 1985, c. G-9 An Act respecting the Governor General Short Title Short title 1 This Act may be cited as the Governor General’s Act. R.S., c. G-14, s. 1. PART I Office of Governor General Corporation sole 2 The Governor General of Canada or other chief executive officer or administrator carrying on the Government of Canada on behalf and in the name of the Sovereign, by whatever title designated, is a corporation sole. R.S., c. G-14, s. 2. Instruments taken to Governor General 3 (1) All bonds, recognizances and other instruments by law required to be taken to the Governor General in his public capacity shall be taken to the Governor General by his name of office. Suit and recovery (2) The instruments referred to in subsection (1) may be sued for and recovered by the Governor General by his name of office. Not to vest in personal representatives (3) The instruments referred to in subsection (1) shall in no case go to or vest in the personal representatives of the Governor General, chief executive officer or administrator of the Government in whose name they were taken. R.S., c. G-14, s. 3. Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s PART I Office of Governor General Sections 4-4.1 Salary 4 (1) There shall be payable to the Governor General for the 12-month period beginning on January 1, 2013 a salary of $270,602. Second charge on C.R.F. (2) The salary of the Governor General is payable out of the Consolidated Revenue Fund, and forms the second charge thereon. R.S., 1985, c. G-9, s. 4; R.S., 1985, c. 50 (1st Supp.), s. 1; 1990, c. 5, s. 1; 2012, c. 19, s. 16. Annual adjustment of salary 4.1 (1) For the 12-month period beginning on January 1, 2014 and for each 12-month period after that, the Governor General’s salary shall be the amount obtained by multiplying (a) that salary for the twelve month period immediately preceding the twelve month period in respect of which the salary is to be determined by (b) the lesser of one hundred and seven per cent and the percentage that the Industrial Aggregate for the first adjustment year is of the Industrial Aggregate for the second adjustment year. Meaning of certain expressions (2) For the purposes of subsection (1), (a) in relation to any twelve month period in respect of which the salary of the Governor General is to be determined, the “first adjustment year” is the most recent twelve month period for which the Industrial Aggregate is available on the first day of the period in respect of which the salary is to be determined, and the “second adjustment year” is the twelve month period immediately preceding the first adjustment year; and (b) the “Industrial Aggregate” for an adjustment year is the average weekly wages and salaries of the Industrial Aggregate in Canada for that year as published by Statistics Canada under the authority of the Statistics Act. Rounding of amounts and prorating (3) A salary determined pursuant to subsection (1) that is not a multiple of one hundred dollars shall be rounded to the closest multiple of one hundred dollars that is lower than the salary so determined and the salary so determined shall be prorated for any period that is less than one year. Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s PART I Office of Governor General Sections 4.1-6 (4) and (5) [Repealed, 2012, c. 19, s. 17] 1990, c. 5, s. 2; 1993, c. 13, s. 9; 1994, c. 18, s. 8; 2012, c. 19, s. 17. PART II Governor General’s Retiring Annuity Definition of survivor 4.2 For the purposes of this Part, survivor means (a) a person who was married (i) to a Governor General or former Governor General immediately before the death of the Governor General or former Governor General, and (ii) in the case of a former Governor General, to him or her immediately before the time when he or she ceased to be a Governor General; or (b) a person who establishes that the person was cohabiting in a relationship of a conjugal nature (i) with a Governor General or former Governor General for a period of at least one year immediately before the death of the Governor General or former Governor General, and (ii) in the case of a former Governor General, with him or her immediately before he or she ceased to be a Governor General. 2000, c. 12, s. 127. Status of males and females 5 Males and females have equality of status and equal rights and obligations under this Part. 1974-75-76, c. 81, s. 95. Annuity 6 (1) Where a Governor General ceases to hold office as such, there shall be paid to him an annuity equal to the aggregate of (a) one-third of the salary annexed to the office of Governor General on March 1, 1967; and (b) such amount, in addition to the amount determined under paragraph (a), as would be paid to him as a supplementary retirement benefit under the Supplementary Retirement Benefits Act in the year in Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s PART II Governor General’s Retiring Annuity Sections 6-7 which he ceases to hold office if that benefit were calculated on the basis that he had ceased to hold office on January 1, 1952. Duration of annuity (2) An annuity payable under this section shall commence on the day the annuitant ceases to hold the office of Governor General and shall continue thereafter during his life. R.S., 1985, c. G-9, s. 6; R.S., 1985, c. 50 (1st Supp.), s. 2. Annuity to survivor of annuitant 7 (1) When a former Governor General who is in receipt of an annuity under section 6 dies, an annuity equal to one-half of the annuity shall be paid to his or her survivor. Annuity to survivor of Governor General (2) When a Governor General dies while holding office, his or her survivor shall be paid an annuity equal to onehalf of the annuity that would have been paid if the Governor General had retired on the day on which he or she died. Duration of annuity to survivor (3) An annuity payable to a survivor under this section shall commence immediately after the death of the Governor General or former Governor General and shall continue during the life of the survivor. Apportionment when two survivors (4) When an annuity is payable under this section and there are two survivors, the total amount of the annuity shall be apportioned so that (a) the survivor referred to in paragraph 4.2(a) receives an amount, if any, equal to the total amount less any amount determined under paragraph (b) of this subsection; and (b) the survivor referred to in paragraph 4.2(b) receives an amount equal to that proportion of the total amount that the number of years that the survivor cohabited with the annuitant while the annuitant was Governor General is of the number of years that the annuitant was Governor General. Years (5) In determining a number of years for the purpose of paragraph (4)(b), a part of a year shall be counted as a full year if the part is six or more months and shall be ignored if it is less. R.S., 1985, c. G-9, s. 7; 2000, c. 12, s. 128. Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s PART II Governor General’s Retiring Annuity Sections 8-10 Election for former Governor General 8 (1) If the person to whom a former Governor General is married or with whom he or she is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, would not be entitled to an annuity under section 7 in the event of the former Governor General’s death, the former Governor General may make an election, in accordance with the regulations, to reduce the amount of the annuity to which he or she is entitled in order that the person could become entitled to an annuity under subsection (2). Payment (2) A person referred to in subsection (1) is entitled to an annuity in an amount determined in accordance with the election and the regulations if the former Governor General dies and the election is not revoked or deemed to have been revoked, and the person was married to the former Governor General at the time of his or her death, or was cohabiting with the former Governor General in a relationship of a conjugal nature for a period of at least one year immediately before his or her death. Regulations (3) The Governor in Council may make regulations respecting (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked; (b) the reduction to be made in the amount of a former Governor General’s pension when an election is made; (c) the amount of the annuity to be paid under subsection (2); and (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section. R.S., 1985, c. G-9, s. 8; 2000, c. 12, s. 128. Payment of annuities 9 An annuity payable under this Part shall be paid out of the Consolidated Revenue Fund by monthly instalments, and for any period less than a month shall be paid pro rata. R.S., c. G-15, s. 5. Payment not affected by other benefits 10 The payment of an annuity under this Part shall not affect or be affected by the payment of any pension, annuity or other benefit under any other Act of Parliament. R.S., c. G-15, s. 6. Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s PART II Governor General’s Retiring Annuity Section 11 Diversion of payments to satisfy financial support order 11 (1) When any court in Canada of competent jurisdiction has made an order requiring a person in receipt of an annuity under subsection 6(1) to pay financial support, amounts payable to the annuitant under that subsection are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act. Payment deemed to be to annuitant (2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the annuitant in respect of whom the payment was made. R.S., 1985, c. G-9, s. 11; 2000, c. 12, s. 129. Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s RELATED PROVISIONS RELATED PROVISIONS — R. S. , 1985, c. 50 (1st Supp. ), s. 8 Where person ceased to hold office between April 1, 1985 and date of Royal Assent to this Act 8 (1) For greater certainty, where a person ceased to hold office as lieutenant governor or as judge in the period commencing on April 1, 1985 and ending on the day preceding the day on which this Act is assented to, (a) that person shall be paid the retroactive salary increment resulting from section 3 or 4 in respect of the period commencing on April 1, 1985 and ending on the day on which the person ceased to hold office; (b) in the case of a lieutenant governor, any retroactive salary increment paid to the lieutenant governor pursuant to paragraph (a) shall, for the purposes of subsection 3(2) of the Lieutenant Governors Superannuation Act, be deemed to have been received by that person during the person’s term of office; and (c) in the case of a judge, any annuity granted to or in respect of that judge is increased, as of the day it was granted, to reflect the higher salary annexed to the office held by the judge on the day on which the judge ceased to hold office. Where person deceased (2) Where a person to whom a retroactive salary increment or a retroactive pension or annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person’s estate or, if less than one thousand dollars, as may be directed by the Secretary of State of Canada (in the case of a lieutenant governor) or the Minister of Justice (in the case of a judge). Application of section (3) This section, except paragraphs (1)(b) and (c), applies, with such modifications as the circumstances require, in respect of the office of Governor General of Canada. — 1990, c. 5, s. 3 Transitional: where Governor General ceased to hold office between January 1, 1989 and date this Act is assented to 3 (1) For greater certainty, where a person ceased to hold office as Governor General in the period beginning on January 1, 1989 and ending on the day preceding the day on which this Act is assented to, (a) that person shall be paid the retroactive salary increment resulting from sections 1 and 2 in respect of Current to June 20, 2022 Last amended on June 29, 2012 Governor General’s RELATED PROVISIONS the period beginning on January 1, 1989 and ending on the day on which the person ceased to hold office; and (b) any retroactive salary increment paid pursuant to paragraph (a) shall, for the purposes of subsection 6(1) of the Governor General’s Act, be deemed to have been received by that person during the person’s term of office. Where person deceased (2) Where the person to whom a retroactive salary increment or a retroactive annuity increment would be payable as a result of subsection (1) is deceased, that retroactive increment shall be paid as a death benefit to that person’s estate. Current to June 20, 2022 Last amended on June 29, 2012

CONSOLIDATION Gender Equality Week Act S.C. 2018, c. 14 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to establish Gender Equality Week Short Title 1 Short title Gender Equality Week 2 Gender Equality Week Current to June 20, 2022 ii S.C. 2018, c. 14 An Act to establish Gender Equality Week [Assented to 21st June 2018] Preamble Whereas the Parliament of Canada wishes to increase awareness of the significant and substantive contributions that Canadian women have made and continue to make to the growth, development, character and identity of Canada; Whereas equality and compassion for all individuals remain among Canada’s foremost aspirations and all Canadians share responsibility for addressing the social and economic challenges faced by women, which are fundamentally human issues; Whereas many of the particular experiences and challenges faced by Canadian women and enumerated in this preamble are also experienced by individuals of minority gender identity and expression; Whereas poverty and inequality disproportionately affect Canadian women, particularly elderly, disabled, transgender and visible minority women, leaving them isolated and vulnerable; Whereas Canadians confronting issues related to gender identity and sexual orientation, particularly transgender women in visible minority groups, may experience further isolation and vulnerability, as well as violence; Whereas the effects of poverty and vulnerability are exacerbated by limited access for women and their families to affordable housing, social support programs and child care services, as well as by gaps in Canada’s health care system that cause women to be disproportionately underserved; Whereas in Canada, women are more likely than men to be victims of gender-based violence, including sexual assault and intimate partner violence; Current to June 20, 2022 Gender Equality Week Act Whereas Indigenous women, be they First Nation, Métis or Inuit, are disproportionately affected by gender-based violence and sexual exploitation; Whereas Canadian women who are physically, verbally and emotionally abused often face challenges in pursuing effective legal recourse and access to social support programs; Whereas Canadian women face barriers in pursuing and completing post-secondary education and pursuing careers in the fields of science, technology, engineering and mathematics; Whereas there is a wage gap between men and women in Canada; Whereas Indigenous women face barriers with respect to equal access to education and employment, and representation in Canadian legislatures and councils; Whereas women who are newcomers to Canada experience obstacles hindering their full participation in Canadian society, including a lack of access to language and employment training and a refusal to recognize their prior work experience and educational qualifications; Whereas there has been a disproportionate rise in the number of female inmates, particularly Indigenous women, in Canada’s correctional institutions; Whereas Canadian women are underrepresented as participants and leaders in sports and physical activities, which affects their health and sense of social inclusion; Whereas women account for approximately half of the population, yet a lower proportion of Canadian politicians are women; Whereas Canadian women face challenges in being promoted to executive or board management positions, and those who do reach such positions are often paid less than men in similar positions; Whereas the Government of Canada is encouraged to continue to monitor the progress, across departments and agencies, of the status of women in Canada; Whereas the Parliament of Canada wishes to underscore the importance of celebrating and commemorating the notable achievements and advancements of Canadian women and addressing the challenges faced by Canadian women; Whereas Parliament wishes to encourage all levels of government, non-governmental organizations, the private sector, academia, educators and all Canadians to recognize the fourth week in September as Current to June 20, 2022 Gender Equality Week Act Short Title Sections 1-2 Gender Equality Week and to mark the week with events and initiatives to address the challenges Canadian women and individuals of minority gender identity and expression continue to face; And whereas all Canadians, in particular men and those who do not identify as women, are encouraged to become and remain engaged, during Gender Equality Week and throughout the year, in achieving greater inclusiveness and full gender equality in Canada; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Gender Equality Week Act. Gender Equality Week Gender Equality Week 2 Throughout Canada, in each and every year, the fourth week in September is to be known as “Gender Equality Week”. Current to June 20, 2022

CONSOLIDATION Tax-back Guarantee Act S.C. 2007, c. 29, s. 60 NOTE [Enacted by section 60 of chapter 29 of the Statutes of Canada, 2007, in force on assent June 22, 2007.] Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to dedicate to personal tax relief imputed interest savings resulting from reductions of federal debt Short title Direction to provide personal tax relief Meaning of federal debt Imputed interest savings Effective interest rate Public announcement Current to June 20, 2022 ii S.C. 2007, c. 29, s. 60 An Act to dedicate to personal tax relief imputed interest savings resulting from reductions of federal debt [Assented to 22nd June 2007] Short title 1 This Act may be cited as the Tax-back Guarantee Act. Direction to provide personal tax relief 2 The Government of Canada shall apply any imputed interest savings resulting from reductions of federal debt to measures that provide tax relief for individuals. Meaning of federal debt 3 In this Act, federal debt means the accumulated deficit as stated in the Public Accounts prepared in accordance with sections 63 and 64 of the Financial Administration Act in respect of a fiscal year. Imputed interest savings 4 The imputed interest savings in respect of a fiscal year of the Government of Canada is the amount determined by the Minister of Finance to be the product of multiplying the total amount by which federal debt was reduced in the year by the effective interest rate for the year. Effective interest rate 5 The effective interest rate for a fiscal year is the ratio of the amount of public debt charges related to unmatured debt (as stated in the Public Accounts for the year) to the average amount of unmatured debt for the year (determined by dividing by two the sum of the amount of unmatured debt at the beginning of the year and the amount of unmatured debt at the end of the year, as Current to June 20, 2022 Tax-back Guarantee Sections 5-6 those amounts are stated in the Public Accounts for the year). Public announcement 6 At least once every fiscal year, the Minister of Finance shall report, by way of a statement tabled in the House of Commons or other public announcement, (a) the finalized determination of the imputed interest savings in respect of the previous fiscal year; and (b) an accounting of the measures to which those savings have been applied in accordance with section 2. Current to June 20, 2022

CONSOLIDATION Trademarks Act R.S.C., 1985, c. T-13 Current to June 20, 2022 Last amended on June 28, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act relating to trademarks and unfair competition Short Title 1 Short title Interpretation 2 Definitions 2.1 Reference to person When deemed to be adopted When deemed to be used When deemed to be made known When mark or name confusing Unfair Competition and Prohibited Signs 7 Prohibitions Warranty of lawful use Prohibited marks Further prohibitions 10.1 Further prohibitions Further prohibitions 11.1 Further prohibitions Geographical Indications 11.11 Definitions 11.12 List 11.13 Statement of objection 11.14 Prohibited adoption of indication for wines 11.15 Prohibited adoption of indication for agricultural products or food 11.16 Exception when authorized 11.17 Continued use — wines or spirits 11.18 Exception for disuse 11.19 Exception for failure to take proceedings 11.2 Acquired rights — wines 11.21 Removal from the list Current to June 20, 2022 Last amended on June 20, 2022 ii Trademarks TABLE OF PROVISIONS 11.22 CETA indications 11.23 Canada — Korea indications 11.24 Powers of Governor in Council Registrable Trademarks 12 When trademark registrable Registration of confusing trademarks Persons Entitled to Registration of Trademarks 16 Entitlement to registration Validity and Effect of Registration 17 Effect of registration in relation to previous use, etc. When registration invalid 18.1 Not to limit art or industry Rights conferred by registration Infringement Concurrent use of confusing marks Depreciation of goodwill Certification Marks 23 Registration of certification marks Registration of trademark confusing with certification mark Descriptive certification mark Register of Trademarks 26 Register Register under Unfair Competition Act Available to public 29.1 Destruction of records Applications for Registration of Trademarks 30 Requirements for application Standard characters Further evidence in certain cases Filing date Current to June 20, 2022 Last amended on June 20, 2022 iv Trademarks TABLE OF PROVISIONS Date of application abroad deemed date of application in Canada Disclaimer Abandonment When applications to be refused Statement of opposition Divisional application Registration of Trademarks 40 Registration of trademarks Amendment of the Register 41 Amendments to register Additional representations Notice for information 44.1 Registrar may require amendment Registrar may request evidence of use Renewal of Registrations 46 Term 46.1 Renewal for goods or services Extensions of Time 47 Extensions of time 47.1 Proceeding under section 45 Transfer 48 Trademark transferable Change of Purpose in Use of Trademark 49 Change of purpose Licences 50 Licence to use trademark Use of trademark by related companies Offences and Punishment 51.01 Sale, etc., of goods Current to June 20, 2022 Last amended on June 20, 2022 v Trademarks TABLE OF PROVISIONS Importation and Exportation Interpretation 51.02 Definitions Prohibition 51.03 No importation or exportation Request for Assistance 51.04 Request for assistance Measures Relating to Detained Goods 51.05 Provision of information by customs officer 51.06 Provision of information to pursue remedy 51.07 Restriction on information use — section 51.05 51.08 Inspection 51.09 Liability for charges No Liability 51.1 No liability Powers of Court Relating to Detained Goods 51.11 Application to court 51.12 Damages against trademark owner Trademark Agents 51.13 Privileged communication Legal Proceedings 52 Definitions Proceedings for interim custody 53.1 Proceedings for detention by Minister 53.2 Power of court to grant relief 53.3 Unaltered state — exportation, sale or distribution Evidence Jurisdiction of Federal Court Appeal Exclusive jurisdiction of Federal Court How proceedings instituted Notice to set out grounds Current to June 20, 2022 Last amended on June 20, 2022 v Trademarks TABLE OF PROVISIONS Registrar to transmit documents Judgments General 62 Administration Registrar Electronic form and means Regulations 65.1 Regulations — Madrid Protocol and Singapore Treaty 65.2 Regulations Time period extended Newfoundland 67 Registration of trademark before April 1, 1949 Use of trademark or trade name before April 1, 1949 Transitional Provisions 68.1 Use of the indication “Beaufort” 68.2 Non-application of paragraph 38(2)(a.1) 69.1 Application not advertised Application advertised Declaration of use Registered trademarks — applications filed before coming into force Registered trademarks SCHEDULE SCHEDULE 6 Current to June 20, 2022 Last amended on June 20, 2022 vi R.S.C., 1985, c. T-13 An Act relating to trademarks and unfair competition Short Title Short title 1 This Act may be cited as the Trademarks Act. R.S., 1985, c. T-13, s. 1; 2014, c. 20, s. 318(E). Interpretation Definitions 2 In this Act, certification mark means a sign or combination of signs that is used or proposed to be used for the purpose of distinguishing or so as to distinguish goods or services that are of a defined standard from those that are not of that defined standard, with respect to (a) the character or quality of the goods or services, (b) the working conditions under which the goods are produced or the services performed, (c) the class of persons by whom the goods are produced or the services performed, or (d) the area within which the goods are produced or the services performed; (marque de certification) confusing, when applied as an adjective to a trademark or trade name, means, except in sections 11.13 and 11.21, a trademark or trade name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion) Convention means the Convention of the Union of Paris made on March 20, 1883 and any amendments and revisions thereof made before or after July 1, 1954 to which Canada is party; (Convention) country of origin means Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Section 2 (a) the country of the Union in which the applicant for registration of a trademark had at the date of the application a real and effective industrial or commercial establishment, or (b) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a), the country of the Union where he on that date had his domicile, or (c) if the applicant for registration of a trademark did not at the date of the application have in a country of the Union an establishment as described in paragraph (a) or a domicile as described in paragraph (b), the country of the Union of which he was on that date a citizen or national; (pays d’origine) country of the Union means (a) any country that is a member of the Union for the Protection of Industrial Property constituted under the Convention, or (b) any WTO Member; (pays de l’Union) distinctive, in relation to a trademark, describes a trademark that actually distinguishes the goods or services in association with which it is used by its owner from the goods or services of others or that is adapted so to distinguish them; (distinctive) distinguishing guise [Repealed, 2014, c. 20, s. 319] geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique) Nice Classification means the classification established by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks, signed at Nice on June 15, 1957, including any amendments, modifications and revisions made from time to time to which Canada is a party; (classification de Nice) owner, in relation to a certification mark, means the person by whom the defined standard has been established; (propriétaire) package [Repealed, 2014, c. 32, s. 7] Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Section 2 person includes any lawful trade union and any lawful association engaged in trade or business or the promotion thereof, and the administrative authority of any country, state, province, municipality or other organized administrative area; (personne) person interested includes any person who is affected or reasonably apprehends that he may be affected by any entry in the register, or by any act or omission or contemplated act or omission under or contrary to this Act, and includes the Attorney General of Canada; (personne intéressée) prescribed means prescribed by or under the regulations; (prescrit) proposed trade-mark [Repealed, 2014, c. 20, s. 319] protected geographical indication means a geographical indication that is on the list kept pursuant to subsection 11.12(1); (indication géographique protégée) register means the register kept under section 26; (registre) registered trademark means a trademark that is on the register; (marque de commerce déposée) registered user [Repealed, 1993, c. 15, s. 57] Registrar means the Registrar of Trademarks who is described in subsection 63(1); (registraire) related companies means companies that are members of a group of two or more companies one of which, directly or indirectly, owns or controls a majority of the issued voting stock of the others; (compagnies connexes) release has the same meaning as in subsection 2(1) of the Customs Act; (dédouanement) representative for service [Repealed, 2014, c. 20, s. 319] sign includes a word, a personal name, a design, a letter, a numeral, a colour, a figurative element, a three-dimensional shape, a hologram, a moving image, a mode of packaging goods, a sound, a scent, a taste, a texture and the positioning of a sign; (signe) trademark means (a) a sign or combination of signs that is used or proposed to be used by a person for the purpose of distinguishing or so as to distinguish their goods or services from those of others, or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Sections 2-4 (b) a certification mark; (marque de commerce) trade name means the name under which any business is carried on, whether or not it is the name of a corporation, a partnership or an individual; (nom commercial) use, in relation to a trademark, means any use that by section 4 is deemed to be a use in association with goods or services; (emploi ou usage) wares [Repealed, 2014, c. 32, s. 7] WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act; (Accord sur l’OMC) WTO Member means a Member of the World Trade Organization established by Article I of the WTO Agreement. (membre de l’OMC) R.S., 1985, c. T-13, s. 2; 1993, c. 15, s. 57; 1994, c. 47, s. 190; 2014, c. 20, ss. 319, 361(E), 362(E), 367, 369, c. 32, ss. 7, 53; 2017, c. 6, s. 60. Reference to person 2.1 Unless the context requires otherwise, a reference to person in this Act, in relation to a trademark, includes two or more persons who, by agreement, do not have the right to use the trademark in Canada except on behalf of both or all of them. 2014, c. 20, s. 320. When deemed to be adopted 3 A trademark is deemed to have been adopted by a person when that person or his predecessor in title commenced to use it in Canada or to make it known in Canada or, if that person or his predecessor had not previously so used it or made it known, when that person or his predecessor filed an application for its registration in Canada. R.S., 1985, c. T-13, s. 3; 2014, c. 20, s. 361(E). When deemed to be used 4 (1) A trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Sections 4-6 is then given to the person to whom the property or possession is transferred. Idem (2) A trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services. Use by export (3) A trademark that is marked in Canada on goods or on the packages in which they are contained is, when the goods are exported from Canada, deemed to be used in Canada in association with those goods. R.S., 1985, c. T-13, s. 4; 2014, c. 20, s. 361(E), c. 32, ss. 53, 54(F). When deemed to be made known 5 A trademark is deemed to be made known in Canada by a person only if it is used by that person in a country of the Union, other than Canada, in association with goods or services, and (a) the goods are distributed in association with it in Canada, or (b) the goods or services are advertised in association with it in (i) any printed publication circulated in Canada in the ordinary course of commerce among potential dealers in or users of the goods or services, or (ii) radio broadcasts ordinarily received in Canada by potential dealers in or users of the goods or services, and it has become well known in Canada by reason of the distribution or advertising. R.S., 1985, c. T-13, s. 5; 2014, c. 20, s. 361(E), c. 32, s. 53. When mark or name confusing 6 (1) For the purposes of this Act, a trademark or trade name is confusing with another trademark or trade name if the use of the first mentioned trademark or trade name would cause confusion with the last mentioned trademark or trade name in the manner and circumstances described in this section. Confusion — trademark with other trademark (2) The use of a trademark causes confusion with another trademark if the use of both trademarks in the same Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Section 6 area would be likely to lead to the inference that the goods or services associated with those trademarks are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. Confusion — trademark with trade name (3) The use of a trademark causes confusion with a trade name if the use of both the trademark and trade name in the same area would be likely to lead to the inference that the goods or services associated with the trademark and those associated with the business carried on under the trade name are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. Confusion — trade name with trademark (4) The use of a trade name causes confusion with a trademark if the use of both the trade name and trademark in the same area would be likely to lead to the inference that the goods or services associated with the business carried on under the trade name and those associated with the trademark are manufactured, sold, leased, hired or performed by the same person, whether or not the goods or services are of the same general class or appear in the same class of the Nice Classification. What to be considered (5) In determining whether trademarks or trade names are confusing, the court or the Registrar, as the case may be, shall have regard to all the surrounding circumstances including (a) the inherent distinctiveness of the trademarks or trade names and the extent to which they have become known; (b) the length of time the trademarks or trade names have been in use; (c) the nature of the goods, services or business; (d) the nature of the trade; and Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Interpretation Sections 6-8 (e) the degree of resemblance between the trademarks or trade names, including in appearance or sound or in the ideas suggested by them. R.S., 1985, c. T-13, s. 6; 2014, c. 20, ss. 321, 361(E), 362(E), c. 32, s. 53. Unfair Competition and Prohibited Signs Prohibitions 7 No person shall (a) make a false or misleading statement tending to discredit the business, goods or services of a competitor; (b) direct public attention to his goods, services or business in such a way as to cause or be likely to cause confusion in Canada, at the time he commenced so to direct attention to them, between his goods, services or business and the goods, services or business of another; (c) pass off other goods or services as and for those ordered or requested; or (d) make use, in association with goods or services, of any description that is false in a material respect and likely to mislead the public as to (i) the character, quality, quantity or composition, (ii) the geographical origin, or (iii) the mode of the manufacture, production or performance of the goods or services. (e) [Repealed, 2014, c. 32, s. 10] R.S., 1985, c. T-13, s. 7; 2014, c. 32, ss. 10, 53, 56(F). Warranty of lawful use 8 Every person who in the course of trade transfers the property in or the possession of any goods bearing, or in packages bearing, any trademark or trade name shall, unless before the transfer he otherwise expressly states in writing, be deemed to warrant, to the person to whom the property or possession is transferred, that the trademark or trade name has been and may be lawfully used in connection with the goods. R.S., 1985, c. T-13, s. 8; 2014, c. 20, ss. 361(E), 362(E), c. 32, ss. 53, 54(F). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Unfair Competition and Prohibited Signs Section 9 Prohibited marks 9 (1) No person shall adopt in connection with a business, as a trademark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for, (a) the Royal Arms, Crest or Standard; (b) the arms or crest of any member of the Royal Family; (c) the standard, arms or crest of His Excellency the Governor General; (d) any word or symbol likely to lead to the belief that the goods or services in association with which it is used have received, or are produced, sold or performed under, royal, vice-regal or governmental patronage, approval or authority; (e) the arms, crest or flag adopted and used at any time by Canada or by any province or municipal corporation in Canada in respect of which the Registrar has, at the request of the Government of Canada or of the province or municipal corporation concerned, given public notice of its adoption and use; (f) the emblem of the Red Cross on a white ground, formed by reversing the federal colours of Switzerland and retained by the Geneva Convention for the Protection of War Victims of 1949 as the emblem and distinctive sign of the Medical Service of armed forces and used by the Canadian Red Cross Society, or the expression “Red Cross” or “Geneva Cross”; (g) the emblem of the Red Crescent on a white ground adopted for the same purpose as specified in paragraph (f); (g.1) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, adopted for the same purpose as specified in paragraph (f); (h) the equivalent sign of the Red Lion and Sun used by Iran for the same purpose as specified in paragraph (f); (h.1) the international distinctive sign of civil defence (equilateral blue triangle on an orange ground) referred to in Article 66, paragraph 4 of Schedule V to the Geneva Conventions Act; (i) any territorial or civic flag or any national, territorial or civic arms, crest or emblem, of a country of the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Unfair Competition and Prohibited Signs Section 9 Union, if the flag, arms, crest or emblem is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication; (i.1) any official sign or hallmark indicating control or warranty adopted by a country of the Union, if the sign or hallmark is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication; (i.2) any national flag of a country of the Union; (i.3) any armorial bearing, flag or other emblem, or the name or any abbreviation of the name, of an international intergovernmental organization, if the armorial bearing, flag, emblem, name or abbreviation is on a list communicated under article 6ter of the Convention or pursuant to the obligations under the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement stemming from that article, and the Registrar gives public notice of the communication; (j) any scandalous, obscene or immoral word or device; (k) any matter that may falsely suggest a connection with any living individual; (l) the portrait or signature of any individual who is living or has died within the preceding thirty years; (m) the words “United Nations” or the official seal or emblem of the United Nations; (n) any badge, crest, emblem or mark (i) adopted or used by any of Her Majesty’s Forces as defined in the National Defence Act, (ii) of any university, or (iii) adopted and used by any public authority, in Canada as an official mark for goods or services, in respect of which the Registrar has, at the request of Her Majesty or of the university or public authority, as the case may be, given public notice of its adoption and use; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Unfair Competition and Prohibited Signs Sections 9-10 (n.1) any armorial bearings granted, recorded or approved for use by a recipient pursuant to the prerogative powers of Her Majesty as exercised by the Governor General in respect of the granting of armorial bearings, if the Registrar has, at the request of the Governor General, given public notice of the grant, recording or approval; or (o) the name “Royal Canadian Mounted Police” or “R.C.M.P.” or any other combination of letters relating to the Royal Canadian Mounted Police, or any pictorial representation of a uniformed member thereof. Excepted uses (2) Nothing in this section prevents the adoption, use or registration as a trademark or otherwise, in connection with a business, of any mark (a) described in subsection (1) with the consent of Her Majesty or such other person, society, authority or organization as may be considered to have been intended to be protected by this section; or (b) consisting of, or so nearly resembling as to be likely to be mistaken for (i) an official sign or hallmark mentioned in paragraph (1)(i.1), except in respect of goods that are the same or similar to the goods in respect of which the official sign or hallmark has been adopted, or (ii) an armorial bearing, flag, emblem, name or abbreviation mentioned in paragraph (1)(i.3), unless the use of the mark is likely to mislead the public as to a connection between the user and the organization. R.S., 1985, c. T-13, s. 9; 1990, c. 14, s. 8; 1993, c. 15, s. 58; 1994, c. 47, s. 191; 1999, c. 31, s. 209(F); 2007, c. 26, s. 6; 2014, c. 20, ss. 323, 361(E), c. 32, ss. 11, 53, 56(F). Further prohibitions 10 If any sign or combination of signs has by ordinary and bona fide commercial usage become recognized in Canada as designating the kind, quality, quantity, destination, value, place of origin or date of production of any goods or services, no person shall adopt it as a trademark Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Unfair Competition and Prohibited Signs Sections 10-11.11 in association with the goods or services or others of the same general class or use it in a way likely to mislead, nor shall any person so adopt or so use any sign or combination of signs so nearly resembling that sign or combination as to be likely to be mistaken for it. R.S., 1985, c. T-13, s. 10; 2014, c. 20, s. 324, c. 32, s. 53. Further prohibitions 10.1 Where a denomination must, under the Plant Breeders’ Rights Act, be used to designate a plant variety, no person shall adopt it as a trademark in association with the plant variety or another plant variety of the same species or use it in a way likely to mislead, nor shall any person so adopt or so use any mark so nearly resembling that denomination as to be likely to be mistaken therefor. 1990, c. 20, s. 79; 2014, c. 20, s. 361(E). Further prohibitions 11 No person shall use in connection with a business, as a trademark or otherwise, any sign or combination of signs adopted contrary to section 9 or 10. R.S., 1985, c. T-13, s. 11; 2014, c. 20, s. 325. Further prohibitions 11.1 No person shall use in connection with a business, as a trademark or otherwise, any denomination adopted contrary to section 10.1. 1990, c. 20, s. 80; 2014, c. 20, s. 361(E), c. 32, s. 56(F). Geographical Indications Definitions 11.11 (1) The following definitions apply in this section and in sections 11.12 to 11.24. Minister means the Minister designated under subsection (2). (ministre) responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. (autorité compétente) Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.11-11.12 Designation of Minister (2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24. When indication confusing with trademark (3) For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trademark if the use of both the indication and the trademark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trademark. What to be considered (4) For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trademark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known; (b) the degree of resemblance between the indication and the trademark, including in appearance or sound or in the ideas suggested by them; and (c) with respect to the trademark, (i) its inherent distinctiveness and the extent to which it has become known, (ii) the length of time that it has been in use, and (iii) the nature of the goods, services or business that is associated with it. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E); 2017, c. 6, s. 61. List 11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an agricultural product or food, translations of those indications. Statement of Minister — indication (2) If a statement by the Minister in respect of an indication is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3), the Registrar shall enter the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.12 indication, and any translation of the indication set out in the statement, on the list if (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of a statement of objection has expired; or (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal. Statement of Minister — translation (2.1) If a statement by the Minister is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3.1) in respect of a translation of an indication on the list that identifies an agricultural product or food, the Registrar shall enter the translation on the list if (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired; or (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal. Information — indication (3) For the purposes of subsection (2), the statement by the Minister must set out all of the following information: (a) that the Minister proposes that the indication and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food, be entered on the list; (b) in the case of an indication that identifies a wine or spirit, that the indication identifies a wine or that the indication identifies a spirit; (b.1) in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.12 (c) the territory, or the region or locality of a territory, in which the wine or spirit or the agricultural product or food is identified as originating; (d) the name of the responsible authority in relation to the wine or spirit or the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself; (e) the quality, reputation or other characteristic of the wine or spirit or the agricultural product or food that, in the Minister’s opinion, qualifies that indication as a geographical indication; (f) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection. Information — translation (3.1) For the purposes of subsection (2.1), the statement by the Minister must set out all of the following information: (a) that the Minister proposes that the translation be entered on the list; (b) the indication on the list that corresponds to the translation; (c) the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs; (d) the name of the responsible authority in relation to the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself. Removal from list (4) The Registrar shall remove an indication or any translation of an indication from the list (a) on the publication of a statement by the Minister on the website of the Canadian Intellectual Property Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.12-11.13 Office specifying that the indication or the translation is to be removed; or (b) if the Federal Court makes an order under subsection 11.21(1) for the removal of the indication or the translation. Obvious error (5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office. Evidence of entry (6) A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it. Evidence of statement (7) Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar. Certified copies (8) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister. 1994, c. 47, s. 192; 2017, c. 6, s. 61. Statement of objection 11.13 (1) Within two months after the publication of a statement referred to in subsection 11.12(2) or (2.1), any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection. Grounds — indication (2) A statement of objection with respect to an indication may be based on any of the following grounds: (a) that, when the statement by the Minister is published, the indication is not a geographical indication; (b) that, when the statement by the Minister is published, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.13 (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister is published, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating; (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with (i) a registered trademark, (ii) a trademark that was previously used in Canada and that has not been abandoned, or (iii) a trademark in respect of which an application for registration was previously filed in Canada and remains pending. Grounds — translation (2.1) A statement of objection with respect to a translation may be based on any of the following grounds: (a) that, when the statement by the Minister is published, the translation is not a faithful translation of the indication; (b) that, when the statement by the Minister is published, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food; (c) that, when the statement by the Minister is published, the translation is confusing with (i) a registered trademark, (ii) a trademark that was previously used in Canada and that has not been abandoned, or (iii) a trademark in respect of which an application for registration was previously filed in Canada and remains pending. Content (3) A statement of objection shall set out (a) each ground of objection in sufficient detail to enable the responsible authority to reply to it; and (b) the address of the objector’s principal office or place of business in Canada, if any, and if the objector has no office or place of business in Canada, the address of the principal office or place of business Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.13 abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the objection may be made with the same effect as if it had been served on the objector. Frivolous objection (3.1) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request or on his or her own initiative, reject the statement of objection if the Registrar considers that the statement does not raise a substantial issue for decision and shall give notice of his or her decision to the objector and to the responsible authority. Power to strike (3.2) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request, strike all or part of the statement of objection if the statement or part of it (a) is not based on any of the grounds set out in subsection (2) or (2.1); or (b) does not set out a ground of objection in sufficient detail to enable the responsible authority to reply to it. Counter statement (4) Within two months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication or the translation shall not be entered on the list kept under subsection 11.12(1). The counter statement need only state that the responsible authority intends to respond to the objection. Evidence and hearing (5) Both the objector and the responsible authority shall be given an opportunity, in the prescribed manner and within the prescribed time, to submit evidence and to make representations to the Registrar unless (a) the responsible authority does not file and serve a counter statement in accordance with subsection (4) or if, in the prescribed circumstances, the responsible authority does not submit evidence or a statement that the responsible authority does not wish to submit evidence; or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.13-11.14 (b) the objection is withdrawn or deemed under subsection (6) to have been withdrawn. Service (5.1) The objector and the responsible authority shall, in the prescribed manner and within the prescribed time, serve on each other any evidence and written representations that they submit to the Registrar. No evidence — objector (6) The objection is deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit and serve evidence or a statement that the objector does not wish to submit evidence. No evidence — responsible authority (6.1) The indication or the translation shall not be entered on the list if, in the prescribed circumstances, the responsible authority does not submit and serve evidence or a statement that the responsible authority does not wish to submit evidence. Decision (7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall accept or reject the objection, in whole or in part, and notify the parties of the decision and the reasons for it. Effect of decision on translations (8) The Registrar shall not enter any translation of an indication on the list if the Registrar accepts the objection with respect to the indication or, if an appeal is taken, the objection is accepted in the final judgment given in the appeal. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E); 2017, c. 6, s. 62. Prohibited adoption of indication for wines 11.14 (1) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication; or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited use (2) No person shall use in connection with a business, as a trademark or otherwise, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.14 (a) a protected geographical indication identifying a wine in respect of a wine not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited use (3) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a wine in respect of a wine that originates in the territory indicated by the protected geographical indication if that wine was not produced or manufactured in accordance with the law applicable to that territory; or (b) a translation in any language of the geographical indication in respect of that wine. Prohibited adoption of indication for spirits (4) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication; or (b) a translation in any language of the geographical indication in respect of that spirit. Prohibited use (5) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (4); or (b) a translation in any language of the geographical indication in respect of that spirit. Prohibited use (6) No person shall use in connection with a business, as a trademark or otherwise, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.14-11.15 (a) a protected geographical indication identifying a spirit in respect of a spirit that originates in the territory indicated by the protected geographical indication if that spirit was not produced or manufactured in accordance with the law applicable to that territory; or (b) a translation in any language of the geographical indication in respect of that spirit. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 63. Prohibited adoption of indication for agricultural products or food 11.15 (1) No person shall adopt in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication; or (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. Prohibited use (2) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. Prohibited use (3) No person shall use in connection with a business, as a trademark or otherwise, (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that originates in the territory indicated by the protected geographical indication if that agricultural product or food was not produced or manufactured in accordance with the law applicable to that territory; or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.15-11.17 (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 64. Exception when authorized 11.16 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, with the consent of the responsible authority. Exception for personal names (2) Sections 11.14 and 11.15 do not prevent a person from using, in the course of trade, the person’s name or the name of the person’s predecessor in title, except where the name is used in such a manner as to mislead the public. Exception for comparative advertising (3) Sections 11.14 and 11.15 do not prevent a person from using a protected geographical indication, or any translation of it in any language, in comparative advertising. Exception not applicable to labels or packaging (4) Subsection (3) does not apply to comparative advertising on labels or packaging. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 64. Continued use — wines or spirits 11.17 (1) Section 11.14 does not apply to the continued and similar use of a protected geographical indication identifying a wine or spirit, or any translation of it in any language, by a Canadian who has used it in a continuous manner in relation to any business or commercial activity in respect of goods or services (a) in good faith before April 15, 1994; or (b) for at least 10 years before that date. Definition of Canadian (2) For the purposes of subsection (1), Canadian means (a) a Canadian citizen; (b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.17 who has been ordinarily resident in Canada for not more than one year after the day on which they first became eligible to apply for Canadian citizenship; and (c) an entity that carries on business in Canada. Use — certain cheeses (3) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, before October 18, 2013. Use with qualifying term (4) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, if (a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in connection with the indication or the translation; and (b) the geographical origin of the cheese is clearly displayed on the cheese or on the packaging in which it is distributed, or is in any other manner associated with the cheese so that notice of the cheese’s origin is given to the person to whom the cheese is transferred. Use of the indication “Beaufort” (5) Section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if (a) the person or their predecessor in title used the indication or the translation for at least 10 years before October 18, 2013 in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule; or (b) the person uses the indication or the translation in relation to any business or commercial activity in respect of a cheese product that was produced in the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.17-11.18 proximity of the Beaufort Range on Vancouver Island in British Columbia. Use of the indication “Nürnberger Bratwürste” (6) Section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for at least five years before October 18, 2013. Use of the indication “Jambon de Bayonne” (7) Section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for at least 10 years before October 18, 2013. Restriction (8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both. 1994, c. 47, s. 192; 2001, c. 27, s. 271; 2014, c. 32, ss. 53(F), 56(F); 2017, c. 6, s. 64. Exception for disuse 11.18 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, if the indication has ceased to be protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, or has fallen into disuse in that territory. Exceptions for customary names (2) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a protected geographical indication that is identical to Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.18 (a) a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food; (b) a customary name of a grape variety existing in Canada on or before the day on which the WTO Agreement comes into force; or (c) a customary name of a plant variety or an animal breed existing in Canada on or before the day on which the indication is entered on the list kept under subsection 11.12(1). Exception for translation — customary term (2.1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of a translation of a protected geographical indication that is identical to a term customary in common language in Canada as the common name for a wine or spirit or an agricultural product or food. Exception for common names for wines (3) Subsections 11.14(1) to (3) and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of the following indications in respect of wines: Exception for common names for spirits (4) Subsections 11.14(4) to (6) and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of the following indications in respect of spirits: (a) [Repealed, SOR/2004-85] (b) Marc; (c) [Repealed, SOR/2004-85] (d) Sambuca; (e) Geneva Gin; (f) Genièvre; (g) Hollands Gin; (h) London Gin; (i) Schnapps; (j) Malt Whiskey; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.18 (k) Eau-de-vie; (l) Bitters; (m) Anisette; (n) Curacao; and (o) Curaçao. Exception for common names for agricultural products or food (4.1) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of the following indications in respect of an agricultural product or food: (a) Valencia Orange; (b) Orange Valencia; (c) Valencia; (d) Black Forest Ham; (e) Jambon Forêt Noire; (f) Tiroler Bacon; (g) Bacon Tiroler; (h) Parmesan; (i) St. George Cheese; (j) Fromage St-George; and (k) Fromage St-Georges. Spelling variations (4.2) For purposes of subsection (4.1), the indications set out in paragraphs (f) and (g) include spelling variations of those indications in English and French. Exception — “county” (4.3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trademark or otherwise, in connection with a business, of the term “county”, or any translation of it in any language, in association with an agricultural product or food if that term is used to refer to the name of a territorial division or an administrative division of a territory. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.18-11.2 Powers of Governor in Council (5) The Governor in Council may, by order, amend any of subsections (3) to (4.1) by adding or deleting an indication in respect of a wine or spirit or an agricultural product or food, as the case may be. 1994, c. 47, s. 192; SOR/2004-85; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 65. Exception for failure to take proceedings 11.19 (1) Sections 11.14 and 11.15 do not apply to the adoption or use of a trademark by a person if no proceedings are taken to enforce those sections in respect of that person’s use or adoption of the trademark within five years after use of the trademark by that person or that person’s predecessor-in-title has become generally known in Canada or the trademark has been registered by that person in Canada, unless it is established that that person or that person’s predecessor-in-title first used or adopted the trademark with knowledge that such use or adoption was contrary to section 11.14 or 11.15, as the case may be. Proceedings after five years (2) In proceedings respecting a registered trademark commenced after the expiry of five years from the earlier of the date of registration of the trademark in Canada and the date on which use of the trademark by the person who filed the application for registration of the trademark or that person’s predecessor in title has become generally known in Canada, the registration must not be expunged or amended or held invalid on the basis of any of paragraphs 12(1)(g) to (h.1) unless it is established that the person who filed the application for registration of the trademark did so with knowledge that the trademark was in whole or in part a protected geographical indication. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 14(F); 2017, c. 6, s. 66. Acquired rights — wines 11.2 (1) Section 11.14 and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trademark in association with a wine of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a wine; or (b) acquired rights through use to the trademark in respect of a wine. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.2-11.21 Acquired rights — spirits (2) Section 11.14 and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trademark in association with a spirit of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with a spirit; or (b) acquired rights through use to the trademark in respect of a spirit. Acquired rights — agricultural products and food (3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trademark in association with an agricultural product or food of a category set out in the schedule of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1) in respect of the indication or translation, (a) filed an application in accordance with section 30 for, or secured the registration of, the trademark in association with an agricultural product or food belonging to the same category; or (b) acquired rights through use to the trademark in respect of an agricultural product or food belonging to the same category. 1994, c. 47, s. 192; 2014, c. 20, s. 361(E), c. 32, s. 56(F); 2017, c. 6, s. 67. Removal from the list 11.21 (1) On the application of any person interested, the Federal Court has exclusive jurisdiction to order the Registrar to remove an indication or a translation from the list of geographical indications kept under subsection 11.12(1) on any of the grounds set out in subsection (2) or (3), as the case may be. Grounds — indication (2) The grounds for the removal of an indication are Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Section 11.21 (a) that, on the day on which the application is made, the indication is not a geographical indication; (b) that, on the day on which the application is made, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food; (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister in respect of the indication is published or on the day on which the application is made, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating; (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with (i) a registered trademark, or (ii) a trademark that was previously used in Canada and that has not been abandoned; or (e) in the case of an indication identifying an agricultural product or food, that (i) when the statement by the Minister is published, the indication is confusing with a trademark in respect of which an application for registration was previously filed in Canada, and (ii) on the day on which the application is made, that application for registration remains pending or the trademark is registered. Grounds — translation (3) The grounds for the removal of a translation are (a) that, on the day on which the application is made, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food; (b) that, when the statement by the Minister in respect of the translation is published, the translation is confusing with (i) a registered trademark, or (ii) a trademark that was previously used in Canada and that has not been abandoned; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.21-11.23 (c) that (i) when the statement by the Minister in respect of the translation is published, the translation is confusing with a trademark in respect of which an application for registration was previously filed in Canada, and (ii) on the day on which the application is made, that application for registration remains pending or the trademark is registered; or (d) that, when the statement by the Minister in respect of the translation is published, the translation is not a faithful translation of the indication. How application is made (4) An application shall be made by the filing of an originating notice of motion, by counter-claim in an action for an act contrary to section 11.14 or 11.15, or by statement of claim in an action claiming additional relief under this Act. Summary proceedings (5) The proceedings on an application shall be heard and determined summarily on evidence adduced by affidavit unless the Federal Court directs otherwise. Effect of order on translation (6) If the Federal Court orders the removal of an indication identifying an agricultural product or food from the list, the Registrar shall remove any translation of that indication from the list. 2017, c. 6, s. 67; 2014, c. 20, s. 361(E). CETA indications 11.22 Paragraph 11.18(2)(a) and section 11.21 do not apply with respect to a protected geographical indication that is listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016. 2017, c. 6, s. 67. Canada — Korea indications 11.23 Paragraphs 11.18(2)(a) and (c) and section 11.21 do not apply with respect to an indication that is a protected geographical indication and that is included in the following list: (a) GoryeoHongsam; (b) GoryeoBaeksam; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Geographical Indications Sections 11.23-12 (c) GoryeoSusam; (d) IcheonSsal; (e) ginseng rouge de Corée; (f) ginseng blanc de Corée; (g) ginseng frais de Corée; (h) riz Icheon; (i) Korean Red Ginseng; (j) Korean White Ginseng; (k) Korean Fresh Ginseng; (l) Icheon Rice. 2017, c. 6, s. 67. Powers of Governor in Council 11.24 The Governor in Council may, by order, amend the schedule by adding or deleting a category of agricultural product or food. 2017, c. 6, s. 67. Registrable Trademarks When trademark registrable 12 (1) Subject to subsection (2), a trademark is registrable if it is not (a) a word that is primarily merely the name or the surname of an individual who is living or has died within the preceding thirty years; (b) whether depicted, written or sounded, either clearly descriptive or deceptively misdescriptive in the English or French language of the character or quality of the goods or services in association with which it is used or proposed to be used or of the conditions of or the persons employed in their production or of their place of origin; (c) the name in any language of any of the goods or services in connection with which it is used or proposed to be used; (d) confusing with a registered trademark; (e) a sign or combination of signs whose adoption is prohibited by section 9 or 10; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Registrable Trademarks Sections 12-14 (f) a denomination the adoption of which is prohibited by section 10.1; (g) in whole or in part a protected geographical indication identifying a wine, where the trademark is to be registered in association with a wine not originating in a territory indicated by the geographical indication; (h) in whole or in part a protected geographical indication identifying a spirit, where the trademark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication; (h.1) in whole or in part a protected geographical indication, and the trademark is to be registered in association with an agricultural product or food — belonging to the same category, as set out in the schedule, as the agricultural product or food identified by the protected geographical indication — not originating in a territory indicated by the geographical indication; and (i) subject to subsection 3(3) and paragraph 3(4)(a) of the Olympic and Paralympic Marks Act, a mark the adoption of which is prohibited by subsection 3(1) of that Act. Utilitarian function (2) A trademark is not registrable if, in relation to the goods or services in association with which it is used or proposed to be used, its features are dictated primarily by a utilitarian function. Registrable if distinctive (3) A trademark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it is distinctive at the filing date of an application for its registration, determined without taking into account subsection 34(1), having regard to all the circumstances of the case including the length of time during which it has been used. R.S., 1985, c. T-13, s. 12; 1990, c. 20, s. 81; 1993, c. 15, s. 59(F); 1994, c. 47, s. 193; 2007, c. 25, s. 14; 2014, c. 20, ss. 326, 361(E), c. 32, ss. 15(F), 53; 2017, c. 6, s. 68; 2018, c. 27, s. 231. 13 [Repealed, 2014, c. 20, s. 327] 14 [Repealed, 2014, c. 20, s. 328] Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Registrable Trademarks Sections 15-16 Registration of confusing trademarks 15 Despite section 12, confusing trademarks are registrable if the applicant is the owner of all of the confusing trademarks. R.S., 1985, c. T-13, s. 15; 2014, c. 20, s. 328. Persons Entitled to Registration of Trademarks Entitlement to registration 16 (1) Any applicant who has filed an application in accordance with subsection 30(2) for the registration of a registrable trademark is entitled, subject to section 38, to secure its registration in respect of the goods or services specified in the application, unless at the filing date of the application or the date of first use of the trademark in Canada, whichever is earlier, it was confusing with (a) a trademark that had been previously used in Canada or made known in Canada by any other person; (b) a trademark in respect of which an application for registration had been previously filed in Canada by any other person; or (c) a trade name that had been previously used in Canada by any other person. Pending application (2) The right of an applicant to secure registration of a registrable trademark is not affected by the previous filing of an application for registration of a confusing trademark by another person, unless the application for registration of the confusing trademark was pending on the day on which the applicant’s application is advertised under subsection 37(1). Previous use or making known (3) The right of an applicant to secure registration of a registrable trademark is not affected by the previous use or making known of a confusing trademark or trade name by another person, if the confusing trademark or trade name was abandoned on the day on which the applicant’s application is advertised under subsection 37(1). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Persons Entitled to Registration of Trademarks Sections 16-18 (4) [Repealed, 2014, c. 20, s. 330] (5) [Repealed, 2014, c. 20, s. 330] R.S., 1985, c. T-13, s. 16; 1994, c. 47, s. 195; 2014, c. 20, ss. 330, 361(E), 362(E), c. 32, s. 53. Validity and Effect of Registration Effect of registration in relation to previous use, etc. 17 (1) No application for registration of a trademark that has been advertised in accordance with section 37 shall be refused and no registration of a trademark shall be expunged or amended or held invalid on the ground of any previous use or making known of a confusing trademark or trade name by a person other than the applicant for that registration or his predecessor in title, except at the instance of that other person or his successor in title, and the burden lies on that other person or his successor to establish that he had not abandoned the confusing trademark or trade name at the date of advertisement of the applicant’s application. When registration incontestable (2) In proceedings commenced after the expiration of five years from the date of registration of a trademark or from July 1, 1954, whichever is the later, no registration shall be expunged or amended or held invalid on the ground of the previous use or making known referred to in subsection (1), unless it is established that the person who adopted the registered trademark in Canada did so with knowledge of that previous use or making known. R.S., 1985, c. T-13, s. 17; 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 56(F). When registration invalid 18 (1) The registration of a trademark is invalid if (a) the trademark was not registrable at the date of registration; (b) the trademark is not distinctive at the time proceedings bringing the validity of the registration into question are commenced; (c) the trademark has been abandoned; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Validity and Effect of Registration Sections 18-20 (d) subject to section 17, the applicant for registration was not the person entitled to secure the registration; or (e) the application for registration was filed in bad faith. Exception (2) No registration of a trademark that had been so used in Canada by the registrant or his predecessor in title as to have become distinctive at the date of registration shall be held invalid merely on the ground that evidence of the distinctiveness was not submitted to the competent authority or tribunal before the grant of the registration. R.S., 1985, c. T-13, s. 18; 2014, c. 20, s. 361(E), c. 32, s. 19; 2018, c. 27, s. 218. Not to limit art or industry 18.1 The registration of a trademark may be expunged by the Federal Court on the application of any person interested if the Court decides that the registration is likely to unreasonably limit the development of any art or industry. 2014, c. 20, s. 331. Rights conferred by registration 19 Subject to sections 21, 32 and 67, the registration of a trademark in respect of any goods or services, unless shown to be invalid, gives to the owner of the trademark the exclusive right to the use throughout Canada of the trademark in respect of those goods or services. R.S., 1985, c. T-13, s. 19; 1993, c. 15, s. 60; 2014, c. 20, s. 361(E), c. 32, s. 53. Infringement 20 (1) The right of the owner of a registered trademark to its exclusive use is deemed to be infringed by any person who is not entitled to its use under this Act and who (a) sells, distributes or advertises any goods or services in association with a confusing trademark or trade name; (b) manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods in association with a confusing trademark or trade name, for the purpose of their sale or distribution; (c) sells, offers for sale or distributes any label or packaging, in any form, bearing a trademark or trade name, if Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Validity and Effect of Registration Section 20 (i) the person knows or ought to know that the label or packaging is intended to be associated with goods or services that are not those of the owner of the registered trademark, and (ii) the sale, distribution or advertisement of the goods or services in association with the label or packaging would be a sale, distribution or advertisement in association with a confusing trademark or trade name; or (d) manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any label or packaging, in any form, bearing a trademark or trade name, for the purpose of its sale or distribution or for the purpose of the sale, distribution or advertisement of goods or services in association with it, if (i) the person knows or ought to know that the label or packaging is intended to be associated with goods or services that are not those of the owner of the registered trademark, and (ii) the sale, distribution or advertisement of the goods or services in association with the label or packaging would be a sale, distribution or advertisement in association with a confusing trademark or trade name. Deemed infringement under paragraph (1)(b) (1.01) An infringement under paragraph (1)(b) is presumed, unless the contrary is proven, if a person who is not entitled to use a registered trademark imports goods on a commercial scale that bear a trademark that is identical to, or cannot be distinguished in its essential aspects from, the trademark registered for such goods. Exception — bona fide use (1.1) The registration of a trademark does not prevent a person from making, in a manner that is not likely to have the effect of depreciating the value of the goodwill attaching to the trademark, (a) any bona fide use of his or her personal name as a trade name; or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Validity and Effect of Registration Sections 20-21 (b) any bona fide use, other than as a trademark, of the geographical name of his or her place of business or of any accurate description of the character or quality of his or her goods or services. Exception — utilitarian feature (1.2) The registration of a trademark does not prevent a person from using any utilitarian feature embodied in the trademark. Exception (2) The registration of a trademark does not prevent a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine, any of the indications mentioned in subsection 11.18(4) in association with a spirit or any of the indications mentioned in subsection 11.18(4.1) in association with an agricultural product or food. R.S., 1985, c. T-13, s. 20; 1994, c. 47, s. 196; 2014, c. 20, ss. 361(E), 362(E), c. 32, ss. 22, 56(F); 2017, c. 6, s. 69; 2020, c. 1, s. 108. Concurrent use of confusing marks 21 (1) If, in any proceedings respecting a registered trademark the registration of which is entitled to the protection of subsection 17(2), it is made to appear to the Federal Court that one of the parties to the proceedings, other than the registered owner of the trademark, had in good faith used a confusing trademark or trade name in Canada before the filing date of the application for that registration, and the Court considers that it is not contrary to the public interest that the continued use of the confusing trademark or trade name should be permitted in a defined territorial area concurrently with the use of the registered trademark, the Court may, subject to any terms that it considers just, order that the other party may continue to use the confusing trademark or trade name within that area with an adequate specified distinction from the registered trademark. Registration of order (2) The rights conferred by an order made under subsection (1) take effect only if, within three months from its date, the other party makes application to the Registrar to enter it on the register in connection with the registration of the registered trademark. R.S., 1985, c. T-13, s. 21; 2014, c. 20, ss. 333(E), 361(E). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Validity and Effect of Registration Sections 22-23 Depreciation of goodwill 22 (1) No person shall use a trademark registered by another person in a manner that is likely to have the effect of depreciating the value of the goodwill attaching thereto. Action (2) In any action in respect of a use of a trademark contrary to subsection (1), the court may decline to order the recovery of damages or profits and may permit the defendant to continue to sell goods bearing the trademark that were in the defendant’s possession or under their control at the time notice was given to them that the owner of the registered trademark complained of the use of the trademark. R.S., 1985, c. T-13, s. 22; 2014, c. 20, s. 361(E), c. 32, ss. 23, 53. Certification Marks Registration of certification marks 23 (1) A certification mark may be adopted and registered only by a person who is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used or proposed to be used. Licence (2) The owner of a certification mark may license others to use it in association with goods or services that meet the defined standard, and the use of the certification mark accordingly is deemed to be use by the owner. Unauthorized use (3) The owner of a registered certification mark may prevent its use by unlicensed persons or in association with any goods or services in respect of which it is registered but to which the licence does not extend. Action by unincorporated body (4) If the owner of a registered certification mark is an unincorporated body, any action or proceeding to prevent unauthorized use of the certification mark may be brought by any member of that body on behalf of themselves and all other members. R.S., 1985, c. T-13, s. 23; 2014, c. 20, s. 334, c. 32, s. 53. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Certification Marks Sections 24-26 Registration of trademark confusing with certification mark 24 With the consent of the owner of a certification mark, a trademark confusing with the certification mark may, if it exhibits an appropriate difference, be registered by some other person to indicate that the goods or services in association with which it is used have been manufactured, sold, leased, hired or performed by him as one of the persons entitled to use the certification mark, but the registration thereof shall be expunged by the Registrar on the withdrawal at any time of the consent of the owner of the certification mark or on the cancellation of the registration of the certification mark. R.S., 1985, c. T-13, s. 24; 2014, c. 20, ss. 335(F), 361(E), c. 32, ss. 25(F), 53(E). Descriptive certification mark 25 A certification mark that is descriptive of the place of origin of goods or services, and not confusing with any registered trademark, is registrable if the applicant is the administrative authority of a country, state, province or municipality that includes or forms part of the area indicated by the certification mark, or is a commercial association that has an office or representative in that area, but the owner of any certification mark registered under this section shall permit its use in association with any goods or services produced or performed in the area of which it is descriptive. R.S., 1985, c. T-13, s. 25; 2014, c. 20, s. 336, c. 32, s. 26. Register of Trademarks Register 26 (1) There shall be kept under the supervision of the Registrar a register of trademarks and of transfers, disclaimers, amendments, judgments and orders relating to each registered trademark. Information to be shown (2) The register shall show, with reference to each registered trademark, the following: (a) the date of registration; (b) a summary of the application for registration; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Register of Trademarks Sections 26-27 (c) a summary of all documents deposited with the application or subsequently thereto and affecting the rights to the trademark; (d) particulars of each renewal; (e) particulars of each change of name and address; (e.1) the names of the goods or services in respect of which the trademark is registered, grouped according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification; and (f) such other particulars as this Act or the regulations require to be entered thereon. R.S., 1985, c. T-13, s. 26; 1993, c. 15, s. 61; 2014, c. 20, ss. 337, 361(E), c. 32, s. 27. Register under Unfair Competition Act 27 (1) The register kept under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, forms part of the register kept under this Act and, subject to subsection 44(2), no entry made therein, if properly made according to the law in force at the time it was made, is subject to be expunged or amended only because it might not properly have been made pursuant to this Act. Trademarks registered before Unfair Competition Act (2) Trademarks on the register on September 1, 1932 shall be treated as design marks or word marks as defined in the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, according to the following rules: (a) any trademark consisting only of words or numerals or both without any indication of a special form or appearance shall be deemed to be a word mark; (b) any other trademark consisting only of words or numerals or both shall be deemed to be a word mark if at the date of its registration the words or numerals or both would have been registrable independently of any defined special form or appearance and shall also be deemed to be a design mark for reading matter presenting the special form or appearance defined; (c) any trademark including words or numerals or both in combination with other features shall be deemed Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Register of Trademarks Sections 27-29 (i) to be a design mark having the features described in the application therefor but without any meaning being attributed to the words or numerals, and (ii) to be a word mark if and so far as it would at the date of registration have been registrable independently of any defined form or appearance and without being combined with any other feature; and (d) any other trademark shall be deemed to be a design mark having the features described in the application therefor. Trademarks registered under Unfair Competition Act (3) Trademarks registered under the Unfair Competition Act, chapter 274 of the Revised Statutes of Canada, 1952, shall, in accordance with their registration, continue to be treated as design marks or word marks as defined in that Act. R.S., 1985, c. T-13, s. 27; 2014, c. 20, s. 361(E). 28 [Repealed, 2018, c. 27, s. 255] Available to public 29 (1) The following shall be made available to the public at the times and in the manner established by the Registrar: (a) the register; (b) all applications for the registration of a trademark, including those abandoned; (c) [Repealed, 2018, c. 27, s. 256] (d) the list of geographical indications kept under subsection 11.12(1); (e) all requests made under paragraph 9(1)(n); and (f) all documents filed with the Registrar relating to a registered trademark, an application for the registration of a trademark, a request under paragraph 9(1)(n) and objection proceedings under section 11.13. Certified copies (2) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Register of Trademarks Sections 29-29.1 Registrar of any entry in the register or list, or of any of those applications, requests or documents. R.S., 1985, c. T-13, s. 29; 1993, c. 15, s. 63; 1994, c. 47, s. 197; 2014, c. 20, s. 361(E), c. 32, s. 28; 2018, c. 27, s. 256. Destruction of records 29.1 Despite subsection 29(1), the Registrar may destroy (a) an application for the registration of a trademark that is refused and any document relating to the application, at any time after six years after the day on which the application is refused or, if an appeal is taken, on which final judgment in the appeal upholding the refusal is given; (b) an application for the registration of a trademark that is abandoned and any document relating to the application, at any time after six years after the day on which the application is abandoned; (c) a document relating to an expunged registration of a trademark, at any time after six years after the day on which the registration is expunged; (d) a request under paragraph 9(1)(n) and any document relating to it, at any time after six years after (i) the day on which the request is abandoned, (ii) the day on which the request is refused or, if an appeal is taken, on which final judgment in the appeal upholding the refusal is given, or (iii) the day on which a court declares that the badge, crest, emblem or mark in question is invalid or, if an appeal is taken, on which final judgment in the appeal upholding the declaration is given; (e) a document relating to objection proceedings under section 11.13 with respect to a geographical indication that is removed from the list of geographical indications under subsection 11.12(4), at any time after six years after the day on which it is removed; and (f) a document relating to objection proceedings under section 11.13 with respect to which a decision is made that the indication is not a geographical indication, at any time after six years after the day on which the decision is made or, if an appeal is taken, on which final judgment in the appeal upholding the decision is given. 2014, c. 32, s. 28; 2014, c. 20, s. 361(E). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 30-31 Applications for Registration of Trademarks Requirements for application 30 (1) A person may file with the Registrar an application for the registration of a trademark in respect of goods or services if they are using or propose to use, and are entitled to use, the trademark in Canada in association with those goods or services. Contents of application (2) The application shall contain (a) a statement in ordinary commercial terms of the goods or services in association with which the trademark is used or proposed to be used; (b) in the case of a certification mark, particulars of the defined standard that the use of the certification mark is intended to indicate and a statement that the applicant is not engaged in the manufacture, sale, leasing or hiring of goods or the performance of services such as those in association with which the certification mark is used or proposed to be used; (c) a representation or description, or both, that permits the trademark to be clearly defined and that complies with any prescribed requirements; and (d) any prescribed information or statement. Nice Classification (3) The goods or services referred to in paragraph (2)(a) are to be grouped according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification. Disagreement (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal. R.S., 1985, c. T-13, s. 30; 1993, c. 15, s. 64; 1994, c. 47, s. 198; 2014, c. 20, s. 339, c. 32, s. 53. Standard characters 31 An applicant who seeks to register a trademark that consists only of letters, numerals, punctuation marks, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 31-32 diacritics or typographical symbols, or of any combination of them, without limiting the trademark to any particular font, size or colour shall (a) file a representation under paragraph 30(2)(c) that consists only of characters for which the Registrar has adopted standard characters; (b) include in their application a statement to the effect that they wish the trademark to be registered in standard characters; and (c) comply with any prescribed requirements. R.S., 1985, c. T-13, s. 31; 2014, c. 20, s. 339. Further evidence in certain cases 32 (1) An applicant shall furnish the Registrar with any evidence that the Registrar may require establishing that the trademark is distinctive at the filing date of the application for its registration, determined without taking into account subsection 34(1), if any of the following apply: (a) the applicant claims that their trademark is registrable under subsection 12(3); (b) the Registrar’s preliminary view is that the trademark is not inherently distinctive; (c) the trademark consists exclusively of a single colour or of a combination of colours without delineated contours; (d) the trademark consists exclusively or primarily of one or more of the following signs: (i) the three-dimensional shape of any of the goods specified in the application, or of an integral part or the packaging of any of those goods, (ii) a mode of packaging goods, (iii) a sound, (iv) a scent, (v) a taste, (vi) a texture, (vii) any other prescribed sign. Registration to be restricted (2) The Registrar shall, having regard to the evidence adduced, restrict the registration to the goods or services in association with which, and to the defined territorial area Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 32-34 in Canada in which, the trademark is shown to be distinctive. R.S., 1985, c. T-13, s. 32; 2014, c. 20, s. 339, c. 32, ss. 53, 56(F); 2018, c. 27, s. 232. Filing date 33 (1) The filing date of an application for the registration of a trademark in Canada is the day on which the Registrar has received all of the following: (a) an explicit or implicit indication that the registration of the trademark is sought; (b) information allowing the identity of the applicant to be established; (c) information allowing the Registrar to contact the applicant; (d) a representation or description of the trademark; (e) a list of the goods or services for which registration of the trademark is sought; (f) any prescribed fees. Outstanding items (2) The Registrar shall notify the applicant whose application does not contain all the items set out in subsection (1) of the items that are outstanding and require that the applicant submit them within two months of the date of the notice. Despite section 47, that period cannot be extended. Application deemed never filed (3) If the Registrar does not receive the outstanding items within those two months, the application is deemed never to have been filed. However, any fees paid in respect of the application shall not be refunded to the applicant. R.S., 1985, c. T-13, s. 33; 2014, c. 20, s. 339. Date of application abroad deemed date of application in Canada 34 (1) Despite subsection 33(1), when an applicant files an application for the registration of a trademark in Canada after the applicant or the applicant’s predecessor in title has applied, in or for any country of the Union other than Canada, for the registration of the same or substantially the same trademark in association with the same kind of goods or services, the filing date of the application in or for the other country is deemed to be the filing date of the application in Canada and the applicant is entitled to priority in Canada accordingly despite any Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Section 34 intervening use in Canada or making known in Canada or any intervening application or registration, if (a) the filing date of the application in Canada is within a period of six months after the date on which the earliest application was filed in or for any country of the Union for the registration of the same or substantially the same trademark in association with the same kind of goods or services; (b) the applicant files a request for priority in the prescribed time and manner and informs the Registrar of the filing date and country or office of filing of the application on which the request is based; (c) the applicant, at the filing date of the application in Canada, is a citizen or national of or domiciled in a country of the Union or has a real and effective industrial or commercial establishment in a country of the Union; and (d) the applicant furnishes, in accordance with any request under subsections (2) and (3), evidence necessary to fully establish the applicant’s right to priority. Evidence requests (2) The Registrar may request the evidence before the day on which the trademark is registered under section 40. How and when evidence must be furnished (3) The Registrar may specify in the request the manner in which the evidence must be furnished and the period within which it must be furnished. Withdrawal of request (4) An applicant may, in the prescribed time and manner, withdraw a request for priority. Extension (5) An applicant is not permitted to apply under section 47 for an extension of the six-month period referred to in paragraph (1)(a) until that period has ended, and the Registrar is not permitted to extend the period by more than seven days. R.S., 1985, c. T-13, s. 34; 1992, c. 1, s. 133; 1993, c. 15, s. 65; 1994, c. 47, s. 199; 2014, c. 20, s. 340, c. 32, s. 53. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 35-37 Disclaimer 35 The Registrar may require an applicant for registration of a trademark to disclaim the right to the exclusive use apart from the trademark of such portion of the trademark as is not independently registrable, but the disclaimer does not prejudice or affect the applicant’s rights then existing or thereafter arising in the disclaimed matter, nor does the disclaimer prejudice or affect the applicant’s right to registration on a subsequent application if the disclaimed matter has then become distinctive of the applicant’s goods or services. R.S., 1985, c. T-13, s. 35; 2014, c. 20, s. 361(E), c. 32, s. 53. Abandonment 36 If, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act, the Registrar may, after giving notice to the applicant of the default, treat the application as abandoned unless the default is remedied within the prescribed time. R.S., 1985, c. T-13, s. 36; 2014, c. 20, s. 341. When applications to be refused 37 (1) The Registrar shall refuse an application for the registration of a trademark if he is satisfied that (a) the application does not conform to the requirements of subsection 30(2); (b) the trademark is not registrable, (c) the applicant is not the person entitled to registration of the trademark because it is confusing with another trademark for the registration of which an application is pending, or (d) the trademark is not distinctive. If the Registrar is not so satisfied, the Registrar shall cause the application to be advertised in the prescribed manner. Notice to applicant (2) The Registrar shall not refuse any application without first notifying the applicant of his objections thereto and his reasons for those objections, and giving the applicant adequate opportunity to answer those objections. Doubtful cases (3) Where the Registrar, by reason of a registered trademark, is in doubt whether the trademark claimed in the application is registrable, he shall, by registered letter, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 37-38 notify the owner of the registered trademark of the advertisement of the application. Withdrawal of advertisement (4) If, after the application has been advertised but before the trademark is registered, the Registrar is satisfied that the application should not have been advertised or was incorrectly advertised and the Registrar considers it reasonable to do so, the Registrar may withdraw the advertisement. If the Registrar withdraws the advertisement, the application is deemed never to have been advertised. R.S., 1985, c. T-13, s. 37; 2014, c. 20, ss. 342, 361(E). Statement of opposition 38 (1) Within two months after the advertisement of an application for the registration of a trademark, any person may, on payment of the prescribed fee, file a statement of opposition with the Registrar. Grounds (2) A statement of opposition may be based on any of the following grounds: (a) that the application does not conform to the requirements of subsection 30(2), without taking into account if it meets the requirement in subsection 30(3); (a.1) that the application was filed in bad faith; (b) that the trademark is not registrable; (c) that the applicant is not the person entitled to registration of the trademark; (d) that the trademark is not distinctive; (e) that, at the filing date of the application in Canada, determined without taking into account subsection 34(1), the applicant was not using and did not propose to use the trademark in Canada in association with the goods or services specified in the application; or (f) that, at the filing date of the application in Canada, determined without taking into account subsection 34(1), the applicant was not entitled to use the trademark in Canada in association with those goods or services. Content (3) A statement of opposition shall set out Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Section 38 (a) the grounds of opposition in sufficient detail to enable the applicant to reply thereto; and (b) the address of the opponent’s principal office or place of business in Canada, if any, and if the opponent has no office or place of business in Canada, the address of his principal office or place of business abroad and the name and address in Canada of a person or firm on whom service of any document in respect of the opposition may be made with the same effect as if it had been served on the opponent himself. Frivolous opposition (4) If the Registrar considers that the opposition does not raise a substantial issue for decision, he shall reject it and shall give notice of his decision to the opponent. Substantial issue (5) If the Registrar considers that the opposition raises a substantial issue for decision, he shall forward a copy of the statement of opposition to the applicant. Power to strike (6) At the applicant’s request, the Registrar may — at any time before the day on which the applicant files a counter statement — strike all or part of the statement of opposition if the statement or part of it (a) is not based on any of the grounds set out in subsection (2); or (b) does not set out a ground of opposition in sufficient detail to enable the applicant to reply to it. Counter statement (7) The applicant shall file a counter statement with the Registrar and serve a copy on the opponent in the prescribed manner and within the prescribed time after a copy of the statement of opposition has been forwarded to the applicant. The counter statement need only state that the applicant intends to respond to the opposition. (7.1) [Repealed, 2014, c. 20, s. 343] (7.2) [Repealed, 2014, c. 20, s. 343] Evidence and hearing (8) Both the opponent and the applicant shall be given an opportunity, in the prescribed manner and within the prescribed time, to submit evidence and to make representations to the Registrar unless Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 38-39 (a) the opposition is withdrawn or deemed under subsection (10) to have been withdrawn; or (b) the application is abandoned or deemed under subsection (11) to have been abandoned. Service (9) The opponent and the applicant shall, in the prescribed manner and within the prescribed time, serve on each other any evidence and written representations that they submit to the Registrar. Deemed withdrawal of opposition (10) The opposition is deemed to have been withdrawn if, in the prescribed circumstances, the opponent does not submit and serve either evidence under subsection (8) or a statement that the opponent does not wish to submit evidence. Deemed abandonment of application (11) The application is deemed to have been abandoned if the applicant does not file and serve a counter statement within the time referred to in subsection (7) or if, in the prescribed circumstances, the applicant does not submit and serve either evidence under subsection (8) or a statement that the applicant does not wish to submit evidence. Decision (12) After considering the evidence and representations of the opponent and the applicant, the Registrar shall refuse the application, reject the opposition, or refuse the application with respect to one or more of the goods or services specified in it and reject the opposition with respect to the others. He or she shall notify the parties of the decision and the reasons for it. R.S., 1985, c. T-13, s. 38; 1992, c. 1, s. 134; 1993, c. 15, s. 66; 2014, c. 20, ss. 343, 361(E); 2018, c. 27, ss. 220, 233. Divisional application 39 (1) After having filed an application for the registration of a trademark, an applicant may limit the original application to one or more of the goods or services that were within its scope and file a divisional application for the registration of the same trademark in association with any other goods or services that were (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Applications for Registration of Trademarks Sections 39-41 which the original application is advertised under subsection 37(1). Identification (2) A divisional application shall indicate that it is a divisional application and shall, in the prescribed manner, identify the corresponding original application. Separate application (3) A divisional application is a separate application, including with respect to the payment of any fees. Filing date (4) A divisional application’s filing date is deemed to be the original application’s filing date. Division of divisional application (5) A divisional application may itself be divided under subsection (1), in which case this section applies as if that divisional application were an original application. R.S., 1985, c. T-13, s. 39; 1993, c. 15, s. 67; 2014, c. 20, s. 344; 2018, c. 27, s. 234. Registration of Trademarks Registration of trademarks 40 When an application for the registration of a trademark either has not been opposed and the time for the filing of a statement of opposition has expired, or has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall register the trademark in the name of the applicant and issue a certificate of its registration or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal. R.S., 1985, c. T-13, s. 40; 1993, c. 15, s. 68, c. 44, s. 231; 1999, c. 31, s. 210(F); 2014, c. 20, s. 345, c. 32, ss. 37(F), 53(E). Amendment of the Register Amendments to register 41 (1) The Registrar may, on application by the registered owner of a trademark made in the prescribed manner and on payment of the prescribed fee, make any of the following amendments to the register: (a) correct any error or enter any change in the name, address or description of the registered owner; (b) cancel the registration of the trademark; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Amendment of the Register Sections 41-43 (c) amend the statement of the goods or services in respect of which the trademark is registered; (d) amend the particulars of the defined standard that the use of a certification mark is intended to indicate; (e) enter a disclaimer that does not in any way extend the rights given by the existing registration of the trademark; or (f) subject to the regulations, merge registrations of the trademark that stem, under section 39, from the same original application. Conditions (2) An application to extend the statement of goods or services in respect of which a trademark is registered has the effect of an application for registration of the trademark in respect of the goods or services specified in the application for amendment. Obvious error (3) The Registrar may, within six months after an entry in the register is made, correct any error in the entry that is obvious from the documents relating to the registered trademark in question that are, at the time that the entry is made, on file in the Registrar’s office. Removal of registration (4) The Registrar may, within three months after the registration of a trademark, remove the registration from the register if the Registrar registered the trademark without considering a previously filed request for an extension of time to file a statement of opposition. R.S., 1985, c. T-13, s. 41; 2014, c. 20, ss. 346, 361(E), c. 32, s. 53. 42 [Repealed, 2014, c. 20, s. 347] Additional representations 43 The registered owner of any trademark shall furnish such additional representations thereof as the Registrar may by notice demand and, if he fails to comply with that notice, the Registrar may by a further notice, fix a reasonable time after which, if the representations are not furnished, he may expunge the registration of the trademark. R.S., 1985, c. T-13, s. 43; 2014, c. 20, s. 361(E). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Amendment of the Register Sections 44-45 Notice for information 44 (1) The Registrar may at any time, and shall at the request of any person who pays the prescribed fee, by notice in writing require the registered owner of any trademark that was on the register on July 1, 1954 to furnish him within three months from the date of the notice with the information that would be required on an application for the registration of the trademark made at the date of the notice. Amendments to register (2) The Registrar may amend the registration of the trademark in accordance with the information furnished to him under subsection (1). Failure to give information (3) Where the information required by subsection (1) is not furnished, the Registrar shall by a further notice fix a reasonable time after which, if the information is not furnished, he may expunge the registration of the trademark. R.S., 1985, c. T-13, s. 44; 2014, c. 20, s. 361(E). Registrar may require amendment 44.1 (1) The Registrar may give notice to the registered owner of a trademark requiring the owner to furnish the Registrar, in the prescribed time and manner, with a statement of the goods or services in respect of which the trademark is registered, in which those goods or services are grouped in the manner described in subsection 30(3). Amendments to register (2) The Registrar may amend the register in accordance with the statement furnished under subsection (1). Failure to furnish statement (3) If the statement required by subsection (1) is not furnished, the Registrar shall by a further notice fix a reasonable time after which, if the statement is not furnished, the Registrar may expunge the registration of the trademark or refuse to renew it. Disagreement (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal. 2014, c. 20, s. 348. Registrar may request evidence of use 45 (1) After three years beginning on the day on which a trademark is registered, unless the Registrar sees good reason to the contrary, the Registrar shall, at the written Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Amendment of the Register Section 45 request of any person who pays the prescribed fee — or may, on his or her own initiative — give notice to the registered owner of the trademark requiring the registered owner to furnish within three months an affidavit or a statutory declaration showing, with respect to all the goods or services specified in the registration or to those that may be specified in the notice, whether the trademark was in use in Canada at any time during the threeyear period immediately preceding the date of the notice and, if not, the date when it was last so in use and the reason for the absence of such use since that date. Form of evidence (2) The Registrar shall not receive any evidence other than the affidavit or statutory declaration, but may receive representations made in the prescribed manner and within the prescribed time by the registered owner of the trademark or by the person at whose request the notice was given. Service (2.1) The registered owner of the trademark shall, in the prescribed manner and within the prescribed time, serve on the person at whose request the notice was given any evidence that the registered owner submits to the Registrar. Those parties shall, in the prescribed manner and within the prescribed time, serve on each other any written representations that they submit to the Registrar. Failure to serve (2.2) The Registrar is not required to consider any evidence or written representations that was not served in accordance with subsection (2.1). Effect of non-use (3) Where, by reason of the evidence furnished to the Registrar or the failure to furnish any evidence, it appears to the Registrar that a trademark, either with respect to all of the goods or services specified in the registration or with respect to any of those goods or services, was not used in Canada at any time during the three year period immediately preceding the date of the notice and that the absence of use has not been due to special circumstances that excuse the absence of use, the registration of the trademark is liable to be expunged or amended accordingly. Notice to owner (4) When the Registrar reaches a decision whether or not the registration of a trademark ought to be expunged or amended, he shall give notice of his decision with the reasons therefor to the registered owner of the trademark Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Amendment of the Register Sections 45-46 and to the person at whose request the notice referred to in subsection (1) was given. Action by Registrar (5) The Registrar shall act in accordance with his decision if no appeal therefrom is taken within the time limited by this Act or, if an appeal is taken, shall act in accordance with the final judgment given in the appeal. R.S., 1985, c. T-13, s. 45; 1993, c. 44, s. 232; 1994, c. 47, s. 200; 2014, c. 20, ss. 349, 361(E), c. 32, s. 53. Renewal of Registrations Term 46 (1) Subject to any other provision of this Act, the registration of a trademark is on the register for an initial period of 10 years beginning on the day of the registration and for subsequent renewal periods of 10 years if, for each renewal, the prescribed renewal fee is paid within the prescribed period. Notice to renew (2) If the initial period or a renewal period expires and the prescribed renewal fee has not been paid, the Registrar shall send a notice to the registered owner stating that if the fee is not paid within the prescribed period, the registration will be expunged. Failure to renew (3) If the prescribed renewal fee is not paid within the prescribed period, the Registrar shall expunge the registration. The registration is deemed to have been expunged at the expiry of the initial period or the last renewal period. Renewal (4) If the prescribed renewal fee is paid within the prescribed period, the renewal period begins at the expiry of the initial period or the last renewal period. Extension (5) A registered owner is not permitted to apply under section 47 for an extension of the prescribed period until that period has expired, and the Registrar is not permitted to extend the period by more than seven days. Prescribed period (6) For the purposes of this section, the prescribed period begins at least six months before the expiry of the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Renewal of Registrations Sections 46-48 initial period or the renewal period and ends no earlier than six months after the expiry of that period. R.S., 1985, c. T-13, s. 46; 1992, c. 1, s. 135; 2014, c. 20, s. 350. Renewal for goods or services 46.1 The registration of a trademark may be renewed for any of the goods or services in respect of which the trademark is registered. 2018, c. 27, s. 224. Extensions of Time Extensions of time 47 (1) If, in any case, the Registrar is satisfied that the circumstances justify an extension of the time fixed by this Act or prescribed by the regulations for the doing of any act, he may, except as in this Act otherwise provided, extend the time after such notice to other persons and on such terms as he may direct. Conditions (2) An extension applied for after the expiration of the time fixed for the doing of an act or the time extended by the Registrar under subsection (1) shall not be granted unless the prescribed fee is paid and the Registrar is satisfied that the failure to do the act or apply for the extension within that time or the extended time was not reasonably avoidable. R.S., c. T-10, s. 46. Proceeding under section 45 47.1 (1) The Registrar shall grant an extension of any time limit fixed under this Act in the context of a proceeding commenced by the Registrar, on his or her own initiative, under section 45, if the extension is requested after the expiry of the time limit and within two months after its expiry. One time extension (2) No extension under subsection (1) shall be granted more than once. 2014, c. 20, s. 351. Transfer Trademark transferable 48 (1) A trademark, whether registered or unregistered, is transferable, and deemed always to have been transferable, either in connection with or separately from the goodwill of the business and in respect of either all or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Transfer Sections 48-49 some of the goods or services in association with which it has been used. Where two or more persons interested (2) Nothing in subsection (1) prevents a trademark from being held not to be distinctive if as a result of a transfer thereof there subsisted rights in two or more persons to the use of confusing trademarks and the rights were exercised by those persons. Transfer of application (3) The Registrar shall, subject to the regulations, record the transfer of an application for the registration of a trademark on the request of the applicant or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the application. Transfer of trademark (4) The Registrar shall, subject to the regulations, register the transfer of any registered trademark on the request of the registered owner or, on receipt of evidence satisfactory to the Registrar of the transfer, on the request of a transferee of the trademark. Removal of recording or registration (5) The Registrar shall remove the recording or the registration of the transfer referred to in subsection (3) or (4) on receipt of evidence satisfactory to the Registrar that the transfer should not have been recorded or registered. R.S., 1985, c. T-13, s. 48; 2014, c. 20, ss. 352, 361(E), c. 32, s. 53. Change of Purpose in Use of Trademark Change of purpose 49 If a sign or combination of signs is used by a person as a trademark for any of the purposes or in any of the manners mentioned in the definition certification mark or trademark in section 2, no application for the registration of the trademark shall be refused and no registration of the trademark shall be expunged, amended or held invalid merely on the ground that the person or a predecessor in title uses the trademark or has used it for any other of those purposes or in any other of those manners. R.S., 1985, c. T-13, s. 49; 2014, c. 20, s. 353. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Licences Sections 50-51 Licences Licence to use trademark 50 (1) For the purposes of this Act, if an entity is licensed by or with the authority of the owner of a trademark to use the trademark in a country and the owner has, under the licence, direct or indirect control of the character or quality of the goods or services, then the use, advertisement or display of the trademark in that country as or in a trademark, trade name or otherwise by that entity has, and is deemed always to have had, the same effect as such a use, advertisement or display of the trademark in that country by the owner. Idem (2) For the purposes of this Act, to the extent that public notice is given of the fact that the use of a trademark is a licensed use and of the identity of the owner, it shall be presumed, unless the contrary is proven, that the use is licensed by the owner of the trademark and the character or quality of the goods or services is under the control of the owner. Owner may be required to take proceedings (3) Subject to any agreement subsisting between an owner of a trademark and a licensee of the trademark, the licensee may call on the owner to take proceedings for infringement thereof, and, if the owner refuses or neglects to do so within two months after being so called on, the licensee may institute proceedings for infringement in the licensee’s own name as if the licensee were the owner, making the owner a defendant. R.S., 1985, c. T-13, s. 50; 1993, c. 15, s. 69; 1999, c. 31, s. 211(F); 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 53. Use of trademark by related companies 51 (1) Where a company and the owner of a trademark that is used in Canada by that owner in association with a pharmaceutical preparation are related companies, the use by the company of the trademark, or a trademark confusing therewith, in association with a pharmaceutical preparation that at the time of that use or at any time thereafter, (a) is acquired by a person directly or indirectly from the company, and (b) is sold, distributed or advertised for sale in Canada in a package bearing the name of the company and the name of that person as the distributor thereof, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Licences Sections 51-51.01 has the same effect, for all purposes of this Act, as a use of the trademark or the confusing trademark, as the case may be, by that owner. Where difference in composition (2) Subsection (1) does not apply to any use of a trademark or a confusing trademark by a company referred to in that subsection in association with a pharmaceutical preparation after such time, if any, as that pharmaceutical preparation is declared by the Minister of Health, by notice published in the Canada Gazette, to be sufficiently different in its composition from the pharmaceutical preparation in association with which the trademark is used in Canada by the owner referred to in subsection (1) as to be likely to result in a hazard to health. Definition of pharmaceutical preparation (3) In this section, pharmaceutical preparation includes (a) any substance or mixture of substances manufactured, sold or represented for use in (i) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or the symptoms thereof, in humans or animals, or (ii) restoring, correcting or modifying organic functions in humans or animals, and (b) any substance to be used in the preparation or production of any substance or mixture of substances described in paragraph (a), but does not include any such substance or mixture of substances that is the same or substantially the same as a substance or mixture of substances that is a proprietary medicine within the meaning from time to time assigned to that expression by regulations made pursuant to the Food and Drugs Act. R.S., 1985, c. T-13, s. 51; 1996, c. 8, s. 32; 2014, c. 20, s. 361(E). Offences and Punishment Sale, etc., of goods 51.01 (1) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any goods in association with a trademark, if that sale or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Offences and Punishment Section 51.01 distribution is or would be contrary to section 19 or 20 and the person knows that (a) the trademark is identical to, or cannot be distinguished in its essential aspects from, a trademark registered for such goods; and (b) the owner of that registered trademark has not consented to the sale, offering for sale, or distribution of the goods in association with the trademark. (c) [Deleted] Manufacture, etc., of goods (2) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any goods, for the purpose of their sale or of their distribution on a commercial scale, if that sale or distribution would be contrary to section 19 or 20 and the person knows that (a) the goods bear a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a trademark registered for such goods; and (b) the owner of that registered trademark has not consented to having the goods bear the trademark. (c) [Deleted] Services (3) Every person commits an offence who sells or advertises services in association with a trademark, if that sale or advertisement is contrary to section 19 or 20 and the person knows that (a) the trademark is identical to, or cannot be distinguished in its essential aspects from, a registered trademark registered for such services; and (b) the owner of the registered trademark has not consented to the sale or advertisement in association with the trademark. (c) [Deleted] Labels or packaging (4) Every person commits an offence who manufactures, causes to be manufactured, possesses, imports, exports or attempts to export any label or packaging, in any form, for the purpose of its sale or of its distribution on a Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Offences and Punishment Section 51.01 commercial scale or for the purpose of the sale, distribution on a commercial scale or advertisement of goods or services in association with it, if that sale, distribution or advertisement would be contrary to section 19 or 20 and the person knows that (a) the label or packaging bears a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trademark; (b) the label or packaging is intended to be associated with goods or services for which that registered trademark is registered; and (c) the owner of that registered trademark has not consented to having the label or packaging bear the trademark. (d) [Deleted] Trafficking in labels or packaging (5) Every person commits an offence who sells or offers for sale, or distributes on a commercial scale, any label or packaging, in any form, if the sale, distribution or advertisement of goods or services in association with the label or packaging would be contrary to section 19 or 20 and the person knows that (a) the label or packaging bears a trademark that is identical to, or that cannot be distinguished in its essential aspects from, a registered trademark; (b) the label or packaging is intended to be associated with goods or services for which that registered trademark is registered; (c) the owner of that registered trademark has not consented to having the label or packaging bear the trademark. Registration of trademark (5.1) In a prosecution for an offence under any of subsections (1) to (5), it is not necessary for the prosecutor to prove that the accused knew that the trademark was registered. Punishment (6) Every person who commits an offence under any of subsections (1) to (5) is liable (a) on conviction on indictment, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years or to both; or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Offences and Punishment Sections 51.01-51.02 (b) on summary conviction, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months or to both. Limitation Period (7) Proceedings by way of summary conviction for an offence under this section may be instituted no later than two years after the day on which the subject-matter of the proceedings arose. Disposition order (8) The court before which any proceedings for an offence under this section are taken may, on a finding of guilt, order that any goods, labels, or packaging in respect of which the offence was committed, any advertising materials relating to those goods and any equipment used to manufacture those goods, labels or packaging be destroyed or otherwise disposed of. Notice (9) Before making an order for the destruction or other disposition of equipment under subsection (8), the court shall require that notice be given to the owner of the equipment and to any other person who, in the opinion of the court, appears to have a right or interest in the equipment, unless the court is of the opinion that the interests of justice do not require that the notice be given. 2014, c. 32, s. 42; 2014, c. 20, s. 361(E). Importation and Exportation Interpretation Definitions 51.02 The following definitions apply in sections 51.03 to 51.12. customs officer has the meaning assigned by the definition officer in subsection 2(1) of the Customs Act. (agent des douanes) Minister means the Minister of Public Safety and Emergency Preparedness. (ministre) owner, with respect to a protected geographical indication identifying a wine or spirit or agricultural product or food, means the responsible authority, as defined in section 11.11, for the wine or spirit or agricultural product or food identified by the indication. (propriétaire) protected mark means a registered trademark or a protected geographical indication. (marque protégée) Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Interpretation Sections 51.02-51.03 relevant protected mark means (a) a trademark registered for goods that is identical to, or cannot be distinguished in its essential aspects from, a trademark on such goods, including their labels or packaging, that are detained by a customs officer; or (b) a protected geographical indication identifying, as the case may be, a wine or spirit, or an agricultural product or food of a category set out in the schedule, that is identical to, or cannot be distinguished in its essential aspects from, an indication on such a wine or spirit or such an agricultural product or food, or on their labels or packaging, that is detained by a customs officer. (marque protégée en cause) working day means a day other than a Saturday or a holiday. (jour ouvrable) 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 70. Prohibition No importation or exportation 51.03 (1) Goods shall not be imported or exported if the goods or their labels or packaging bear — without the consent of the owner of a registered trademark for such goods — a trademark that is identical to, or that cannot be distinguished in its essential aspects from, that registered trademark. Exception (2) Subsection (1) does not apply if (a) the trademark was applied with the consent of the owner of the trademark in the country where it was applied; (b) the sale or distribution of the goods or, in the case where the trademark is on the goods’ labels or packaging, of the goods in association with the labels or packaging would not be contrary to this Act; (c) the goods are imported or exported by an individual in their possession or baggage and the circumstances, including the number of goods, indicate that the goods are intended only for their personal use. (d) [Repealed, 2020, c. 1, s. 109] Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Prohibition Section 51.03 Wine or spirits (2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits (a) do not originate in the territory indicated by the indication; or (b) do originate in the territory indicated by the indication but were not produced or manufactured in accordance with the law applicable to that territory. Agricultural products or food (2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food (a) does not originate in the territory indicated by the indication; or (b) does originate in the territory indicated by the indication, but was not produced or manufactured in accordance with the law applicable to that territory. Exception (2.3) Subsections (2.1) and (2.2) do not apply if (a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act; (b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use. (c) [Repealed, 2020, c. 1, s. 109] Customs transit or transhipment control (2.4) For the purposes of subsections (1), (2.1) and (2.2), goods — including wine, spirits, agricultural products or food — that, while being shipped from one place outside Canada to another, are in customs transit control or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Prohibition Sections 51.03-51.04 customs transhipment control in Canada are considered to have been imported for the purpose of release. Restriction (3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 71; 2020, c. 1, s. 109. Request for Assistance Request for assistance 51.04 (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03. Information in request (2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trademark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication. Validity period (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once. Security (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09. Update (5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to (a) the validity of the protected mark that is the subject of the request for assistance; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Request for Assistance Sections 51.04-51.06 (b) the ownership of the protected mark; or (c) the goods for which the trademark is registered or, in the case of a geographical indication, the goods identified by the indication. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 72. Measures Relating to Detained Goods Provision of information by customs officer 51.05 A customs officer who is detaining goods under section 101 of the Customs Act may, in the officer’s discretion, to obtain information about whether the importation or exportation of the goods is prohibited under section 51.03, provide the owner of a relevant protected mark with a sample of the goods and with any information about the goods that the customs officer reasonably believes does not directly or indirectly identify any person. 2014, c. 32, s. 43; 2017, c. 6, s. 78. Provision of information to pursue remedy 51.06 (1) A customs officer who is detaining goods under section 101 of the Customs Act and who has reasonable grounds to suspect that the importation or exportation of the goods is prohibited under section 51.03 may, in the officer’s discretion, if the Minister has accepted a request for assistance with respect to a relevant protected mark filed by its owner, provide that owner with a sample of the goods and with information about the goods that could assist them in pursuing a remedy under this Act, such as (a) a description of the goods and their characteristics; (b) the name and address of their owner, importer, exporter and consignee and of the person who made them and of any other person involved in their movement; (c) their quantity; (d) the countries in which they were made and through which they passed in transit; and (e) the day on which they were imported, if applicable. Detention (2) Subject to subsection (3), the customs officer shall not detain, for the purpose of enforcing section 51.03, the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Measures Relating to Detained Goods Sections 51.06-51.07 goods for more than 10 working days — or, if the goods are perishable, for more than five days — after the day on which the customs officer first sends or makes available a sample or information to the owner under subsection (1). At the request of the owner made while the goods are detained for the purpose of enforcing section 51.03, the customs officer may, having regard to the circumstances, detain non-perishable goods for one additional period of not more than 10 working days. Notice of proceedings (3) If, before the goods are no longer detained for the purpose of enforcing of section 51.03, the owner of a relevant protected mark has provided the Minister, in the manner specified by the Minister, with a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained goods, the customs officer shall continue to detain them until the Minister is informed in writing that (a) the proceedings are finally disposed of, settled or abandoned; (b) a court directs that the goods are no longer to be detained for the purpose of the proceedings; or (c) the owner of the mark consents to the goods no longer being so detained. Continued detention (4) The occurrence of any of the events referred to in paragraphs (3)(a) to (c) does not preclude a customs officer from continuing to detain the goods under the Customs Act for a purpose other than with respect to the proceedings. 2014, c. 32, s. 43; 2017, c. 6, ss. 73(F), 78, 79(E); 2020, c. 1, s. 110. Restriction on information use — section 51.05 51.07 (1) A person who receives a sample or information that is provided under section 51.05 shall not use the information, or information that is derived from the sample, for any purpose other than to give information to the customs officer about whether the importation or exportation of the goods is prohibited under section 51.03. Restriction on information use — subsection 51.06(1) (2) A person who receives a sample or information that is provided under subsection 51.06(1) shall not use the Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Measures Relating to Detained Goods Sections 51.07-51.09 information, or information that is derived from the sample, for any purpose other than to pursue remedies under this Act. For greater certainty (3) For greater certainty, subsection (2) does not prevent the confidential communication of information about the goods for the purpose of reaching an out-of-court settlement. 2014, c. 32, s. 43. Inspection 51.08 After a sample or information has been provided under subsection 51.06(1), a customs officer may, in the officer’s discretion, give the owner, importer, exporter and consignee of the detained goods and the owner of the relevant protected mark an opportunity to inspect the goods. 2014, c. 32, s. 43; 2017, c. 6, s. 78. Liability for charges 51.09 (1) The owner of a relevant protected mark who has received a sample or information under subsection 51.06(1) is liable to Her Majesty in right of Canada for the storage and handling charges for the detained goods — and, if applicable, for the charges for destroying them — for the period beginning on the day after the day on which a customs officer first sends or makes available a sample or information to that owner under that subsection and ending on the first day on which one of the following occurs: (a) the goods are no longer detained for the purpose of enforcing section 51.03 or, if subsection 51.06(3) applies, for the purpose of the proceedings referred to in that subsection; (b) the Minister receives written notification in which the owner of the mark states that the importation or exportation of the goods does not, with respect to the owner’s relevant protected mark, contravene section 51.03; (c) the Minister receives written notification in which the owner of the mark states that they will not, while the goods are detained for the purpose of enforcing section 51.03, commence proceedings to obtain a remedy under this Act with respect to them. Exception — paragraph (1)(a) (2) Despite paragraph (1)(a), if the goods are forfeited under subsection 39(1) of the Customs Act and the Minister did not, before the end of the detention of the goods for the purpose of enforcing section 51.03, receive a copy of a document filed with a court commencing Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Measures Relating to Detained Goods Section 51.09 proceedings to obtain a remedy under this Act with respect to the detained goods or the written notification referred to in paragraph (1)(b) or (c), the period ends on the day on which the goods are forfeited. Exception — paragraph (1)(c) (3) Despite paragraph (1)(c), if the goods are forfeited under subsection 39(1) of the Customs Act after the Minister has received the written notification referred to in that paragraph, the period ends on the day on which the goods are forfeited. Joint and several or solidary liability (4) The owner and the importer or exporter of goods that are forfeited in the circumstances set out in subsection (2) or (3) are jointly and severally, or solidarily, liable to the owner of the relevant protected mark for all the charges under subsection (1) paid by the owner of the relevant protected mark with respect to the period (a) in the circumstances referred to in subsection (2), beginning on the day on which the goods are no longer detained for the purpose of enforcing section 51.03 and ending on the day on which the goods are forfeited; and (b) in the circumstances referred to in subsection (3), beginning on the day on which the Minister receives the written notification referred to in paragraph (1)(c) and ending on the day on which the goods are forfeited. Exception (5) Subsections (1) to (3) do not apply if (a) the detention of the goods for the purpose of enforcing section 51.03 ends before the expiry of 10 working days — or, if the goods are perishable, before the expiry of five days — after the day on which the customs officer first sends or makes available a sample or information to the owner of the mark under subsection 51.06(1); and (b) the Minister has not, by the end of the detention, received a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained goods or the written notification referred to in paragraph (1)(b) or (c). 2014, c. 32, s. 43; 2017, c. 6, ss. 78, 79(E). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation No Liability Sections 51.1-51.11 No Liability No liability 51.1 Neither Her Majesty nor a customs officer is liable for any loss or damage suffered in relation to the enforcement or application of sections 51.03 to 51.06 and 51.08 because of (a) the detention of goods, except if the detention contravenes subsection 51.06(2); (b) the failure to detain goods; or (c) the release or cessation of detention of any detained goods, except if the release or cessation contravenes subsection 51.06(3). 2014, c. 32, s. 43. Powers of Court Relating to Detained Goods Application to court 51.11 (1) In the course of proceedings referred to in subsection 51.06(3), the court may, on the application of the Minister or a party to the proceedings, (a) impose conditions on the storage or detention of the goods that are the subject of the proceedings; or (b) direct that the goods are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court. Minister’s consent (2) If a party applies to have the detained goods stored in a place other than a bonded warehouse or a sufferance warehouse, as those terms are defined in subsection 2(1) of the Customs Act, the Minister must consent to the storage of the goods in that place before a condition to that effect is imposed under subsection (1). Customs Act (3) The court may impose a condition described in subsection (2) despite section 31 of the Customs Act. Continued detention (4) A direction under paragraph (1)(b) that the goods are no longer to be detained for the purpose of the proceedings does not preclude a customs officer from continuing to detain the goods under the Customs Act for another purpose. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Importation and Exportation Powers of Court Relating to Detained Goods Sections 51.11-51.13 Security (5) In the course of proceedings referred to in subsection 51.06(3), the court may, on the application of the Minister or a party to the proceedings, require the owner of the relevant protected mark to furnish security, in an amount fixed by the court, (a) to cover duties, as defined in subsection 2(1) of the Customs Act, storage and handling charges, and any other amount that may become chargeable against the goods; and (b) to answer any damages that may by reason of the detention be sustained by the owner, importer, exporter or consignee of the goods. 2014, c. 32, s. 43; 2017, c. 6, s. 78. Damages against trademark owner 51.12 A court may award damages against the owner of a relevant protected mark who commenced proceedings referred to in subsection 51.06(3) to the owner, importer, exporter or consignee of the goods who is a party to the proceedings for losses, costs or prejudice suffered as a result of the detention of goods if the proceedings are dismissed or discontinued. 2014, c. 32, s. 43, c. 20, s. 361(E); 2017, c. 6, s. 78. Trademark Agents Privileged communication 51.13 (1) A communication that meets the following conditions is privileged in the same way as a communication that is subject to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries and no person shall be required to disclose, or give testimony on, the communication in a civil, criminal or administrative action or proceeding: (a) it is between a trademark agent and their client; (b) it is intended to be confidential; and (c) it is made for the purpose of seeking or giving advice with respect to any matter relating to the protection of a trademark, geographical indication or mark referred to in paragraph 9(1)(e), (i), (i.1), (i.3), (n) or (n.1). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Trademark Agents Sections 51.13-52 Waiver (2) Subsection (1) does not apply if the client expressly or implicitly waives the privilege. Exceptions (3) Exceptions to solicitor-client privilege or, in civil law, to professional secrecy of advocates and notaries apply to a communication that meets the conditions set out in paragraphs (1)(a) to (c). Trademark agents — country other than Canada (4) A communication between an individual who is authorized to act as the equivalent of a trademark agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between a trademark agent and their client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c). Individual acting on behalf of trademark agent or client (5) For the purposes of this section, a trademark agent or an individual who is authorized to act as the equivalent of a trademark agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf. Application (6) This section applies to communications that are made before the day on which this section comes into force if they are still confidential on that day and to communications that are made after that day. However, this section does not apply in respect of an action or proceeding commenced before that day. Definition of trademark agent (7) In this section, trademark agent has the same meaning as in section 2 of the College of Patent Agents and Trademark Agents Act. 2015, c. 36, s. 66; 2014, c. 20, s. 361(E); 2014, c. 20, s. 366(E); 2018, c. 27, s. 257. Legal Proceedings Definitions 52 In sections 53 to 53.3, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 52-53 court means the Federal Court or the superior court of a province; (tribunal) duties has the same meaning as in the Customs Act; (droits) Minister means the Minister of Public Safety and Emergency Preparedness. (ministre) release [Repealed, 2014, c. 32, s. 44] R.S., 1985, c. T-13, s. 52; 1993, c. 44, s. 234; 2005, c. 38, ss. 142, 145; 2014, c. 32, s. 44. Proceedings for interim custody 53 (1) Where a court is satisfied, on application of any interested person, that any registered trademark, any trademark that is confusing with a registered trademark or any trade name has been applied to any goods that have been imported into Canada or are about to be distributed in Canada in such a manner that the distribution of the goods would be contrary to this Act, or that any indication of a place of origin has been unlawfully applied to any goods, the court may make an order for the interim custody of the goods, pending a final determination of the legality of their importation or distribution in an action commenced within such time as is prescribed by the order. Security (2) Before making an order under subsection (1), the court may require the applicant to furnish security, in an amount fixed by the court, to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the goods and for any amount that may become chargeable against the goods while they remain in custody under the order. Lien for charges (3) Where, by the judgment in any action under this section finally determining the legality of the importation or distribution of the goods, their importation or distribution is forbidden, either absolutely or on condition, any lien for charges against them that arose prior to the date of an order made under this section has effect only so far as may be consistent with the due execution of the judgment. Prohibition of imports (4) Where in any action under this section the court finds that the importation is or the distribution would be Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 53-53.1 contrary to this Act, it may make an order prohibiting the future importation of goods to which the trademark, trade name or indication of origin has been applied. How application made (5) An application referred to in subsection (1) may be made in an action or otherwise, and either on notice or ex parte. Limitation (6) No proceedings may be taken under subsection (1) for the interim custody of goods by the Minister if proceedings for the detention of the goods by the Minister may be taken under section 53.1. R.S., 1985, c. T-13, s. 53; 1993, c. 44, s. 234; 2014, c. 20, ss. 361(E), 362(E), c. 32, s. 53; 2018, c. 23, s. 17. Proceedings for detention by Minister 53.1 (1) Where a court is satisfied, on application by the owner of a registered trademark, that any goods to which the registered trademark or a trademark that is confusing with the registered trademark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, and that the distribution of the goods in Canada would be contrary to this Act, the court may make an order (a) directing the Minister to take reasonable measures, on the basis of information reasonably required by the Minister and provided by the applicant, to detain the goods; (b) directing the Minister to notify the applicant and the owner or importer of the goods, forthwith after detaining them, of the detention and the reasons therefor; and (c) providing for such other matters as the court considers appropriate. How application made (2) An application referred to in subsection (1) may be made in an action or otherwise, and either on notice or ex parte, except that it must always be made on notice to the Minister. Court may require security (3) Before making an order under subsection (1), the court may require the applicant to furnish security, in an amount fixed by the court, Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 53.1-53.2 (a) to cover duties, storage and handling charges, and any other amount that may become chargeable against the goods; and (b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the goods. Application for directions (4) The Minister may apply to the court for directions in implementing an order made under subsection (1). Minister may allow inspection (5) The Minister may give the applicant or the importer of the detained goods an opportunity to inspect them for the purpose of substantiating or refuting, as the case may be, the applicant’s claim. Where applicant fails to commence an action (6) Unless an order made under subsection (1) provides otherwise, the Minister shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release the goods without further notice to the applicant if, two weeks after the applicant has been notified under paragraph (1)(b), the Minister has not been notified that an action has been commenced for a final determination by the court of the legality of the importation or distribution of the goods. Where court finds in plaintiff’s favour (7) Where, in an action commenced under this section, the court finds that the importation is or the distribution would be contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order that the goods be destroyed or exported, or that they be delivered up to the plaintiff as the plaintiff’s property absolutely. 1993, c. 44, s. 234; 2014, c. 20, s. 361(E), c. 32, s. 53; 2018, c. 23, s. 18. Power of court to grant relief 53.2 (1) If a court is satisfied, on application of any interested person, that any act has been done contrary to this Act, the court may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages and for the destruction or other disposition of any offending goods, packaging, labels and advertising material and of any equipment used to produce the goods, packaging, labels or advertising material. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 53.2-54 Notice to interested persons (2) Before making an order for destruction or other disposition, the court shall direct that notice be given to any person who has an interest or right in the item to be destroyed or otherwise disposed of, unless the court is of the opinion that the interests of justice do not require that notice be given. 1993, c. 44, s. 234; 2014, c. 32, s. 45. Unaltered state — exportation, sale or distribution 53.3 (1) A court is not permitted, in any proceeding under section 53.1 or 53.2, to make an order under that section requiring or permitting the goods to be exported, sold or distributed in an unaltered state, except in a manner that does not affect the legitimate interests of the owner of the registered trademark or except in exceptional circumstances, if the court finds that (a) goods bearing the registered trademark have been imported into Canada in such a manner that the distribution of the goods in Canada would be contrary to this Act; and (b) the registered trademark has, without the consent of the owner, been applied to those goods with the intent of counterfeiting or imitating the trademark, or of deceiving the public and inducing them to believe that the goods were made with the consent of the owner. Removal of trademark (2) Subsection (1) also applies with respect to goods for which the only alteration is the removal of the trademark. 1993, c. 44, s. 234; 2014, c. 20, s. 361(E), c. 32, s. 45. Evidence 54 (1) Evidence of any document in the official custody of the Registrar or of any extract therefrom may be given by the production of a copy thereof purporting to be certified to be true by the Registrar. Idem (2) A copy of any entry in the register purporting to be certified to be true by the Registrar is evidence of the facts set out therein. Idem (3) A copy of the record of the registration of a trademark purporting to be certified to be true by the Registrar is evidence of the facts set out therein and that the person named therein as owner is the registered owner of Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 54-56 the trademark for the purposes and within the territorial area therein defined. Idem (4) A copy of any entry made or documents filed under the authority of any Act in force before July 1, 1954 relating to trademarks, certified under the authority of that Act, is admissible in evidence and has the same probative force as a copy certified by the Registrar under this Act as provided in this section. R.S., 1985, c. T-13, s. 54; 2014, c. 20, s. 361(E). Jurisdiction of Federal Court 55 The Federal Court has jurisdiction to entertain any action or proceeding, other than a proceeding under section 51.01, for the enforcement of any of the provisions of this Act or of any right or remedy conferred or defined by this Act. R.S., 1985, c. T-13, s. 55; 2014, c. 32, s. 46. Appeal 56 (1) An appeal lies to the Federal Court from any decision of the Registrar under this Act within two months from the date on which notice of the decision was dispatched by the Registrar or within such further time as the Court may allow, either before or after the expiration of the two months. Procedure (2) An appeal under subsection (1) shall be made by way of notice of appeal filed with the Registrar and in the Federal Court. Notice to owner (3) The appellant shall, within the time limited or allowed by subsection (1), send a copy of the notice by registered mail to the registered owner of any trademark that has been referred to by the Registrar in the decision complained of and to every other person who was entitled to notice of the decision. Public notice (4) The Federal Court may direct that public notice of the hearing of an appeal under subsection (1) and of the matters at issue therein be given in such manner as it deems proper. Additional evidence (5) On an appeal under subsection (1), evidence in addition to that adduced before the Registrar may be adduced and the Federal Court may exercise any discretion vested in the Registrar. R.S., 1985, c. T-13, s. 56; 2014, c. 20, s. 361(E). Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 57-59 Exclusive jurisdiction of Federal Court 57 (1) The Federal Court has exclusive original jurisdiction, on the application of the Registrar or of any person interested, to order that any entry in the register be struck out or amended on the ground that at the date of the application the entry as it appears on the register does not accurately express or define the existing rights of the person appearing to be the registered owner of the trademark. Restriction (2) No person is entitled to institute under this section any proceeding calling into question any decision given by the Registrar of which that person had express notice and from which he had a right to appeal. R.S., 1985, c. T-13, s. 57; 2014, c. 20, s. 354. How proceedings instituted 58 An application under section 57 shall be made either by the filing of an originating notice of motion, by counter-claim in an action for the infringement of the trademark, or by statement of claim in an action claiming additional relief under this Act. R.S., 1985, c. T-13, s. 58; 2014, c. 20, s. 361(E). Notice to set out grounds 59 (1) Where an appeal is taken under section 56 by the filing of a notice of appeal, or an application is made under section 57 by the filing of an originating notice of motion, the notice shall set out full particulars of the grounds on which relief is sought. Reply (2) Any person on whom a copy of the notice described in subsection (1) has been served and who intends to contest the appeal or application, as the case may be, shall file and serve within the prescribed time or such further time as the court may allow a reply setting out full particulars of the grounds on which he relies. Hearing (3) The proceedings on an appeal or application shall be heard and determined summarily on evidence adduced by affidavit unless the court otherwise directs, in which event it may order that any procedure permitted by its rules and practice be made available to the parties, including the introduction of oral evidence generally or in respect of one or more issues specified in the order. R.S., c. T-10, s. 59. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Legal Proceedings Sections 60-63 Registrar to transmit documents 60 When any appeal or application has been made to the Federal Court under any of the provisions of this Act, the Registrar shall, at the request of any of the parties to the proceedings and on the payment of the prescribed fee, transmit to the Court all documents on file in the Registrar’s office relating to the matters in question in those proceedings, or copies of those documents certified by the Registrar. R.S., 1985, c. T-13, s. 60; 1993, c. 44, s. 238; 2014, c. 32, s. 48. Judgments 61 (1) An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trademark on the register or to any protected geographical indication. Judgment sent by parties (2) A person who makes a request to the Registrar relating to a judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada in a proceeding to which they were a party shall, at the request of the Registrar, send a copy of that judgment or order to the Registrar. R.S., 1985, c. T-13, s. 61; 2002, c. 8, s. 177; 2014, c. 20, ss. 355, 361(E); 2017, c. 6, s. 74. General Administration 62 This Act shall be administered by the Minister of Industry. R.S., 1985, c. T-13, s. 62; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62. Registrar 63 (1) There shall be a Registrar of Trademarks, who shall be the Commissioner of Patents appointed under subsection 4(1) of the Patent Act. The Registrar shall be responsible to the Deputy Minister of Industry. Acting registrar (2) When the Registrar is absent or unable to act or when the office of Registrar is vacant, his powers shall be exercised and his duties and functions performed in the capacity of acting registrar by such other officer as may be designated by the Minister of Industry. Assistants (3) The Registrar may, after consultation with the Minister, delegate to any person he deems qualified any of his Current to June 20, 2022 Last amended on June 20, 2022 Trademarks General Sections 63-65 powers, duties and functions under this Act, except the power to delegate under this subsection. Appeal (4) Any decision under this Act of a person authorized to make the decision pursuant to subsection (3) may be appealed in the like manner and subject to the like conditions as a decision of the Registrar under this Act. R.S., 1985, c. T-13, s. 63; 1992, c. 1, s. 145(F); 1995, c. 1, s. 62; 2014, c. 20, ss. 361(E), 370. Electronic form and means 64 (1) Subject to the regulations, any document, information or fee that is provided to the Registrar under this Act may be provided in any electronic form, and by any electronic means, that is specified by the Registrar. Collection, storage, etc. (2) Subject to the regulations, the Registrar may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information. Definition (3) In this section, electronic, in reference to a form or means, includes optical, magnetic and other similar forms or means. R.S., 1985, c. T-13, s. 64; 2014, c. 20, s. 356. Regulations 65 The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations (a) respecting the form of the register to be kept under this Act, and of the entries to be made in it; (b) respecting applications to the Registrar and the processing of those applications; (c) respecting the manner in which the goods or services referred to in paragraph 30(2)(a) are to be described; (d) respecting the merger of registrations under paragraph 41(1)(f), including, for the purpose of renewal under section 46, the deemed day of registration or last renewal; Current to June 20, 2022 Last amended on June 20, 2022 Trademarks General Sections 65-65.1 (e) respecting the recording or registration of transfers, licences, disclaimers, judgments documents relating to any trademark; or other (f) [Repealed, 2018, c. 27, s. 258] (g) respecting certificates of registration; (h) respecting the procedure by and form in which an application may be made to the Minister, as defined in section 11.11, requesting the Minister to publish a statement referred to in subsection 11.12(2); (i) respecting proceedings under sections 38 and 45, including documents relating to those proceedings; (j) respecting the payment of fees to the Registrar, the amount of those fees and the circumstances in which any fees previously paid may be refunded in whole or in part; (j.1) authorizing the Registrar to waive, subject to any prescribed terms and conditions, the payment of a fee if the Registrar is satisfied that the circumstances justify it; (k) respecting the provision of documents and information to the Registrar, including the time at which they are deemed to be received by the Registrar; (l) respecting communications between the Registrar and any other person; (m) respecting the grouping of goods or services according to the classes of the Nice Classification and the numbering of those classes; and (n) prescribing anything that by this Act is to be prescribed. R.S., 1985, c. T-13, s. 65; 1993, c. 15, s. 70; 1994, c. 47, s. 201; 2014, c. 20, s. 357, c. 32, s. 50; 2015, c. 36, s. 67, 2018, c. 27, s. 258; 2018, c. 27, s. 261; 2018, c. 27, s. 262. Regulations — Madrid Protocol and Singapore Treaty 65.1 The Governor in Council may make regulations for carrying into effect (a) despite anything in this Act, the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, adopted at Madrid on June 27, 1989, including any amendments, modifications and revisions made from time to time to which Canada is a party; and (b) the Singapore Treaty on the Law of Trademarks, done at Singapore on March 27, 2006, including any Current to June 20, 2022 Last amended on June 20, 2022 Trademarks General Sections 65.1-67 amendments and revisions made from time to time to which Canada is a party. 2014, c. 20, s. 358. Regulations 65.2 The Governor in Council may make regulations (a) respecting the list to be kept under subsection 11.12(1), including information relating to the listed geographical indications and translations to be included on the list; and (b) respecting proceedings under section 11.13, including documents relating to those proceedings. 2017, c. 6, s. 75. Time period extended 66 (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Registrar, that time period is extended to the next day that is not a prescribed day or a designated day. Power to designate day (2) The Registrar may, on account of unforeseen circumstances and if the Registrar is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Registrar shall inform the public of that fact on the website of the Canadian Intellectual Property Office. R.S., 1985, c. T-13, s. 66; 2015, c. 36, s. 68. Newfoundland Registration of trademark before April 1, 1949 67 (1) The registration of a trademark under the laws of Newfoundland before April 1, 1949 has the same force and effect in the Province of Newfoundland as if Newfoundland had not become part of Canada, and all rights and privileges acquired under or by virtue of those laws may continue to be exercised or enjoyed in the Province of Newfoundland as if Newfoundland had not become part of Canada. Applications for trademarks pending April 1, 1949 (2) The laws of Newfoundland as they existed immediately before April 1, 1949 continue to apply in respect of applications for the registration of trademarks under the laws of Newfoundland pending at that time and any trademarks registered under those applications shall, for the purposes of this section, be deemed to have been Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Newfoundland Sections 67-68.1 registered under the laws of Newfoundland before April 1, 1949. 1993, c. 15, s. 71; 2014, c. 20, s. 361(E). Use of trademark or trade name before April 1, 1949 68 For the purposes of this Act, the use or making known of a trademark or the use of a trade name in Newfoundland before April 1, 1949 shall not be deemed to be a use or making known of such trademark or a use of such trade name in Canada before that date. 1993, c. 15, s. 71; 2014, c. 20, s. 361(E); 2014, c. 20, s. 362(E). Transitional Provisions Use of the indication “Beaufort” 68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013. Use of the indication “Nürnberger Bratwürste” (2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013. Use of the indication “Jambon de Bayonne” (3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Transitional Provisions Sections 68.1-70 Restriction (4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both. 2017, c. 6, s. 76. Non-application of paragraph 38(2)(a.1) 68.2 No person shall oppose an application for registration of a trademark on the ground set out in paragraph 38(2)(a.1) if the application was advertised under subsection 37(1) before the day on which that paragraph comes into force. 2018, c. 27, s. 229. 69 [Repealed, 2014, c. 20, s. 358.2] Application not advertised 69.1 An application for registration in respect of which all of the items set out in subsection 33(1), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1, have been received by the Registrar before the day on which that section 339 comes into force, and that has not been advertised under subsection 37(1) before that day shall be dealt with and disposed of in accordance with (a) the provisions of this Act other than section 31, subsection 33(1) and section 34, as enacted or amended by the Economic Action Plan 2014 Act, No. 1; and (b) section 34, as it read immediately before the day on which section 339 of the Economic Action Plan 2014 Act, No. 1 comes into force. 2014, c. 20, ss. 359, 367. Application advertised 70 (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66; (b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Transitional Provisions Sections 70-73 as enacted by the Economic Action Plan 2014 Act, No. 1; (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1. Regulations (2) For greater certainty, a regulation made under this Act applies to an application referred to in subsection (1), unless the regulation provides otherwise. Nice Classification (3) Despite subsection (1), the Registrar may require an applicant to amend the statement of goods or services contained in an application referred to in subsection (1) so that the goods or services are grouped in the manner described in subsection 30(3), as enacted by section 339 of the Economic Action Plan 2014 Act, No. 1. Disagreement (4) Any question arising as to the class within which any goods or services are to be grouped shall be determined by the Registrar, whose determination is not subject to appeal. 2014, c. 20, ss. 359, 367; 2015, c. 36, s. 70; 2018, c. 27, s. 230; 2018, c. 27, s. 263. Declaration of use 71 For greater certainty, an applicant is not required to submit a declaration of use referred to in subsection 40(2), as that subsection read immediately before the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in order for the Registrar to register the trademark and issue a certificate of registration. 2014, c. 20, ss. 359, 367. Registered trademarks — applications filed before coming into force 72 Any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered on or after that day on the basis of an application filed before that day, shall be dealt with and disposed of in accordance with the provisions of this Act. 2014, c. 20, ss. 359, 367. Registered trademarks 73 (1) Subject to subsections (2) to (4), any matter arising on or after the day on which section 345 of the Economic Action Plan 2014 Act, No. 1 comes into force, in respect of a trademark registered before that day, shall be dealt with and disposed of in accordance with the provisions of this Act. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks Transitional Provisions Section 73 Application of paragraph 26(2)(e.1) (2) Paragraph 26(2)(e.1) does not apply to a trademark referred to in subsection (1) unless the register is amended under section 44.1. Amending register (3) The Registrar may amend the register kept under section 26 to reflect the amendments to this Act that are made by the Economic Action Plan 2014 Act, No. 1. Subsection 46(1) (4) Subsection 46(1), as it read immediately before the day on which section 350 of the Economic Action Plan 2014 Act, No. 1 comes into force, continues to apply to a registration that is on the register on the day before the day on which that section comes into force until the registration is renewed. 2014, c. 20, ss. 359, 367. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE SCHEDULE (Section 2, subsection 11.11(1), paragraphs 11.12(3)(b.1) and (3.1)(c) paragraph 11.17(5)(a), subsections 11.17(6) and (7), section 11.24, pa 68.1(1) to (3)) Categories of Agricultural Produ Item 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Categories* Fresh, frozen and processed meats: produ Dry-cured meats: dry-cured meats product Fresh, frozen and processed fish products: 16.04 or 16.05 Butter: products falling under heading 04.0 Cheeses: products falling under heading 0 Fresh and processed vegetable products: p containing vegetables falling under Chapt Fresh and processed fruits and nuts: produ fruits or nuts falling under Chapter 20 Spices: products falling under Chapter 9 Cereals: products falling under Chapter 10 Products of the milling industry: products Oilseeds: products falling under Chapter 1 Hops: products falling under heading 12.1 Ginseng: ginseng products falling under h Beverages from plant extracts: products fa Oils and animal fats: products falling unde Confectionery and baked products: produc Sugars and syrups: products falling under Pasta: products falling under heading 19.0 Table and processed olives: products fallin Mustard paste: products falling under sub Beer: products falling under heading 22.03 Vinegar: products falling under heading 22 Essential oils: products falling under head Natural gums and resins – chewing gum: p All references in this schedule to chapters and headings are refer Description and Coding System as it read on October 30, 2016. * 2017, c. 6, s. 77. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE (French) ANNEXE (article 2, paragraphe 11.11(1), alinéas 11.12(3)b.1) et (3.1)c) et 11.15( paragraphes 11.17(6) et (7), article 11.24, alinéas 12(1)h.1) et 51.02b) Catégories de produits agricoles Article 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Catégories* Viandes fraîches, congelées et transformé positions 16.01 ou 16.02 Viandes salées à sec : produits de viandes positions 16.01 ou 16.02 Produits de poissons frais, congelés et tra positions 16.03, 16.04 ou 16.05 Beurre : produits mentionnés à la position Fromages : produits mentionnés à la posit Produits de légumes frais et transformés : contenant des légumes mentionnés au ch Fruits et noix frais et transformés : produit fruits ou des noix mentionnés au chapitre Épices : produits mentionnés au chapitre 9 Céréales : produits mentionnés au chapitr Produits de l’industrie meunière : produits Oléagineux : produits mentionnés au chap Houblon : produits mentionnés à la positio Ginseng : produits du ginseng mentionnés Boissons d’extraits végétaux : produits me Huiles végétales et graisses animales : pro Produits de confiserie et de boulangerie : p ou 19.05 Sirop et sucre : produits mentionnés à la p Pâtes : produits mentionnés à la position 1 Olives de table et transformées : produits Pâte de moutarde : produits mentionnés à Bière : produits mentionnés à la position 2 Vinaigre : produits mentionnés à la positio Huiles essentielles : produits mentionnés à Gommes et résines naturelles : produits m Dans cette annexe, tous les renvois à un chapitre ou une position de désignation et de codification des marchandises, dans sa version * 2017, ch. 6, art. 77. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks RELATED PROVISIONS RELATED PROVISIONS — 1992, c. 1, s. 135 (2), as amended by 2014, c. 20, s. 361 (E) Transitional 135 (2) Where a notice was sent under subsection 46(2) of the said Act before the coming into force of subsection (1), the renewal of the registration of the trademark shall be dealt with and disposed of as if subsection (1) had not come into force. — 2014, c. 32, s. 57, as amended by 2014, c. 20, s. 361 (E) Amending the register 57 The Registrar of Trademarks may amend the register kept under section 26 of the Trademarks Act to reflect the amendments to that Act that are made by this Act. — 2017, c. 6, s. 114, as amended by 2014, c. 20, s. 361 (E) Definition of Act 114 In sections 115 and 116, Act means the Trademarks Act. — 2017, c. 6, s. 115 Indications in Schedule 115 (1) Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar, as defined in section 2 of the Act, must, as soon as feasible after this section comes into force, enter the indications set out in Schedule 6 to this Act on the list of geographical indications kept under subsection 11.12(1) of the Act. Deemed entered on list (2) Those indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force. For greater certainty (3) For greater certainty, the Registrar is not required to enter those translations on the list. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 Geographical indications (4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act. Acquired rights (5) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to those indications, as a reference to “the day on which this section comes into force”. Indication “Feta” (6) For the purpose of section 11.22 of the Act, the indication “Feta” is deemed to be listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, to the extent that the indication “Φέτα” (Feta) remains listed in that Part A of Annex 20-A of that Agreement. — 2017, c. 6, Sch. 6 SCHEDULE 6 (Subsection 115(1)) Indications Column 1 Item 1 2 3 4 5 Indication České pivo Žatecký Chmel Hopfen aus der Hallertau Nürnberger Bratwürste Nürnberger Rostbratwürste Schwarzwälder Schinken Aachener Printen Nürnberger Lebkuchen Current to June 20, 2022 Last amended on June 20, 2022 Column 2 Transliteration (for information purposes only) Trademarks SCHEDULE 6 Column 1 Column 2 Transliteration (for information purposes only) Item 9 Indication Lübecker Marzipan Bremer Klaben 11 12 13 14 Hessischer Handkäse Hessischer Handkäs Tettnanger Hopfen Spreewälder Gurken 15 16 Danablu Ελιά Καλαμάτας Elia Kalamatas Μαστίχα Χίου Masticha Chiou 18 19 20 21 Feta Φέτα Feta Ελαιόλαδο Καλαμάτας Ελαιόλαδο Κολυμβάρι Χανίων Κρήτης Ελαιόλαδο Σητείας Λασιθίου Κρήτης Ελαιόλαδο Λακωνία Κρόκος Κοζάνης Κεφαλογραβιέρα Γραβιέρα Κρήτης Γραβιέρα Νάξου Μανούρι Κασέρι Φασόλια Γίγαντες Ελέφαντες Καστοριάς Φασόλια Γίγαντες Ελέφαντες Πρεσπών Φλώρινας Κονσερβολιά Αμφίσσης Elaiolado Kalamata Elaiolado Kolymvari Chanion Kritis Elaiolado Sitia Lasithio Kritis Elaiolado Lakonia Krokos Kozanis Kefalograviera Graviera Kritis Graviera Naxou Manouri Kasseri Fassolia Gigantes Elefantes Kastorias Fassolia Gigantes Elefantes Prespon Florinas Konservolia Amfissis Λουκούμι Γεροσκήπου Loukoumi Geroskipou 34 35 36 Baena Sierra Mágina Aceite del Baix EbreMontsía Oli del Baix EbreMontsía Aceite del Bajo Aragón 22 23 24 25 26 27 28 29 30 31 37 38 Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 Column 1 Item 39 40 41 42 43 44 45 46 47 48 49 Indication Antequera Priego de Córdoba Sierra de Cádiz Sierra de Segura Sierra de Cazorla Siurana Aceite de Terra Alta Oli de Terra Alta Les Garrigues Estepa Guijuelo Jamón de Huelva Jamón de Teruel Salchichón de Vic Llonganissa de Vic 54 55 56 Mahón-Menorca Queso Manchego Cítricos Valencianos Cîtrics Valancians Jijona Turrón de Alicante 60 61 62 63 64 65 Azafrán de la Mancha Comté Reblochon Reblochon de Savoie Roquefort Camembert de Normandie Brie de Meaux Emmental de Savoie Pruneaux d’Agen 66 67 68 69 Column 2 Transliteration (for information purposes only) Pruneaux d’Agen micuits Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 Column 1 Item 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Indication Huîtres de MarennesOléron Canards à foie gras du Sud-Ouest: Chalosse Canards à foie gras du Sud-Ouest: Gascogne Canards à foie gras du Sud-Ouest: Gers Canards à foie gras du Sud-Ouest: Landes Canards à foie gras du Sud-Ouest: Périgord Canards à foie gras du Sud-Ouest: Quercy Jambon de Bayonne Huile d’olive de HauteProvence Huile essentielle de lavande de HauteProvence Morbier Epoisses Beaufort Maroilles Marolles Munster Munster Géromé Fourme d’Ambert Abondance Bleu d’Auvergne Livarot Cantal Fourme de Cantal Cantalet Petit Cantal Tomme de Savoie Pont-L’Evêque Neufchâtel Chabichou du Poitou Crottin de Chavignol Saint-Nectaire Piment d’Espelette Current to June 20, 2022 Last amended on June 20, 2022 Column 2 Transliteration (for information purposes only) Trademarks SCHEDULE 6 Column 1 Item 102 Indication Lentille verte du Puy Aceto balsamico Tradizionale di Modena Aceto balsamico di Modena Cotechino Modena Zampone Modena Bresaola della Valtellina Mortadella Bologna 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 Prosciutto di Parma Prosciutto di S. Daniele Prosciutto Toscano Prosciutto di Modena Provolone Valpadana Taleggio Asiago Fontina Gorgonzola Grana Padano Mozzarella di Bufala Campana Parmigiano Reggiano Pecorino Romano Pecorino Sardo Pecorino Toscano Arancia Rossa di Sicilia Cappero di Pantelleria Kiwi Latina 127 128 Lenticchia di Castelluccio di Norcia Mela Alto Adige Südtiroler Apfel Pesca e nettarina di Romagna Current to June 20, 2022 Last amended on June 20, 2022 Column 2 Transliteration (for information purposes only) Trademarks SCHEDULE 6 Column 1 Item 131 Indication Pomodoro di Pachino Radicchio Rosso di Treviso Ricciarelli di Siena 133 134 135 Riso Nano Vialone Veronese Speck Alto Adige Südtiroler Markenspeck Südtiroler Speck 138 139 140 141 Veneto Valpolicella Veneto Euganei e Berici Veneto del Grappa Culatello di Zibello Garda Lardo di Colonnata Szegedi téliszalámi Szegedi szalámi Tiroler Speck Steirischer Kren 148 149 150 151 Steirisches Kürbiskernöl Queijo S. Jorge Azeite de Moura Azeites de Trás-osMontes Azeite do Alentejo Interior Azeites da Beira Interior Azeites do Norte Alentejano Azeites do Ribatejo Pêra Rocha do Oeste 152 153 154 155 156 Current to June 20, 2022 Last amended on June 20, 2022 Column 2 Transliteration (for information purposes only) Trademarks SCHEDULE 6 (French) Column 1 Item 157 Indication Ameixa d’Elvas Ananás dos Açores / S. Miguel Chouriça de carne de Vinhais Linguiça de Vinhais Chouriço de Portalegre Presunto de Barrancos 163 164 165 Queijo Serra da Estrela Queijos da Beira Baixa Queijo de Castelo Branco Queijo Amarelo da Beira Baixa Queijo Picante da Beira Baixa Salpicão de Vinhais 169 170 171 Gouda Holland Edam Holland Kalix Löjrom Magiun de prune Topoloveni 166 167 Column 2 Transliteration (for information purposes only) ANNEXE 6 (paragraphe 115(1)) Indications Colonne 1 Article 1 2 3 Indication České pivo Žatecký Chmel Hopfen aus der Hallertau Current to June 20, 2022 Last amended on June 20, 2022 Colonne 2 Translittération (à titre informatif seulement) Trademarks SCHEDULE 6 (French) Colonne 1 Colonne 2 Translittération (à titre informatif seulement) Article 4 Indication Nürnberger Bratwürste Nürnberger Rostbratwürste Schwarzwälder Schinken Aachener Printen 8 9 Nürnberger Lebkuchen Lübecker Marzipan Bremer Klaben 11 12 13 14 Hessischer Handkäse Hessischer Handkäs Tettnanger Hopfen Spreewälder Gurken 15 16 Danablu Ελιά Καλαμάτας Elia Kalamatas Μαστίχα Χίου Masticha Chiou 18 19 20 Φέτα Feta Feta Ελαιόλαδο Καλαμάτας Elaiolado Kalamata Ελαιόλαδο Κολυμβάρι Χανίων Κρήτης Ελαιόλαδο Σητείας Λασιθίου Κρήτης Ελαιόλαδο Λακωνία Elaiolado Kolymvari Chanion Kritis Elaiolado Sitia Lasithio Kritis Elaiolado Lakonia Κρόκος Κοζάνης Κεφαλογραβιέρα Γραβιέρα Κρήτης Γραβιέρα Νάξου Μανούρι Κασέρι Φασόλια Γίγαντες Ελέφαντες Καστοριάς Krokos Kozanis Kefalograviera Graviera Kritis Graviera Naxou Manouri Kasseri Fassolia Gigantes Elefa Kastorias 22 23 24 25 26 27 28 29 30 Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) Colonne 1 Article 31 Indication Φασόλια Γίγαντες Ελέφαντες Πρεσπών Φλώρινας Κονσερβολιά Αμφίσσης Λουκούμι Γεροσκήπου Baena Sierra Mágina Aceite del Baix EbreMontsía Oli del Baix EbreMontsía Aceite del Bajo Aragón Antequera Priego de Córdoba Sierra de Cádiz Sierra de Segura Sierra de Cazorla Siurana Aceite de Terra Alta Oli de Terra Alta Les Garrigues Estepa Guijuelo Jamón de Huelva Jamón de Teruel 37 38 Current to June 20, 2022 Last amended on June 20, 2022 Colonne 2 Translittération (à titre informatif seulement) Fassolia Gigantes Elefa Prespon Florinas Konservolia Amfissis Loukoumi Geroskipou Trademarks SCHEDULE 6 (French) Colonne 1 Article 52 Indication Salchichón de Vic Llonganissa de Vic 54 55 56 Mahón-Menorca Queso Manchego Cítricos Valencianos Cîtrics Valancians Jijona Turrón de Alicante 60 61 62 63 64 65 Azafrán de la Mancha Comté Reblochon Reblochon de Savoie Roquefort Camembert de Normandie Brie de Meaux Emmental de Savoie Pruneaux d’Agen 66 67 68 69 70 Colonne 2 Translittération (à titre informatif seulement) Pruneaux d’Agen micuits Huîtres de MarennesOléron Canards à foie gras du Sud-Ouest : Chalosse Canards à foie gras du Sud-Ouest : Gascogne Canards à foie gras du Sud-Ouest : Gers Canards à foie gras du Sud-Ouest : Landes Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) Colonne 1 Article 75 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Colonne 2 Translittération (à titre Indication informatif seulement) Canards à foie gras du Sud-Ouest : Périgord Canards à foie gras du Sud-Ouest : Quercy Jambon de Bayonne Huile d’olive de Haute-Provence Huile essentielle de lavande de HauteProvence Morbier Epoisses Beaufort Maroilles Marolles Munster Munster Géromé Fourme d’Ambert Abondance Bleu d’Auvergne Livarot Cantal Fourme de Cantal Cantalet Petit Cantal Tomme de Savoie Pont-L’Evêque Neufchâtel Chabichou du Poitou Crottin de Chavignol Saint-Nectaire Piment d’Espelette Lentille verte du Puy Aceto balsamico Tradizionale di Modena Aceto balsamico di Modena Cotechino Modena Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) Colonne 1 Article 106 Indication Zampone Modena Bresaola della Valtellina Mortadella Bologna 109 110 Prosciutto di Parma Prosciutto di S. Daniele Prosciutto Toscano Prosciutto di Modena Provolone Valpadana Taleggio Asiago Fontina Gorgonzola Grana Padano Mozzarella di Bufala Campana Parmigiano Reggiano Pecorino Romano Pecorino Sardo Pecorino Toscano Arancia Rossa di Sicilia Cappero di Pantelleria Kiwi Latina 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 Lenticchia di Castelluccio di Norcia Mela Alto Adige Südtiroler Apfel Pesca e nettarina di Romagna Pomodoro di Pachino 131 132 Colonne 2 Translittération (à titre informatif seulement) Radicchio Rosso di Treviso Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) Colonne 1 Article 133 Indication Ricciarelli di Siena Riso Nano Vialone Veronese Speck Alto Adige Südtiroler Markenspeck Südtiroler Speck Veneto Valpolicella 139 140 Veneto Euganei e Berici Veneto del Grappa Culatello di Zibello Garda Lardo di Colonnata Szegedi téliszalámi Szegedi szalámi Tiroler Speck Steirischer Kren Steirisches Kürbiskernöl Queijo S. Jorge Azeite de Moura 149 150 151 Colonne 2 Translittération (à titre informatif seulement) Azeites de Trás-osMontes Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) Colonne 1 Article 152 Indication Azeite do Alentejo Interior Azeites da Beira Interior Azeites do Norte Alentejano Azeites do Ribatejo Pêra Rocha do Oeste Ameixa d’Elvas Ananás dos Açores / S. Miguel Chouriça de carne de Vinhais 153 154 Linguiça de Vinhais Chouriço de Portalegre Presunto de Barrancos Queijo Serra da Estrela Queijos da Beira Baixa Queijo de Castelo Branco Queijo Amarelo da Beira Baixa Queijo Picante da Beira Baixa Salpicão de Vinhais 169 170 171 Gouda Holland Edam Holland Kalix Löjrom Magiun de prune Topoloveni 164 165 166 167 Current to June 20, 2022 Last amended on June 20, 2022 Colonne 2 Translittération (à titre informatif seulement) Trademarks SCHEDULE 6 (French) — 2017, c. 6, s. 116 Additional indications 116 (1) On the publication of a statement by the Minister, as defined in section 11.11 of the Act, that a geographical indication has been added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016, the Registrar, as defined in section 2 of the Act, must, despite subsection 11.12(2) and section 11.13 of the Act, enter the indication on the list kept under subsection 11.12(1) of the Act. Information in statement (2) The Minister’s statement must set out the information described in paragraphs 11.12(3)(b) to (d) and (f) of the Act in respect of the indication. Deemed entered on list (3) The indication and all translations of the indication are deemed to have been entered on the list on the date on which the indication is added to Part A of Annex 20-A of Chapter Twenty of that Agreement. For greater certainty (4) For greater certainty, the Registrar is not required to enter those translations on the list. Geographical indication (5) The indication, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of the Act. Acquired rights (6) For the purpose of subsection 11.2(3) of the Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication, as a reference to “the date on which the indication is added to Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016”. — 2017, c. 6, s. 132, as amended by 2014, c. 20, s. 361 (E) Korean indications 132 (1) Despite subsection 11.12(2) and section 11.13 of the Trademarks Act, the Registrar, as defined in section Current to June 20, 2022 Last amended on June 20, 2022 Trademarks SCHEDULE 6 (French) 2 of that Act, must, as soon as practicable after this subsection comes into force, enter all of the following indications on the list of geographical indications kept under subsection 11.12(1) of that Act: (a) GoryeoHongsam; (b) GoryeoBaeksam; (c) GoryeoSusam; (d) IcheonSsal; (e) ginseng rouge de Corée; (f) ginseng blanc de Corée; (g) ginseng frais de Corée; (h) riz Icheon; (i) Korean Red Ginseng; (j) Korean White Ginseng; (k) Korean Fresh Ginseng; (l) Icheon Rice. Deemed entry on list (2) The indications and all translations of those indications are deemed to have been entered on the list on the day on which this section comes into force. For greater certainty (3) For greater certainty, the Registrar is not required to enter those translations on the list. Geographical indications (4) Each of those indications, to the extent that it remains on the list, is deemed to be a geographical indication as defined in section 2 of that Act. Acquired rights — Canada–Korea (5) For the purpose of subsection 11.2(3) of that Act, the reference to “the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1)” is to be read, with respect to the indication listed in section 11.23, as a reference to “January 1, 2015”. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2018, c. 27, s. 215 215 Section 9 of the Act is amended by adding the following after subsection (2): For greater certainty (3) For greater certainty, and despite any public notice of adoption and use given by the Registrar under paragraph (1)(n), subparagraph (1)(n)(iii) does not apply with respect to a badge, crest, emblem or mark if the entity that made the request for the public notice is not a public authority or no longer exists. Notice of non-application (4) In the circumstances set out in subsection (3), the Registrar may, on his or her own initiative or at the request of a person who pays a prescribed fee, give public notice that subparagraph (1)(n)(iii) does not apply with respect to the badge, crest, emblem or mark. — 2018, c. 27, s. 216 216 The Act is amended by adding the following after section 11: Exception 11.01 Despite section 11, a person may use a badge, crest, emblem or mark described in subparagraph 9(1)(n)(iii) if, at the time of use, the entity that made the request for a public notice under paragraph 9(1)(n) with respect to the badge, crest, emblem or mark is not a public authority or no longer exists. — 2018, c. 27, s. 217 217 (1) Section 11.13 of the Act is amended by adding the following after subsection (6.1): Withdrawal of objection (6.2) If, in the opinion of the Registrar, an objector is in default in the continuation of an objection, the Registrar may, after giving notice to the objector of the default, treat the objection as withdrawn unless the default is remedied within the time specified in the notice. (2) Section 11.13 of the Act is amended by adding the following after subsection (8): Current to June 20, 2022 Last amended on June 20, 2022 Trademarks AMENDMENTS NOT IN FORCE Costs (9) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section. Order of Federal Court (10) A certified copy of an order made under subsection (9) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. — 2018, c. 27, s. 219 219 The Act is amended by adding the following after section 36: Withdrawal of opposition 36.1 If, in the opinion of the Registrar, an opponent is in default in the continuation of an opposition referred to in section 38, the Registrar may, after giving notice to the opponent of the default, treat the opposition as withdrawn unless the default is remedied within the time specified in the notice. — 2018, c. 27, s. 221 221 The Act is amended by adding the following after section 38: Costs 38.1 (1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under section 38. Order of Federal Court (2) A certified copy of an order made under subsection (1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. — 2018, c. 27, s. 222 222 Section 45 of the Act is amended by adding the following after subsection (4): Costs (4.1) Subject to the regulations, the Registrar may, by order, award costs in a proceeding under this section. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks AMENDMENTS NOT IN FORCE Order of Federal Court (4.2) A certified copy of an order made under subsection (4.1) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. — 2018, c. 27, s. 223 223 The Act is amended by adding the following after section 45: Confidentiality Orders Request to keep evidence confidential 45.1 (1) A party to a proceeding under section 11.13, 38 or 45 may make a request to the Registrar, in accordance with the regulations, that some or all of the evidence that they intend to submit to the Registrar be kept confidential. Restriction (2) The Registrar shall not consider a request if the party who makes it submits the evidence to the Registrar before the Registrar either gives notice under subsection (3) or makes an order under subsection (4). Registrar not satisfied (3) If the Registrar is not satisfied that the evidence should be kept confidential, the Registrar shall notify the party who made the request accordingly. Confidentiality order (4) If the Registrar is satisfied that the evidence should be kept confidential, he or she may, on any terms that he or she considers appropriate, order that the evidence be kept confidential. Consequences of order (5) If the Registrar makes an order under subsection (4), (a) the party who made the request may submit the evidence to the Registrar and, if it is submitted, shall serve it on the other party in accordance with the order; (b) subsections 11.13(5.1), 38(9) and 45(2.1) do not apply with respect to the evidence; (c) section 29 does not apply to the evidence; and (d) the Registrar shall take measures to ensure that the evidence is kept confidential when the evidence or Current to June 20, 2022 Last amended on June 20, 2022 Trademarks AMENDMENTS NOT IN FORCE a copy of the evidence is transmitted to the Federal Court under section 60. Order of Federal Court (6) A certified copy of an order made under subsection (4) may be filed in the Federal Court and, on being filed, the order becomes and may be enforced as an order of that Court. — 2018, c. 27, s. 225 225 Section 53.2 of the Act is amended by adding the following after subsection (1): Exception (1.1) If, within a period of three years beginning on the date of registration of a trademark, the owner of the registered trademark makes an application claiming that an act has been done contrary to section 19, 20 or 22, the owner is not entitled to relief unless the trademark was in use in Canada at any time during that period or special circumstances exist that excuse the absence of use in Canada during that period. — 2018, c. 27, s. 226 226 Subsection 56(5) of the Act is replaced by the following: Additional evidence (5) If, on an appeal under subsection (1), the Federal Court grants leave to adduce evidence in addition to that adduced before the Registrar, the Court may exercise, with respect to that additional evidence, any discretion vested in the Registrar. — 2018, c. 27, s. 227 227 Section 65 of the Act is amended by striking out “and” at the end of paragraph (m) and by replacing paragraph (n) with the following: (n) respecting the awarding of costs under subsections 11.13(9), 38.1(1) and 45(4.1); (o) respecting requests made under subsection 45.1(1); and (p) prescribing anything that by this Act is to be prescribed. Current to June 20, 2022 Last amended on June 20, 2022 Trademarks AMENDMENTS NOT IN FORCE — 2018, c. 27, s. 228 228 The Act is amended by adding the following after section 65.2: Case management 65.3 (1) For greater certainty, the Governor in Council may make regulations under paragraphs 65(i) and 65.2(b) respecting the case management by the Registrar of proceedings referred to in those paragraphs. Time or manner (2) The Governor in Council may make regulations authorizing the Registrar to fix, despite any time or manner that is provided for under this Act with respect to any of the proceedings referred to in subsection (1), the time by which or the manner in which any step in a case-managed proceeding is to be completed and, in that case, the provisions of this Act and the regulations apply with respect to the proceeding with any modifications that the circumstances require. — 2018, c. 27, ss. 239 (1), (4) 2015, c. 36. 239 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1. (4) On the first day on which both subsection 70(7) of the other Act has produced its effects and section 215 of this Act is in force, subsection 70(1) of the Trade-marks Act is amended by, if necessary, striking out “and” at the end of paragraph (b) and adding “and” at the end of paragraph (c) and by adding the following after paragraph (c): (d) subsections 9(3) and (4), sections 36.1, 38.1 and 45.1, and subsection 56(5), as enacted by the Budget Implementation Act, 2018, No. 2. Current to June 20, 2022 Last amended on June 20, 2022

CONSOLIDATION Textile Labelling Act R.S.C., 1985, c. T-10 Current to June 20, 2022 Last amended on June 21, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 21, 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 21, 2019 TABLE OF PROVISIONS An Act respecting the labelling, sale, importation and advertising of consumer textile articles Short Title 1 Short title Interpretation 2 Definitions Prohibitions 3 Prohibition respecting consumer textile articles Prohibition respecting advertising Representations relating to consumer textile articles Labels 6 Label containing representation respecting textile fibre content Analysts 7 Designation of analysts by Commissioner Enforcement 8 Powers of inspectors Obstruction Seizure Regulations 11 Regulations Offence and Punishment 12 Contravention of sections 3 to 5 Offence by employee or agent or mandatary Certificate of analyst Identification appearing in labels Forfeiture Articles received or in transit before contravened regulation in force Current to June 20, 2022 Last amended on June 21, 2019 ii R.S.C., 1985, c. T-10 An Act respecting the labelling, sale, importation and advertising of consumer textile articles Short Title Short title 1 This Act may be cited as the Textile Labelling Act. R.S., c. 46(1st. Supp.), s. 1. Interpretation Definitions 2 In this Act, advertise means make any representation to the public by any means whatever, except a representation on a label, for the purpose of promoting directly or indirectly the sale of a textile fibre product; (publicité ou annonce) analyst means a person designated as an analyst by the Commissioner pursuant to section 7; (analyste) apply means, in respect of a label, to attach to, imprint on, include in or cause to accompany in any other way a textile fibre product; (Version anglaise seulement) Commissioner means the Commissioner of Competition appointed under the Competition Act; (commissaire) consumer textile article means (a) any textile fibre, yarn or fabric, or (b) any product made in whole or in part from a textile fibre, yarn or fabric that is in the form in which it is or is to be sold to any person for consumption or use, other than consumption Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Interpretation Sections 2-3 or use in the manufacturing, processing or finishing of any product for sale; (article textile de consommation) dealer means a person who is a manufacturer, processor or finisher of a textile fibre product or a person who is engaged in the business of importing or selling any textile fibre product; (fournisseur) fabric means any material woven, knitted, crocheted, knotted, braided, felted, bonded, laminated or otherwise produced from, or in combination with, a textile fibre; (tissu) inspector means a person designated as an inspector pursuant to the Department of Industry Act for the purpose of the enforcement of this Act; (inspecteur) label means any label, mark, sign, device, imprint, stamp, brand or ticket; (Version anglaise seulement) Minister means the Minister of Industry; (ministre) prescribed means prescribed by the regulations; (Version anglaise seulement) sell includes (a) offer for sale, expose for sale and have in possession for sale, and (b) display in such manner as to lead to a reasonable belief that the product so displayed is intended for sale; (vendre) textile fibre means any natural or manufactured matter that is capable of being made into a yarn or fabric and, without limiting the generality of the foregoing, includes human hair, kapok, feathers and down and animal hair or fur that has been removed from an animal skin; (fibre textile) textile fibre product means (a) any consumer textile article, or (b) any textile fibre, yarn or fabric used or to be used in a consumer textile article. (produit de fibres textiles) R.S., 1985, c. T-10, s. 2; 1992, c. 1, s. 145(F); 1995, c. 1, ss. 62, 63; 1999, c. 2, ss. 52, 53. Prohibitions Prohibition respecting consumer textile articles 3 No dealer shall sell, import into Canada or advertise Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Prohibitions Sections 3-5 (a) a prescribed consumer textile article unless the article has applied to it a label containing a representation with respect to the textile fibre content of the article; or (b) any consumer textile article that has applied to it a label containing a representation with respect to the textile fibre content of the article unless the label is applied to it in accordance with and complies with all applicable provisions of this Act. R.S., c. 46(1st Supp.), s. 3. Prohibition respecting advertising 4 No dealer shall, in advertising a consumer textile article, make any representation with respect to the textile fibre content of the article except in accordance with the regulations. R.S., c. 46(1st Supp.), s. 4. Representations relating to consumer textile articles 5 (1) No dealer shall apply to a consumer textile article a label, or sell, import into Canada or advertise a consumer textile article that has applied to it a label containing any false or misleading representation that relates to or may reasonably be regarded as relating to the article. Representations relating to textile fibre products (2) No dealer shall, by means of a label, advertising or otherwise, make any false or misleading representation that relates to or may reasonably be regarded as relating to a textile fibre product. Definition of “false or misleading representation” (3) For the purposes of this section, false or misleading representation includes (a) any representation in which expressions, words, figures, depictions or symbols are arranged or shown in a manner that may reasonably be regarded as likely to deceive any person with respect to textile fibre content; (b) any expression, word, figure, depiction or symbol that implies or may reasonably be regarded as implying that a textile fibre product contains any fibre, fur or hair not contained in the product; and (c) any description of the type, quality, performance, origin or method of manufacture or production of a textile fibre product that may reasonably be regarded as likely to deceive any person with respect to the matter so described. R.S., c. 46(1st Supp.), s. 5. Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Prohibitions Sections 5-8 Labels Label containing representation respecting textile fibre content 6 Each label containing a representation with respect to the textile fibre content of the consumer textile article to which it is applied shall (a) be applied to the article in such form and manner as may be prescribed; and (b) show, in such form and manner as may be prescribed, (i) the generic name of each textile fibre comprising five per cent or more by mass of the total fibre mass of the article, (ii) subject to the regulations, such percentage by mass of the total fibre mass of the article as each textile fibre named pursuant to subparagraph (i) comprises, (iii) the identity of the person by or for whom the consumer textile article was manufactured or made, and (iv) such other information and representations as may be required by the regulations to be included in the label. R.S., 1985, c. T-10, s. 6; 1993, c. 34, s. 119. Analysts Designation of analysts by Commissioner 7 The Commissioner may designate as an analyst for the purposes of this Act any person who, in his opinion, is qualified to be so designated. R.S., 1985, c. T-10, s. 7; 1999, c. 2, s. 53. Enforcement Powers of inspectors 8 (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any premises of a dealer or any other place in which the inspector believes on reasonable grounds there is any textile fibre product that is owned by a dealer and may (a) examine any textile fibre product found therein; Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Enforcement Section 8 (b) open and examine any package found therein that the inspector believes on reasonable grounds contains any textile fibre product; and (c) examine any books, reports, test data, records, shipping bills and bills of lading or other documents or papers that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act and make copies thereof or extracts therefrom. Warrant required to enter dwelling-house (1.1) Where any place or premises referred to in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2). Authority to issue warrant (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house, (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused, the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant. Use of force (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Certificate to be produced (2) An inspector shall be furnished with a certificate of his designation as an inspector and, on entering any place described in subsection (1), shall, if so required, produce the certificate to the person in charge of that place. Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Enforcement Sections 8-10 Assistance to inspectors (3) The owner or person in charge of a place referred to in subsection (1) and every person found in that place shall give the inspector all reasonable assistance to enable the inspector to carry out his duties and functions under this Act and shall furnish the inspector with any information he may reasonably require with respect to the administration of this Act and the regulations. R.S., 1985, c. T-10, s. 8; R.S., 1985, c. 31 (1st Supp.), s. 24. Obstruction 9 (1) No person shall obstruct or hinder an inspector in the carrying out of his duties and functions under this Act. False statements (2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector engaged in carrying out his duties and functions under this Act. Interference (3) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with any textile fibre product or other thing detained by an inspector pursuant to the regulations. R.S., c. 46(1st Supp.), s. 9. Seizure 10 (1) Where an inspector believes on reasonable grounds that any provision of this Act or the regulations has been contravened, the inspector may seize and detain any textile fibre product or any labelling, packaging or advertising material by means of or in relation to which the inspector believes on reasonable grounds the contravention was committed. Detention (2) A textile fibre product or other thing seized and detained pursuant to subsection (1) shall not be detained after (a) the provisions of this Act or any regulations that are applicable to the textile fibre product or other thing have, in the opinion of the inspector, been complied with, or (b) the expiration of ninety days after the day of seizure or such longer period as may be prescribed with respect to any textile fibre product, unless before that time proceedings have been instituted in respect of the contravention, in which event the textile Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Enforcement Sections 10-11 fibre product or other thing may be detained until the proceedings are finally concluded. R.S., c. 46(1st Supp.), s. 10. Regulations Regulations 11 (1) The Governor in Council may make regulations (a) prescribing consumer textile articles for the purposes of this Act and prescribing any other matter or thing that by this Act is to be prescribed; (b) exempting, conditionally or unconditionally, any textile fibre product or any portion of such a product from the application of any provision of this Act or the regulations; (c) exempting, conditionally or unconditionally, any type of transaction in relation to a prescribed consumer textile article from the prohibition set out in paragraph 3(a); (d) requiring, authorizing or prohibiting the inclusion in a label of any information or representation in addition to the information required by section 6; (e) requiring, authorizing or prohibiting the inclusion in any advertising of a consumer textile article of any representation in relation to the textile fibre content of the article; (f) requiring or authorizing the statement on the container of a consumer textile article of any information or representation required or authorized to be shown in a label, in addition to or in place of the statement of that information or representation in a label; (g) prescribing the form and manner in which any information or representation required or authorized to be shown in any label, on any container or in any advertisement shall be shown; (h) prescribing any expressions, words, figures, depictions or symbols the use of which, in relation to a textile fibre product, shall be deemed, unless the contrary is proven, to constitute a false or misleading representation; (i) prescribing generic names for textile fibres; (j) prescribing how a textile fibre for which no generic name is prescribed pursuant to this Act shall be described for the purposes of this Act; Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Regulations Sections 11-12 (k) requiring the disclosure to the Minister of information in respect of any textile fibre in order to enable a generic name to be prescribed for the textile fibre and prescribing the time and manner in which the disclosure shall be made; (l) establishing tolerances in relation to the percentage by mass of textile fibres shown in labels or otherwise; (m) respecting the duties and functions of analysts and the taking of samples of textile fibre products; (n) respecting the detention of textile fibre products and other things seized pursuant to subsection 10(1); (o) respecting the disposition of textile fibre products and other things forfeited under section 16; and (p) generally, for carrying out the purposes and provisions of this Act. Where statement on container deemed to be label (2) Where any information or representation is required or authorized by the regulations to be stated on the container of a consumer textile article in place of the statement of that information or representation in a label and is so stated, that statement on the container shall be deemed to be a label and to be applied to the article. Where no generic name for textile fibre (3) Where a textile fibre comprising or contained in a consumer textile article is a textile fibre for which no generic name and description is set out in the regulations, a label applied to the article shall be deemed to show the generic name of the textile fibre if the textile fibre is described in the label in accordance with the regulations. R.S., 1985, c. T-10, s. 11; 1993, c. 34, s. 120; 2019, c. 29, s. 191. Offence and Punishment Contravention of sections 3 to 5 12 (1) Every dealer who contravenes section 3, 4 or 5 is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding five thousand dollars; or (b) on conviction on indictment, to a fine not exceeding ten thousand dollars. Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Offence and Punishment Sections 12-14 Contravention of other provisions, or regulations (2) Every person who contravenes any provision of this Act, other than section 3, 4 or 5, or of the regulations is guilty of an offence and liable, (a) on summary conviction, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; or (b) on conviction on indictment, to a fine not exceeding three thousand dollars or to imprisonment for a term not exceeding one year or to both. R.S., c. 46(1st Supp.), s. 12. Offence by employee or agent or mandatary 13 (1) In any prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or an agent or mandatary of the accused, whether or not the employee or agent or mandatary is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without their knowledge or consent and that they exercised all due diligence to prevent its commission. Limitation period (2) Proceedings by way of summary conviction under this Act may be instituted at any time within but not later than twelve months after the time when the subject-matter of the proceedings arose. Venue (3) A complaint or an information in respect of an offence under this Act may be heard, tried or determined by a court if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. R.S., 1985, c. T-10, s. 13; 2011, c. 21, s. 157. Certificate of analyst 14 (1) Subject to this section, a certificate purporting to be signed by an analyst stating that the analyst has analyzed or examined an article or a product or substance and stating the result of the analysis or examination is, in any prosecution for an offence under this Act, evidence of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed the certificate. Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Offence and Punishment Sections 14-16 Attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless the party intending to produce it has given to the party against whom it is intended to be produced reasonable notice of the intention together with a copy of the certificate. R.S., c. 46(1st Supp.), s. 14. Identification appearing in labels 15 (1) In any prosecution for an offence under this Act, evidence that a label applied to a textile fibre product bore identification purporting to identify the person by or for whom the product was manufactured or made is, in the absence of evidence to the contrary, proof that the person whose identification appeared in the label is the person by or for whom the product was manufactured and the person responsible for the information and representations in the label. Identification appearing on containers (2) In any prosecution for an offence under this Act in relation to a textile fibre product to which a label purporting to identify the person by or for whom the product was manufactured or made is not applied, evidence that a container of the product bore identification purporting to identify the person by or for whom the product was manufactured is, in the absence of evidence to the contrary, proof that the person whose identification appeared on the container is the person by or for whom the product was manufactured and the person responsible for the information and representations on the container. R.S., c. 46(1st Supp.), s. 15. Forfeiture 16 (1) Where a person has been convicted of an offence under this Act, any textile fibre product or any labelling, packaging or advertising material in relation to which or by means of which the offence was committed (a) is, on that conviction, in addition to any punishment imposed for the offence, forfeited to Her Majesty if the forfeiture is directed by the court; or (b) may be restored by order of the court to the person from whom it was seized on such conditions relating to sale or advertising as are specified in the order and as, in the opinion of the court, are necessary to Current to June 20, 2022 Last amended on June 21, 2019 Textile Labelling Offence and Punishment Sections 16-17 avoid the commission of any further offence under this Act. Protection of persons claiming interest (2) Sections 74 to 76 of the Fisheries Act apply, with such modifications as the circumstances require, to any textile fibre product or other thing forfeited under this section as though that textile fibre product or other thing were an article forfeited under subsection 72(1) of that Act. R.S., c. 46(1st Supp.), s. 16. Articles received or in transit before contravened regulation in force 17 (1) No person shall be convicted of an offence under this Act in relation to the sale, importation or advertising of a consumer textile article if the person establishes to the satisfaction of the court that the consumer textile article in relation to which the offence was committed was received by, or was in transit to, the person from a dealer before the coming into force of the regulation that created the requirement with which the person has failed to comply. Advertising before contravened regulation in force (2) No person shall be convicted of an offence under this Act in relation to the advertising of a consumer textile article if the person establishes to the satisfaction of the court that the advertisement (a) was published, or (b) was authorized in final form and dispatched for publication, before the coming into force of the regulation that created the requirement with which the person has failed to comply. R.S., c. 46(1st Supp.), s. 17. Current to June 20, 2022 Last amended on June 21, 2019

CONSOLIDATION Timber Marking Act [Repealed, 2017, c. 33, s. 227] Current to June 20, 2022 Last amended on December 14, 2017 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 14, 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 December 14, 2017 TABLE OF PROVISIONS An Act respecting the marking of timber Current to June 20, 2022 Last amended on December 14, 2017 ii

CONSOLIDATION Tax Conventions Implementation Act, 2002 S.C. 2002, c. 24 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to implement an agreement, conventions and protocols concluded between Canada and Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy for the avoidance of double taxation and the prevention of fiscal evasion and to amend the enacted text of three tax treaties Short Title 1 Short title PART 1 Canada — Kuwait Tax Agreement PART 2 Canada — Mongolia Tax Convention PART 3 Canada — United Arab Emirates Tax Convention PART 4 Canada — Moldova Tax Convention PART 5 Canada — Norway Tax Conventions Canada — Norway Tax Convention Act, 2002 Canada — Norway Income Tax Convention Act, 1967 PART 6 Canada — Belgium Tax Convention Current to June 20, 2022 ii Tax Conventions Implementation, 2002 TABLE OF PROVISIONS PART 7 Canada — Italy Tax Convention PART 8 Canada — Vietnam Tax Agreement PART 9 Canada — Portugal Tax Convention PART 10 Canada — Senegal Tax Convention SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULES 6 AND 7 Current to June 20, 2022 iv S.C. 2002, c. 24 An Act to implement an agreement, conventions and protocols concluded between Canada and Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy for the avoidance of double taxation and the prevention of fiscal evasion and to amend the enacted text of three tax treaties [Assented to 12th December 2002] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tax Conventions Implementation Act, 2002. PART 1 Canada — Kuwait Tax Agreement 2 (1) The Canada — Kuwait Tax Agreement Act, 2002 is enacted as follows: [See Canada — Kuwait Tax Agreement Act, 2002] (2) The schedule to the Canada — Kuwait Tax Agreement Act, 2002 is set out in Schedule 1 to this Act. Current to June 20, 2022 Tax Conventions Implementation, 2002 PART 2 Canada — Mongolia Tax Convention Sections 3-5 PART 2 Canada — Mongolia Tax Convention 3 (1) The Canada — Mongolia Tax Convention Act, 2002 is enacted as follows: [See Canada — Mongolia Tax Convention Act, 2002] (2) The schedule to the Canada — Mongolia Tax Convention Act, 2002 is set out in Schedule 2 to this Act. PART 3 Canada — United Arab Emirates Tax Convention 4 (1) The Canada — United Arab Emirates Tax Convention Act, 2002 is enacted as follows: [See Canada — United Arab Emirates Tax Convention Act, 2002] (2) Schedules 1 and 2 to the Canada — United Arab Emirates Tax Convention Act, 2002 are set out in Schedule 3 to this Act. PART 4 Canada — Moldova Tax Convention 5 (1) The Canada — Moldova Tax Convention Act, 2002 is enacted as follows: [See Canada — Moldova Tax Convention Act, 2002] (2) Schedules 1 and 2 to the Canada — Moldova Tax Convention Act, 2002 are set out in Schedule 4 to this Act. Current to June 20, 2022 Tax Conventions Implementation, 2002 PART 5 Canada — Norway Tax Conventions Sections 6-10 PART 5 Canada — Norway Tax Conventions Canada — Norway Tax Convention Act, 2002 6 (1) The Canada — Norway Tax Convention Act, 2002 is enacted as follows: [See Canada — Norway Tax Convention Act, 2002] (2) The schedule to the Canada — Norway Tax Convention Act, 2002 is set out in Schedule 5 to this Act. Canada — Norway Income Tax Convention Act, 1967 7 [Amendment] PART 6 Canada — Belgium Tax Convention 8 [Amendment] PART 7 Canada — Italy Tax Convention 9 [Amendment] PART 8 Canada — Vietnam Tax Agreement 10 [Amendment] Current to June 20, 2022 Tax Conventions Implementation, 2002 PART 9 Canada — Portugal Tax Convention Sections 11-12 PART 9 Canada — Portugal Tax Convention 11 [Amendment] PART 10 Canada — Senegal Tax Convention 12 [Amendment] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULE 1 SCHEDULE 1 (Section 2) [See Canada — Kuwait Tax Agreement Act, 2002] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULE 2 SCHEDULE 2 (Section 3) [See Canada — Mongolia Tax Convention Act, 2002] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULE 3 SCHEDULE 3 (Section 4) [See Canada — United Arab Emirates Tax Convention Act, 2002] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULE 4 SCHEDULE 4 (Section 5) [See Canada — Moldova Tax Convention Act, 2002] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULE 5 SCHEDULE 5 (Section 6) [See Canada — Norway Tax Convention Act, 2002] Current to June 20, 2022 Tax Conventions Implementation, 2002 SCHEDULES 6 AND 7 SCHEDULES 6 AND 7 [Amendments] Current to June 20, 2022

CONSOLIDATION Transfer of Offenders Act [Repealed, 2004, c. 21, s. 42] Current to June 20, 2022 Last amended on October 29, 2004 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 29, 2004. 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 29, 2004 TABLE OF PROVISIONS An Act to implement treaties on the transfer of persons found guilty of criminal offences Current to June 20, 2022 Last amended on October 29, 2004 ii

CONSOLIDATION Treaties of Peace (Italy, Romania, Hungary and Finland) Act, 1948 S.C. 1948, c. 71 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 Treaties of Peace (Italy, Romania, Hungary and Finland) Act, 1948 Current to June 20, 2022 ii S.C. 1948, c. 71 Treaties of Peace (Italy, Romania, Hungary and Finland) Act, 1948 [Assented to 30th June 1948] Treaties of Peace (Italy, Romania, Hungary and Finland) Act, 1948 This Act is not included in the database of consolidated federal legislation. Click on the Table of Contents link to see the regulations made under this Act. Current to June 20, 2022

CONSOLIDATION Trade Unions Act R.S.C., 1985, c. T-14 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting trade unions Short Title 1 Short title Interpretation 2 Definition of trade union Application 3 Agreements not affected Legal proceedings not authorized by this Act Application of certain Acts Constitution and Registration 6 Trade union may be registered Registrar Registration Regulations Rules of registered union Registered office Notice of office Annual Statement 13 General statement of affairs Copies of rules to accompany statement Respecting Property 15 Powers relating to land Property vested in trustees Procedure 17 Forms of action Powers of trustees Accounting 19 Liability of trustee Account to be rendered Current to June 20, 2022 ii Trade Unions TABLE OF PROVISIONS Audit Offences and Punishment 22 Fraudulently obtaining, misapplying funds, books, etc. Failure to have a registered office Failure to transmit general statement Making false entries Circulating false copies of rules of a union Procedure 27 Summary conviction General 29 Purposes of trade union not unlawful Annual report for Parliament SCHEDULE I Maximum Fees SCHEDULE II Matters To Be Provided for by the Rules of Trade Unions Registered Under This Act Current to June 20, 2022 iv R.S.C., 1985, c. T-14 An Act respecting trade unions Short Title Short title 1 This Act may be cited as the Trade Unions Act. R.S., c. T-11, s. 1. Interpretation Definition of trade union 2 In this Act, trade union means such combination, whether temporary or permanent, for regulating the relations between workmen and masters, or for imposing restrictive conditions on the conduct of any trade or business, as would, but for this Act, have been deemed to be an unlawful combination by reason of some one or more of its purposes being in restraint of trade. R.S., c. T-11, s. 2. Application Agreements not affected 3 This Act does not affect (a) any agreement between partners relating to their own business; (b) any agreement between an employer and those employed by him relating to employment; or (c) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft. R.S., c. T-11, s. 3. Legal proceedings not authorized by this Act 4 (1) Nothing in this Act enables any court to entertain any legal proceeding instituted with the object of directly Current to June 20, 2022 Trade Unions Application Sections 4-6 enforcing or recovering damages for the breach of any agreement (a) between members of a trade union, as such, concerning the conditions on which any members of the trade union shall, or shall not, sell their goods, transact business, employ or be employed; (b) for the payment by any person of any subscription or penalty to a trade union; (c) for the application of the funds of a trade union (i) to provide benefits to members, (ii) to furnish contributions to any employer or workman, who is not a member of the trade union, in consideration of the employer or workman acting in conformity with the rules or resolutions of the trade union, or (iii) to discharge any fine imposed on any person by sentence of a court of justice; (d) made between one trade union and another; or (e) to secure by bond or suretyship the performance of any of the agreements mentioned in paragraphs (a) to (d). Agreements not unlawful (2) Nothing in this section shall be deemed to constitute as unlawful any of the agreements mentioned in subsection (1). R.S., 1985, c. T-14, s. 4; 2001, c. 4, s. 124(E). Application of certain Acts 5 (1) No Act in force in Canada providing for the constitution and incorporation of charitable, benevolent or provident institutions applies to trade unions. Idem (2) This Act does not apply to any trade union not registered under this Act. R.S., c. T-11, s. 5. Constitution and Registration Trade union may be registered 6 Any seven or more members of a trade union may, by subscribing their names to the rules of the union and Current to June 20, 2022 Trade Unions Constitution and Registration Sections 6-9 otherwise complying with the provisions of this Act with respect to registration, register the trade union under this Act, but if any one of the purposes of the trade union is unlawful, the registration is void. R.S., c. T-11, s. 6. Registrar 7 The Registrar General of Canada shall be the Registrar under this Act. R.S., c. T-11, s. 7. Registration 8 (1) The following provisions apply with respect to registration of trade unions under this Act: (a) an application to register the trade union and printed copies of its rules, together with a list of the titles and names of its officers, shall be sent to the Registrar; (b) the Registrar, on being satisfied that the trade union has complied with the regulations respecting registration, shall register the trade union and its rules; (c) no trade union shall be registered under a name identical with that under which any other trade union has been registered, or so nearly resembling that name as to be likely to deceive the members or the public; and (d) if a trade union that applies to be registered has been in operation for more than a year before the date of application, there shall be delivered to the Registrar, before the registration of the trade union, a general statement of the receipts, funds, effects and expenditure of the trade union, in the same form and showing the same particulars as if it were the annual general statement required, under this Act, to be transmitted annually to the Registrar. Certificate of registration (2) The Registrar, on registering a trade union, shall issue a certificate of registration, and the certificate, unless it is proved to have been withdrawn or cancelled, is conclusive proof that the regulations with respect to registration have been complied with. R.S., c. T-11, s. 8. Regulations 9 The Governor in Council may make regulations (a) respecting registration under this Act; Current to June 20, 2022 Trade Unions Constitution and Registration Sections 9-13 (b) respecting the seal, if any, to be used for the purpose of registration; (c) respecting the inspection of documents kept by the Registrar under this Act; (d) respecting the fees, if any, to be paid on registration, not exceeding the fees specified in Schedule I; and (e) generally, for carrying into effect the provisions of this Act relating to registration of trade unions. R.S., c. T-11, s. 9. Rules of registered union 10 The following provisions apply with respect to the rules of a trade union registered under this Act: (a) the rules shall contain provisions in respect of the several matters mentioned in Schedule II; and (b) a copy of the rules shall be delivered by the trade union to any person, on demand, on payment of a sum not exceeding twenty-five cents. R.S., c. T-11, s. 10. Registered office 11 Every trade union registered under this Act shall have a registered office to which all communications and notices may be addressed. R.S., c. T-11, s. 11. Notice of office 12 Notice of the location of the registered office of a trade union and of any change therein shall be given to the Registrar and recorded by him, and until notice of the location of the registered office is given to the Registrar, a trade union shall be deemed not to have complied with this Act. R.S., c. T-11, s. 12. Annual Statement General statement of affairs 13 (1) A general statement of the receipts, funds, effects and expenditure of every trade union registered under this Act shall be transmitted to the Registrar, before June 1 in each year, and shall show fully the assets and liabilities at the date and the receipts and expenditure of the trade union during the year preceding the date, to which it is made out, and separately, the expenditure in respect of the several objects of the trade union, and such Current to June 20, 2022 Trade Unions Annual Statement Sections 13-16 statement shall be prepared and made out to such date, in such form and shall comprise such particulars as the Registrar requires. Members and depositors (2) Every member of and depositor in any trade union that is registered under this Act is entitled to receive, on application to the secretary or treasurer of the trade union, a copy of the general statement described in subsection (1) without cost. R.S., c. T-11, s. 13. Copies of rules to accompany statement 14 There shall be sent to the Registrar, together with the general statement described in section 13, a copy of all new rules and of all alterations of rules, and a statement showing the changes of officers, made by the trade union during the year preceding the date to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date. R.S., c. T-11, s. 14. Respecting Property Powers relating to land 15 (1) Any trade union registered under this Act may purchase, or take on lease, in the names of the trustees of the trade union, any land not exceeding one acre, and may sell, exchange, mortgage, hypothecate or lease the land. Authority of trustees (2) No purchaser, assignee, mortgagee, hypothecary creditor or tenant is bound to inquire whether the trustees of a trade union registered under this Act have authority for any sale, exchange, mortgage, hypothec or lease, and the receipt of the trustees is a discharge for the money arising from the sale, exchange, mortgage, hypothec or lease. What constitutes distinct union (3) For the purposes of this section, every branch of a trade union shall be considered a distinct union. R.S., 1985, c. T-14, s. 15; 2001, c. 4, s. 125(E). Property vested in trustees 16 (1) All real and personal property belonging to any trade union registered under this Act shall be vested in the trustees of the trade union, appointed as provided by this Act, for the use and benefit of the trade union and the members thereof. Current to June 20, 2022 Trade Unions Respecting Property Sections 16-18 Real and personal (2) The real or personal property of any branch of a trade union shall be vested in the trustees of the branch and be under the control of those trustees, or their respective executors or administrators, according to their respective claims or interests. On death of trustee (3) On the death or removal of any trustees, real or personal property described in this section shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatever, except in the case of Dominion stock, which shall be transferred into the names of any new trustees. R.S., c. T-11, s. 16. Procedure Forms of action 17 In all actions, suits or indictments or summary proceedings before any court of summary jurisdiction, concerning any property of a trade union or branch, the property shall be stated to be the property of the persons holding the office of trustee, in their proper names, as trustees of the trade union without any further description. R.S., c. T-11, s. 17. Powers of trustees 18 (1) The trustees of any trade union registered under this Act, or any other officer of such trade union who is authorized to do so by the order thereof, may bring or defend, or cause to be brought or defended, any action, suit, prosecution or complaint, in any court of competent jurisdiction, concerning the property, right or claim to property of the trade union, and may, in all cases concerning the property, real or personal, of the trade union, sue and be sued, and plead and be impleaded, in that court, in their proper names, without other description than the title of their office. Not abated by vacation of office (2) No action, suit, prosecution or complaint shall be discontinued or abated by the death or removal from office of any person referred to in subsection (1), but the action, suit, prosecution or complaint shall be proceeded in, by or against their successor or successors as if the death, resignation or removal had not taken place, and those Current to June 20, 2022 Trade Unions Procedure Sections 18-21 successors shall pay and receive the like costs as if the action, suit, prosecution or complaint had been commenced in their names for the benefit of, or to be reimbursed from the funds of, the trade union. Service of process (3) Any summons to any trustee or other officer of a trade union registered under this Act may be served by leaving the summons at the registered office of the trade union. R.S., c. T-11, s. 18. Accounting Liability of trustee 19 (1) No trustee of a trade union registered under this Act is liable to make good any deficiency that arises or happens in the funds of the trade union. Idem (2) A trustee of a trade union registered under this Act is liable only for the moneys actually received by him on account of the trade union. R.S., c. T-11, s. 19. Account to be rendered 20 Every treasurer or other officer of a trade union registered under this Act shall, at such times as he is required by the rules of the trade union, or at any other time, when called on by the trade union to do so, render to the trustees of the trade union, or the members, at a meeting thereof, a just and true account of all moneys received and paid by him since he last rendered a like account, of the balance then remaining in his hands and of all bonds or securities of the trade union. R.S., c. T-11, s. 20. Audit 21 (1) The trustees shall cause an account rendered under section 20 to be audited by a fit and proper person appointed by them. Duty of treasurer (2) On an audit under subsection (1), the treasurer, if required, shall forthwith (a) hand over to the trustees the balance that appears to be due by him; and Current to June 20, 2022 Trade Unions Accounting Sections 21-22 (b) hand over to the trustees all securities and effects, books, papers and property of the trade union in his hands or custody. Failure to comply (3) If the treasurer fails to comply with subsection (2), the trustees may sue the treasurer, in any court of competent jurisdiction, for the balance appearing to have been due from him on the last account rendered by him, for all moneys since received by him on account of the trade union and for the securities and effects, books, papers and property in his hands or custody, leaving him to set off in the action the sums, if any, that he has since paid on account of the trade union. Costs (4) In an action under subsection (3), the trustees are entitled to recover their full costs of suit, to be taxed as between solicitor and client. R.S., c. T-11, s. 21. Offences and Punishment Fraudulently obtaining, misapplying funds, books, etc. 22 (1) If any officer, member or other person who is or represents himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator or assignee of a member thereof, or any person whatever, (a) by false representation or imposition, obtains possession of any moneys, securities, books, papers or other effects of the trade union, (b) having the effects of the trade union in his possession, wilfully withholds or fraudulently misapplies the effects, or (c) wilfully applies any part of the effects of the trade union to purposes other than those expressed or directed in the rules of the trade union, the provincial court judge or justices having jurisdiction in cases of complaint for offences under this Act for the place in which the registered office of the trade union is situated may, by summary order, on a complaint made by any person on behalf of the trade union, or by the Registrar, order the officer, member or other person, (d) to deliver up all those moneys, securities, books, papers or other effects to the trade union, or (e) to repay the amount of money paid improperly and to pay, if the provincial court judge or justices Current to June 20, 2022 Trade Unions Offences and Punishment Sections 22-24 think fit, a further sum of money not exceeding one hundred dollars, together with costs not exceeding five dollars. Failure to comply (2) In default of delivery of effects or payment of an amount of money, or payment of a penalty and costs ordered under subsection (1), the provincial court judge or justices may order the person convicted to be imprisoned, with or without hard labour, for any term not exceeding three months. Proceedings by indictment (3) Nothing in this Act prevents a trade union from proceeding by indictment against a person described in subsection (1), but no person shall be proceeded against by indictment if a conviction has been previously obtained for the same offence under this Act. R.S., 1985, c. T-14, s. 22; R.S., 1985, c. 27 (1st Supp.), s. 203. Failure to have a registered office 23 If any trade union registered under this Act is in operation for seven days without having a registered office to which all communications and notices may be addressed, the trade union and every officer thereof shall each incur a penalty not exceeding twenty-five dollars for every day during which it is so in operation. R.S., c. T-11, s. 23. Failure to transmit general statement 24 (1) Every trade union registered under this Act that fails to transmit to the Registrar, before June 1 in each year, a general statement of its receipts, funds, effects and expenditure, (a) showing fully the assets and liabilities at that date, (b) the receipts and expenditure of the trade union during the year immediately preceding, and (c) showing separately the expenditure in respect of the several objects of the trade union, prepared and made out to such date, and in such form, and comprising such particulars as the Registrar requires, together with a copy of all alterations of rules and changes of officers made, and a copy of the rules as they exist at that date, is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence. Current to June 20, 2022 Trade Unions Offences and Punishment Sections 24-26 Officer failing to transmit (2) Every officer of a trade union registered under this Act whose duty it is to transmit a general statement required under subsection (1) who fails to do so, is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence. Failing to furnish copies (3) If the secretary or treasurer of a trade union registered under this Act refuses or fails to furnish any member thereof or depositor therein, on application, with a copy of a general statement required under subsection (1), the secretary or treasurer is guilty of an offence and liable to a fine not exceeding twenty-five dollars for each offence. R.S., c. T-11, s. 24. Making false entries 25 Every person who wilfully makes, or orders to be made, any false entry in or any omission from a general statement required under subsection 24(1), or in or from the return of any copies of rules or alterations of rules required under this Act is guilty of an offence and liable to a fine not exceeding two hundred dollars for each offence. R.S., c. T-11, s. 25. Circulating false copies of rules of a union 26 Every person who, with intent to mislead or defraud, (a) gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of that trade union, a copy of any rules or of any alterations of the rules falsely pretending that they are the existing rules of the trade union, or that there are no other rules of the trade union, or (b) gives a copy of any rules of any trade union not registered under this Act to any person under the pretence that the rules are the rules of a trade union registered under this Act, is guilty of an indictable offence and liable to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding six months or to both. R.S., c. T-11, s. 26. Current to June 20, 2022 Trade Unions Procedure Sections 27-30 Procedure Summary conviction 27 (1) All offences and penalties under this Act may be prosecuted and recovered on summary conviction. Description of offence (2) The description of any offence against this Act in the words of this Act is sufficient. Proving exception, exemption, etc. (3) Any exception, exemption, proviso, excuse or qualification, whether it accompanies or does not accompany the description of any offence charged under this Act, may be proved by the defendant, but need not be specified in the information, and if it is specified and negatived in the information, no proof in relation to the matters specified and negatived shall be required on the part of the informant or prosecutor. R.S., c. T-11, s. 27. 28 [Repealed, 2000, c. 12, s. 297] General Purposes of trade union not unlawful 29 The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of the trade union liable to criminal prosecution for conspiracy or otherwise, or so as to render void or voidable any agreement or trust. R.S., c. T-11, s. 29. Annual report for Parliament 30 The Registrar shall lay before Parliament annual reports with respect to the matters transacted by him as Registrar under this Act and in pursuance thereof. R.S., c. T-11, s. 30. Current to June 20, 2022 Trade Unions SCHEDULE I Maximum Fees SCHEDULE I (Section 9) Maximum Fees For registering a trade union ........................................... $4.00 For registering alterations in rules ..................................... 2.00 For inspection of documents .............................................. 0.50 R.S., c. T-11, Sch. I. Current to June 20, 2022 Trade Unions SCHEDULE II Matters To Be Provided for by the Rules of Trade Unions Registered Under This Act SCHEDULE II (Section 10) Matters To Be Provided for by the Rules of Trade Unions Registered Under This Act 1 The name of the trade union and the place of meeting for the business of the trade union. 2 Every object for which the trade union is to be established, the purposes for which the funds thereof shall be applicable, the conditions under which any member may become entitled to any benefit assured thereby and the fines and forfeitures that may be imposed on any member of the trade union. 3 The manner of making, altering, amending and rescinding rules. 4 A provision for the appointment and removal of a general committee of management and of a trustee or trustees, treasurer and other officers of the trade union. 5 A provision for the investment of the funds of the trade union and for an annual or periodical audit of accounts. 6 The inspection of the books and names of members of the trade union by every person having an interest in the funds of the trade union. R.S., c. T-11, Sch. II. Current to June 20, 2022

CONSOLIDATION Tax Conventions Implementation Act, 2004 S.C. 2005, c. 8 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion Short Title 1 Short title PART 1 Canada–Gabon Tax Convention PART 2 Canada–Ireland Tax Convention PART 3 Canada–Armenia Tax Convention PART 4 Canada–Oman Tax Agreement PART 5 Canada–Azerbaijan Tax Convention SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 Current to June 20, 2022 ii S.C. 2005, c. 8 An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion [Assented to 23rd March 2005] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tax Conventions Implementation Act, 2004. PART 1 Canada–Gabon Tax Convention 2 (1) The Canada–Gabon Tax Convention Act, 2004 is enacted as follows: [See Canada–Gabon Tax Convention Act, 2004] (2) The schedule to the Canada–Gabon Tax Convention Act, 2004 is set out in Schedule 1 to this Act. Current to June 20, 2022 Tax Conventions Implementation, 2004 PART 2 Canada–Ireland Tax Convention Sections 3-6 PART 2 Canada–Ireland Tax Convention 3 (1) The Canada–Ireland Tax Convention Act, 2004 is enacted as follows: [See Canada–Ireland Tax Convention Act, 2004] (2) The schedule to the Canada–Ireland Tax Convention Act, 2004 is set out in Schedule 2 to this Act. PART 3 Canada–Armenia Tax Convention 4 (1) The Canada–Armenia Tax Convention Act, 2004 is enacted as follows: [See Canada–Armenia Tax Convention Act, 2004] (2) The schedule to the Canada–Armenia Tax Convention Act, 2004 is set out in Schedule 3 to this Act. PART 4 Canada–Oman Tax Agreement 5 (1) The Canada–Oman Tax Agreement Act, 2004 is enacted as follows: [See Canada–Oman Tax Agreement Act, 2004] (2) Schedules 1 and 2 to the Canada–Oman Tax Agreement Act, 2004 are set out in Schedule 4 to this Act. PART 5 Canada–Azerbaijan Tax Convention 6 (1) The Canada–Azerbaijan Tax Convention Act, 2004 is enacted as follows: Current to June 20, 2022 Tax Conventions Implementation, 2004 PART 5 Canada–Azerbaijan Tax Convention Section 6 [See Canada–Azerbaijan Tax Convention Act, 2004] (2) Schedules 1 and 2 to the Canada–Azerbaijan Tax Convention Act, 2004 are set out in Schedule 5 to this Act. Current to June 20, 2022 Tax Conventions Implementation, 2004 SCHEDULE 1 SCHEDULE 1 (Section 2) [See Canada–Gabon Tax Convention Act, 2004] Current to June 20, 2022 Tax Conventions Implementation, 2004 SCHEDULE 2 SCHEDULE 2 (Section 3) [See Canada–Ireland Tax Convention Act, 2004] Current to June 20, 2022 Tax Conventions Implementation, 2004 SCHEDULE 3 SCHEDULE 3 (Section 4) [See Canada–Armenia Tax Convention Act, 2004] Current to June 20, 2022 Tax Conventions Implementation, 2004 SCHEDULE 4 SCHEDULE 4 (Section 5) [See Canada–Oman Tax Agreement Act, 2004] Current to June 20, 2022 Tax Conventions Implementation, 2004 SCHEDULE 5 SCHEDULE 5 (Section 6) [See Canada–Azerbaijan Tax Convention Act, 2004] Current to June 20, 2022

CONSOLIDATION Telecommunications Act S.C. 1993, c. 38 Current to June 20, 2022 Last amended on June 29, 2021 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 29, 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 29, 2021 TABLE OF PROVISIONS An Act respecting telecommunications Short Title 1 Short title PART I General Interpretation 2 Definitions Her Majesty 3 Act binding on Her Majesty Application 4 Broadcasting excluded Application Special Acts Canadian Telecommunications Policy 7 Objectives Powers of Governor in Council, Commission and Minister 8 Directions Exemptions Publication of proposed order Effect of order Variation, rescission or referral Provincial consultation Report Technical standards PART II Eligibility to Operate Canadian Ownership and Control 16 Definitions International Telecommunications Services Licences 16.1 Licence required — classes of telecommunications service providers Current to June 20, 2022 Last amended on June 29, 2021 ii Telecommunications TABLE OF PROVISIONS 16.2 Application 16.3 Issuance of licences 16.4 Suspension and revocation of telecommunications service licences International Submarine Cable Licences 17 Licence required Application Issuance of licences Suspension and revocation of licences Documentary Evidence 21 Supporting affidavit Regulations 22 Regulations PART III Rates, Facilities and Services Provision of Services 23 Meaning of telecommunications service Conditions of service 24.1 Conditions of service — person other than Canadian carrier Telecommunications rates to be approved Effective date of tariff Just and reasonable rates Roaming 27.2 Paper bill Transmission of broadcasts Approval of working agreements Recovery of charges Limitations on liability General powers Integral activities of affiliates Forbearance 34 Forbearance by Commission Order to Provide Services 35 Order to provide services Content of Messages 36 Content of messages Current to June 20, 2022 Last amended on June 29, 2021 iv Telecommunications TABLE OF PROVISIONS Provision of Information 37 Information requirements Access to information Designation of information Connection of Facilities 40 Order for connection Unsolicited Telecommunications 41 Prohibition or regulation by Commission 41.1 Do not call list 41.2 Administration by Commission 41.21 Fees 41.3 Delegation of powers 41.4 Rates 41.41 Financial Administration Act does not apply 41.5 Regulation of rates and delegated powers 41.6 Report to Minister 41.7 Exemptions Construction and Expropriation Powers 42 Works ordered by Commission Definition Applications by municipalities and other authorities Drainage and utilities Expropriation by carrier Telecommunications Numbering and Other Matters 46.1 Administration by Commission 46.2 Delegation of powers 46.3 Rates 46.4 Regulation of conditions and rates 46.5 Contribution to fund 46.6 Non-application of sections 12 and 62 46.7 Review of funding decisions 46.8 Request from federal minister or agency 46.9 Request from provincial minister or agency 46.91 Status of application for funding Current to June 20, 2022 Last amended on June 29, 2021 v Telecommunications TABLE OF PROVISIONS PART IV Administration Exercise of Powers 47 Commission subject to orders and standards Inquiries and determinations Quorum Extension of time Mandatory and restraining orders Questions of law and fact Counsel assigned by Minister of Justice In camera hearings Judicial powers Award of costs Rules, orders and regulations Guidelines and Advice 58 Guidelines Advice Decisions of Commission 60 Partial or additional relief Conditional decisions Review of decisions Enforcement in Federal Court Appeals 64 Appeal to Federal Court of Appeal Evidence 65 Judicial notice Business documents Regulations 67 Regulations Regulations prescribing fees Pre-publication of regulations PART IV.1 Telecommunications Apparatus Application 69.1 Application Current to June 20, 2022 Last amended on June 29, 2021 v Telecommunications TABLE OF PROVISIONS Prohibitions 69.2 Registration Minister’s Powers 69.3 Minister’s powers Powers of Governor in Council and Others 69.4 Regulations PART V Investigation and Enforcement Inquiries 70 Appointment by Commission Inspection 71 Designation of inspectors Civil Liability 72 Damages General Administrative Monetary Penalties Scheme 72.001 Commission of violation 72.002 Criteria for penalty 72.003 Procedures 72.004 Power of Commission — violation 72.005 Issuance and service 72.006 Entry into undertaking 72.007 Payment 72.008 Officer, director or agent or mandatary of corporations 72.009 Debt due to Her Majesty 72.0091 Time limit or prescription 72.0092 Publication 72.0093 Regulations Administrative Monetary Penalties Scheme for Unsolicited Telecommunications 72.01 Commission of violation 72.03 Continuing violation 72.04 Power of Commission re notices of violation 72.07 Notice of violation 72.08 Payment 72.09 Debts to Her Majesty 72.12 Time limit Current to June 20, 2022 Last amended on June 29, 2021 vi Telecommunications TABLE OF PROVISIONS 72.13 Publication Provisions Applicable to Both Administrative Monetary Penalties Schemes 72.14 Evidence 72.15 Defence 72.16 Vicarious liability — acts of employees, agents and mandataries 72.17 How act or omission may be proceeded with 72.18 For greater certainty 72.19 Section 12 does not apply 72.2 Group considered corporation Offences 73 Offences Continuing offence Forfeiture 74.1 Forfeiture of telecommunications apparatus PART VI Transitional Provisions 75 Directive for transitional period Deemed approval PART VII Related Amendments, Repeals, Application of Certain Provisions and Coming into Force Related Amendments Repeals Application of Certain Provisions 132 Agent of Her Majesty in right of Manitoba *133 Agent of Her Majesty in right of Saskatchewan Coming into Force *134 Coming into force Current to June 20, 2022 Last amended on June 29, 2021 vi S.C. 1993, c. 38 An Act respecting telecommunications [Assented to 23rd June 1993] Short Title Short title 1 This Act may be cited as the Telecommunications Act. PART I General Interpretation Definitions 2 (1) In this Act, broadcasting undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act; (entreprise de radiodiffusion) Canadian carrier means a telecommunications common carrier that is subject to the legislative authority of Parliament; (entreprise canadienne) Canadian telecommunications policy objectives means the objectives set out in section 7; (Version anglaise seulement) charge includes to receive in payment; (Version anglaise seulement) Commission means the Canadian Radio-television and Telecommunications Commission; (Conseil) control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise; (contrôle) Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Interpretation Section 2 decision includes a determination made by the Commission in any form; (décision) exempt transmission apparatus means any apparatus whose functions are limited to one or more of the following: (a) the switching of telecommunications, (b) the input, capture, storage, organization, modification, retrieval, output or other processing of intelligence, or (c) control of the speed, code, protocol, content, format, routing or similar aspects of the transmission of intelligence; (appareil de transmission exclu) intelligence means signs, signals, writing, images, sounds or intelligence of any nature; (information) international submarine cable means a submarine telecommunications line that extends between Canada and any place outside Canada, or between places outside Canada through Canada, other than a line situated entirely under fresh water; (câble sous-marin international) international submarine cable licence means a licence issued under section 19; (licence de câble sous-marin international) Minister means the Minister of Industry; (ministre) person includes any individual, partnership, body corporate, unincorporated organization, government, government agency and any other person or entity that acts in the name of or for the benefit of another, including a trustee, executor, administrator, liquidator of the succession, guardian, curator or tutor; (personne) prescribed means prescribed by regulation; (Version anglaise seulement) public authority includes Her Majesty in right of Canada or a province; (administration publique) rate means an amount of money or other consideration and includes zero consideration; (tarif) special Act means an Act of Parliament respecting the operations of a particular Canadian carrier; (loi spéciale) Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Interpretation Sections 2-3 telecommunications means the emission, transmission or reception of intelligence by any wire, cable, radio, optical or other electromagnetic system, or by any similar technical system; (télécommunication) telecommunications common carrier means a person who owns or operates a transmission facility used by that person or another person to provide telecommunications services to the public for compensation; (entreprise de télécommunication) telecommunications facility means any facility, apparatus or other thing that is used or is capable of being used for telecommunications or for any operation directly connected with telecommunications, and includes a transmission facility; (installation de télécommunication) telecommunications service means a service provided by means of telecommunications facilities and includes the provision in whole or in part of telecommunications facilities and any related equipment, whether by sale, lease or otherwise; (service de télécommunication) telecommunications service provider means a person who provides basic telecommunications services, including by exempt transmission apparatus; (fournisseur de services de télécommunication) transmission facility means any wire, cable, radio, optical or other electromagnetic system, or any similar technical system, for the transmission of intelligence between network termination points, but does not include any exempt transmission apparatus. (installation de transmission) Definition of network termination point (2) The Commission may define the expression network termination point for purposes of the definition transmission facility in subsection (1). 1993, c. 38, s. 2; 1995, c. 1, s. 62; 1998, c. 8, s. 1; 2004, c. 25, s. 174. Her Majesty Act binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Application Sections 4-7 Application Broadcasting excluded 4 This Act does not apply in respect of broadcasting by a broadcasting undertaking. Application 5 A trustee, trustee in bankruptcy, receiver, sequestrator, manager, administrator of the property of another or any other person who, under the authority of any court, or any legal instrument or act, operates any transmission facility of a Canadian carrier is subject to this Act. 1993, c. 38, s. 5; 2004, c. 25, s. 175. Special Acts 6 The provisions of this Act prevail over the provisions of any special Act to the extent that they are inconsistent. Canadian Telecommunications Policy Objectives 7 It is hereby affirmed that telecommunications performs an essential role in the maintenance of Canada’s identity and sovereignty and that the Canadian telecommunications policy has as its objectives (a) to facilitate the orderly development throughout Canada of a telecommunications system that serves to safeguard, enrich and strengthen the social and economic fabric of Canada and its regions; (b) to render reliable and affordable telecommunications services of high quality accessible to Canadians in both urban and rural areas in all regions of Canada; (c) to enhance the efficiency and competitiveness, at the national and international levels, of Canadian telecommunications; (d) to promote the ownership and control of Canadian carriers by Canadians; (e) to promote the use of Canadian transmission facilities for telecommunications within Canada and between Canada and points outside Canada; (f) to foster increased reliance on market forces for the provision of telecommunications services and to ensure that regulation, where required, is efficient and effective; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Canadian Telecommunications Policy Sections 7-10 (g) to stimulate research and development in Canada in the field of telecommunications and to encourage innovation in the provision of telecommunications services; (h) to respond to the economic and social requirements of users of telecommunications services; and (i) to contribute to the protection of the privacy of persons. Powers of Governor in Council, Commission and Minister Directions 8 The Governor in Council may, by order, issue to the Commission directions of general application on broad policy matters with respect to the Canadian telecommunications policy objectives. Exemptions 9 (1) The Commission may, by order, exempt any class of Canadian carriers from the application of this Act, subject to any conditions contained in the order, where the Commission, after holding a public hearing in relation to the exemption, is satisfied that the exemption is consistent with the Canadian telecommunications policy objectives. Inquiry and determination (2) The Commission may, on application by any interested person or on its own motion, inquire into and determine whether any condition of an exemption order has been complied with. Interested persons (3) The decision of the Commission that a person is or is not an interested person is binding and conclusive. 1993, c. 38, s. 9; 1999, c. 31, s. 196(F). Publication of proposed order 10 (1) The Minister shall have an order proposed to be made under section 8 published in the Canada Gazette and laid before each House of Parliament, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Powers of Governor in Council, Commission and Minister Sections 10-11 Consultation (2) The Minister shall consult the Commission with respect to an order proposed to be made under section 8 before it is published or laid under this section and shall consult the Commission again with respect to the order in its definitive form before it is made. Transmittal and tabling of exemption orders (3) The Commission shall send to the Minister an order proposed to be made under section 9 and the Minister shall have the order laid before each House of Parliament. Reference to committees (4) A proposed order laid before a House of Parliament stands referred to such committee as is designated by order of that House to receive such orders. Modification after publication (5) A proposed order that is modified after publication need not be published again under subsection (1). Making of order (6) After the fortieth sitting day of Parliament following the first day on which a proposed order has been laid before both Houses, the Governor in Council or the Commission, as the case may be, may make the order either as proposed or with any modifications the Governor in Council or the Commission considers advisable. Tabling of orders (7) After an order is made under section 8, the Minister shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is made. Transmittal and tabling of exemption orders (8) After an order is made under section 9, the Commission shall immediately send it to the Minister who shall have it laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the order is sent. Meaning of sitting day (9) For the purposes of this section, a sitting day is a day on which either House of Parliament is sitting. Effect of order 11 (1) An order made under section 8 is binding on the Commission beginning on the day on which the order comes into force. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Powers of Governor in Council, Commission and Minister Sections 11-12 Pending matters (2) Subject to subsection (3), an order made under section 8 shall, if it so provides, apply in respect of matters pending before the Commission on the day on which the order comes into force. Idem (3) An order made under section 8 does not apply in respect of a matter pending before the Commission on the day on which the order comes into force if (a) final submissions have been filed in respect of that matter; and (b) less than one year has expired since the period for filing final submissions ended. Variation, rescission or referral 12 (1) Within one year after a decision by the Commission, the Governor in Council may, on petition in writing presented to the Governor in Council within ninety days after the decision, or on the Governor in Council’s own motion, by order, vary or rescind the decision or refer it back to the Commission for reconsideration of all or a portion of it. Copy of petition to Commission (2) A person who presents a petition to the Governor in Council shall, at the same time, send a copy of the petition to the Commission. Copies to other parties (3) On receipt of a petition, the Commission shall send a copy of it to each person who made any oral representation to the Commission in relation to the decision that is the subject of the petition. Notice of petition (4) On receipt of a petition, the Minister shall publish in the Canada Gazette a notice of its receipt indicating where the petition and any petition or submission made in response to it may be inspected and copies of them obtained. Order for reference back (5) An order made under subsection (1) that refers a decision back to the Commission for reconsideration and hearing (a) shall set out the details of any matter that the Governor in Council considers to be material to the reconsideration; and Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Powers of Governor in Council, Commission and Minister Sections 12-15 (b) may specify a date before which the Commission shall complete its reconsideration. Reconsideration (6) The Commission shall, before any date specified under paragraph (5)(b), reconsider a decision referred back to it under subsection (1) and may confirm, vary or rescind the decision. Variation or rescission by Governor in Council (7) Where the Commission confirms or varies a decision under subsection (6) or does not complete its reconsideration of the decision before any date specified under paragraph (5)(b), the Governor in Council may, by order, vary or rescind the decision within ninety days after the confirmation or variation of the decision or the specified date, as the case may be. Reasons (8) In an order made under subsection (1) or (7), the Governor in Council shall set out the reasons for making the order. Provincial consultation 13 The Minister, before making a recommendation to the Governor in Council for the purposes of any order under section 8 or 12, or before making any order under section 15, shall notify a minister designated by the government of each province of the Minister’s intention to make the recommendation or the order and shall provide an opportunity for each of them to consult with the Minister. Report 14 The Governor in Council may require the Commission to make a report on any matter within the Commission’s jurisdiction under this Act or any special Act. Technical standards 15 (1) The Minister may, where the Minister is satisfied that to do so will further the Canadian telecommunications policy objectives, by order made after consultation with the Commission, establish standards in respect of the technical aspects of telecommunications and require the Commission to give effect to them. Incorporation by reference (2) An order that incorporates a standard by reference may incorporate it as amended from time to time. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART I General Powers of Governor in Council, Commission and Minister Sections 15-16 Publication of proposed orders (3) Any order proposed to be made under this section shall be published in the Canada Gazette at least sixty days before its proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed order. Modification after publication (4) A proposed order that is modified after publication need not be published again under subsection (3). PART II Eligibility to Operate Canadian Ownership and Control Definitions 16 (1) The following definitions apply in this section. entity means a corporation, partnership, trust or joint venture. (entité) joint venture means an association of two or more entities, if the relationship among those associated entities does not, under the laws in Canada, constitute a corporation, a partnership or a trust and if all the undivided ownership interests in the assets of the Canadian carrier or in the voting interests of the Canadian carrier are or will be owned by all the entities that are so associated. (coentreprise) voting interest, with respect to (a) a corporation with share capital, means a voting share; (b) a corporation without share capital, means an ownership interest in the assets of the corporation that entitles the owner to rights similar to those enjoyed by the owner of a voting share; and (c) a partnership, trust or joint venture, means an ownership interest in the assets of the partnership, trust or joint venture that entitles the owner to receive a share of the profits and to share in the assets on dissolution. (intérêt avec droit de vote) Eligibility (2) A Canadian carrier is eligible to operate as a telecommunications common carrier if Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate Canadian Ownership and Control Section 16 (a) it is an entity incorporated, organized or continued under the laws of Canada or a province and is Canadian-owned and controlled; (b) it owns or operates only a transmission facility that is referred to in subsection (5); or (c) it has annual revenues from the provision of telecommunications services in Canada that represent less than 10% of the total annual revenues, as determined by the Commission, from the provision of telecommunications services in Canada. Canadian ownership and control (3) For the purposes of paragraph (2)(a), an entity is Canadian-owned and controlled if (a) in the case of a corporation, not less than 80% of the members of the board of directors are individual Canadians; (b) Canadians beneficially own, directly or indirectly, in the aggregate and otherwise than by way of security only, not less than 80% of the entity’s voting interests; and (c) the entity is not otherwise controlled by persons that are not Canadians. Prohibition (4) No Canadian carrier shall operate as a telecommunications common carrier unless it is eligible under this section to operate as such. Exemption (5) Paragraph (2)(a) and subsection (4) do not apply in respect of the ownership or operation of (a) international submarine cables; (b) earth stations that provide telecommunications services by means of satellites; or (c) satellites. Exception (6) A Canadian carrier that is eligible to operate under paragraph (2)(c) remains eligible to operate even if it has annual revenues from the provision of telecommunications services in Canada that represent 10% or more of the total annual revenues from the provision of telecommunications services in Canada as long as the increase in its annual revenues from the provision of telecommunications services in Canada to 10% or more of the total Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate Canadian Ownership and Control Sections 16-16.1 annual revenues from the provision of telecommunications services in Canada did not result from the acquisition of control of another Canadian carrier or from the acquisition of assets used by another Canadian carrier to provide telecommunications services. Acquisition (7) A Canadian carrier to which subsection (6) applies is not authorized to acquire control of a Canadian carrier or acquire assets used by another Canadian carrier to provide telecommunications services. Notice (8) A Canadian carrier that is eligible to operate under paragraph (2)(c) shall notify the Commission when it acquires control of another Canadian carrier or acquires assets used by another Canadian carrier to provide telecommunications services. Affiliates (9) For the purposes of determining annual revenues from the provision of telecommunications services in Canada under this section, the annual revenues of a Canadian carrier include the annual revenues from the provision of telecommunications services in Canada of its affiliates as defined in subsection 35(3). 1993, c. 38, s. 16; 1998, c. 8, s. 2; 2010, c. 12, s. 2184; 2012, c. 19, s. 595. International Telecommunications Services Licences Licence required — classes of telecommunications service providers 16.1 (1) No telecommunications service provider that is of a class specified by the Commission shall provide international telecommunications services except in accordance with an international telecommunications service licence. Licence required — classes of service (2) No telecommunications service provider shall, except in accordance with an international telecommunications service licence, provide international telecommunications services that are within a class of telecommunications services specified by the Commission. 1998, c. 8, s. 3. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate International Telecommunications Services Licences Sections 16.2-16.4 Application 16.2 An application for the issuance, renewal or amendment of an international telecommunications service licence must be made in the form and manner and with the information specified by the Commission, and be accompanied by the fee prescribed under subsection 68(1). 1998, c. 8, s. 3. Issuance of licences 16.3 (1) The Commission may, on application, issue an international telecommunications service licence. Conditions (2) The Commission may, in respect of international telecommunications services, (a) establish licence conditions in respect of classes of telecommunications service providers or classes of international telecommunications services; and (b) include in a licence conditions that are related to the circumstances of the licensee and that the Commission considers appropriate. Amendment (3) The Commission may, on application by any interested person or on its own motion, amend any conditions of a licence. Term (4) The term of a licence may not exceed ten years on its issuance or renewal. Renewal (5) A licence may be renewed on application by the licensee. Transfer (6) A licence is not transferable except with the consent of the Commission. 1998, c. 8, s. 3. Suspension and revocation of telecommunications service licences 16.4 (1) The Commission may suspend or revoke an international telecommunications service licence whenever the Commission believes on reasonable grounds that the licensee has contravened this Act, the regulations or any condition of the licence, but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Commission. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate International Telecommunications Services Licences Sections 16.4-19 Consent of licensee (2) The Commission may suspend or revoke a licence with the consent of, or on application by, the licensee. 1998, c. 8, s. 3. International Submarine Cable Licences Licence required 17 No person shall construct or operate an international submarine cable or construct or operate any works or facilities for the purpose of operating an international submarine cable except in accordance with an international submarine cable licence that has been issued to the person and that the person remains eligible under the regulations to hold. Application 18 An application for the issuance, renewal or amendment of an international submarine cable licence must be made in the prescribed form and manner and be accompanied by the prescribed information and the prescribed fee or a fee calculated in the prescribed manner. 1993, c. 38, s. 18; 1999, c. 31, s. 197(F). Issuance of licences 19 (1) The Minister may, on application, issue an international submarine cable licence to a person who is eligible under the regulations to hold the licence. Conditions (2) An international submarine cable licence may contain such conditions as the Minister considers are consistent with the Canadian telecommunications policy objectives. Term (3) The term of an international submarine cable licence may not exceed ten years on issuance of the licence or on renewal. Amendment, renewal and transfer (4) An international submarine cable licence may be amended or renewed on application by the licensee, but a licence is not transferable except with the consent of the Minister. 1993, c. 38, s. 19; 1998, c. 8, s. 4. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate International Submarine Cable Licences Sections 20-22 Suspension and revocation of licences 20 (1) The Minister may suspend or revoke an international submarine cable licence whenever the Minister believes on reasonable grounds that the licensee has ceased to be eligible under the regulations or has contravened this Act, the regulations or any condition of the licence but the licensee must first be given notice in writing of the reasons for the suspension or revocation and a reasonable opportunity to make representations to the Minister. Idem (2) The Minister may suspend or revoke an international submarine cable licence on application made by or with the consent of the licensee. Documentary Evidence Supporting affidavit 21 The Minister may require the furnishing of an affidavit or a solemn declaration attesting to the authenticity of any document provided under this Part or the regulations, or to the truth of any fact stated in any such document or in any application submitted under this Part. Regulations Regulations 22 (1) The Governor in Council may, in relation to Canadian carriers’ eligibility under section 16 to operate as telecommunications common carriers, make regulations (a) respecting information that is to be provided, the persons by whom and to whom it is to be provided, the manner in which and the time within which it is to be provided and the consequences of failing to provide it; (b) respecting the circumstances and the manner in which a Canadian carrier, in order to maintain its eligibility, may control the acquisition and ownership of its voting shares, restrict, suspend or refuse to recognize ownership rights in respect of those shares and require holders of those shares to dispose of them; (c) authorizing the board of directors of a Canadian carrier to pay a dividend or to make any other distribution with respect to voting shares that would otherwise be prohibited because the shares were held in contravention of section 16 or any regulations made under this subsection where, in the board’s opinion, the contravention was inadvertent or of a technical Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate Regulations Section 22 nature or it would be otherwise inequitable not to pay the dividend or make the distribution; (d) respecting the circumstances and the manner in which a Canadian carrier may restrict voting rights attached to shares, or suspend or void the exercise of those rights, in order to maintain its eligibility; (e) respecting the circumstances and the manner in which a Canadian carrier may (i) sell, redeem or purchase shares held contrary to section 16 or any regulations made under this subsection, and (ii) deal with the proceeds of sale and reimburse any purchasers of the shares in good faith; (f) respecting the powers of a Canadian carrier to require disclosure of the beneficial ownership of its shares, the right of the carrier and its directors, officers and employees, and its agents or mandataries, to rely on any required disclosure and the effects of their reliance; (g) respecting the verification by the Commission of a Canadian carrier’s eligibility, the measures the Commission may take to maintain the carrier’s eligibility, including exercising the powers of the carrier’s board of directors and countermanding its decisions, and the circumstances and manner in which the Commission may take those measures; (h) respecting the circumstances and manner in which the Commission and its members, officers or employees, or its agents or mandataries, or a Canadian carrier and its directors, officers and employees, and its agents or mandataries, may be protected from liability for actions taken by them in order to maintain the carrier’s eligibility; (i) defining the words successor and Canadian for the purposes of section 16; and (j) prescribing anything that is to be prescribed and generally for carrying out the purposes and provisions of section 16 and this subsection. Idem (2) The Governor in Council may, in relation to international submarine cable licences, make regulations Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART II Eligibility to Operate Regulations Sections 22-23 (a) prescribing the procedure governing applications for licences, including the form of applications, the information to accompany them and the manner of filing, processing and disposing of them; (b) respecting the form of licences and the information they must include and requiring licensees to publish or otherwise make them available for public inspection; (c) prescribing classes of international submarine cable licences and determining the persons eligible to hold licences of any particular class; (d) prescribing fees, or the manner of calculating fees, in respect of licences and prescribing the manner in which the fees are to be paid; and (e) generally for carrying out the purposes and provisions of sections 17 to 20. Liability for fees (3) Fees required to be paid under this Part constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction. Publication of proposed regulations (4) Any regulations proposed to be made under this section shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Minister with respect to the proposed regulations. Idem (5) Proposed regulations that are modified after publication need not be published again under subsection (4). 1993, c. 38, s. 22; 1998, c. 8, s. 5; 1999, c. 31, s. 198(F); 2004, c. 25, s. 176. PART III Rates, Facilities and Services Provision of Services Meaning of telecommunications service 23 For the purposes of this Part and Part IV, telecommunications service has the same meaning as in section 2 and includes any service that is incidental to the business of providing telecommunications services. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Services Sections 24-25 Conditions of service 24 The offering and provision of any telecommunications service by a Canadian carrier are subject to any conditions imposed by the Commission or included in a tariff approved by the Commission. Conditions of service — person other than Canadian carrier 24.1 The offering and provision of any telecommunications service by any person other than a Canadian carrier are subject to any conditions imposed by the Commission, including those relating to (a) service terms and conditions in contracts with users of telecommunications services; (b) protection of the privacy of those users; (c) access to emergency services; and (d) access to telecommunications services by persons with disabilities. 2014, c. 39, s. 193. Telecommunications rates to be approved 25 (1) No Canadian carrier shall provide a telecommunications service except in accordance with a tariff filed with and approved by the Commission that specifies the rate or the maximum or minimum rate, or both, to be charged for the service. Filing of joint tariffs (2) A joint tariff agreed on by two or more Canadian carriers may be filed by any of the carriers with an attestation of the agreement of the other carriers. Form of tariffs (3) A tariff shall be filed and published or otherwise made available for public inspection by a Canadian carrier in the form and manner specified by the Commission and shall include any information required by the Commission to be included. Special circumstances (4) Notwithstanding subsection (1), the Commission may ratify the charging of a rate by a Canadian carrier otherwise than in accordance with a tariff approved by the Commission if the Commission is satisfied that the rate (a) was charged because of an error or other circumstance that warrants the ratification; or Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Services Sections 25-27 (b) was imposed in conformity with the laws of a province before the operations of the carrier were regulated under any Act of Parliament. 1993, c. 38, s. 25; 1999, c. 31, s. 199(F). Effective date of tariff 26 Within forty-five business days after a tariff is filed by a Canadian carrier, the Commission shall (a) approve the tariff, with or without amendments, or substitute or require the carrier to substitute another tariff for it; (b) disallow the tariff; or (c) make public written reasons why the Commission has not acted under paragraph (a) or (b) and specify the period of time within which the Commission intends to do so. Just and reasonable rates 27 (1) Every rate charged by a Canadian carrier for a telecommunications service shall be just and reasonable. Unjust discrimination (2) No Canadian carrier shall, in relation to the provision of a telecommunications service or the charging of a rate for it, unjustly discriminate or give an undue or unreasonable preference toward any person, including itself, or subject any person to an undue or unreasonable disadvantage. Questions of fact (3) The Commission may determine in any case, as a question of fact, whether a Canadian carrier has complied with this section or section 25 or 29, or with any decision made under section 24, 25, 29, 34 or 40. Burden of proof (4) The burden of establishing before the Commission that any discrimination is not unjust or that any preference or disadvantage is not undue or unreasonable is on the Canadian carrier that discriminates, gives the preference or subjects the person to the disadvantage. Method (5) In determining whether a rate is just and reasonable, the Commission may adopt any method or technique that it considers appropriate, whether based on a carrier’s return on its rate base or otherwise. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Services Sections 27-28 Exception (6) Notwithstanding subsections (1) and (2), a Canadian carrier may provide telecommunications services at no charge or at a reduced rate (a) to the carrier’s directors, officers, employees or former employees; or (b) with the approval of the Commission, to any charitable organization or disadvantaged person or other person. 1993, c. 38, s. 27; 2014, c. 20, s. 239. Roaming 27.1 [Repealed, 2014, c. 20, s. 240] Paper bill 27.2 Any person who provides telecommunications services shall not charge a subscriber for providing the subscriber with a paper bill. 2014, c. 39, s. 194. Transmission of broadcasts 28 (1) The Commission shall have regard to the broadcasting policy for Canada set out in subsection 3(1) of the Broadcasting Act in determining whether any discrimination is unjust or any preference or disadvantage is undue or unreasonable in relation to any transmission of programs, as defined in subsection 2(1) of that Act, that is primarily direct to the public and made (a) by satellite; or (b) through the terrestrial distribution facilities of a Canadian carrier, whether alone or in conjunction with facilities owned by a broadcasting undertaking. Satellite transmission of broadcasts (2) Where a person who carries on a broadcasting undertaking does not agree with a Canadian carrier with respect to the allocation of satellite capacity for the transmission by the carrier of programs, as defined in subsection 2(1) of the Broadcasting Act, the Commission may allocate satellite capacity to particular broadcasting undertakings if it is satisfied that the allocation will further the implementation of the broadcasting policy for Canada set out in subsection 3(1) of that Act. Idem (3) Before the Commission exercises its power under subsection (2), it shall take into account the carrier’s role Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Roaming Sections 28-32 as a telecommunications common carrier and any operational constraints identified by the carrier. 1993, c. 38, s. 28; 1999, c. 31, s. 200(F). Approval of working agreements 29 No Canadian carrier shall, without the prior approval of the Commission, give effect to any agreement or arrangement, whether oral or written, with another telecommunications common carrier respecting (a) the interchange of telecommunications by means of their telecommunications facilities; (b) the management or operation of either or both of their facilities or any other facilities with which either or both are connected; or (c) the apportionment of rates or revenues between the carriers. 1993, c. 38, s. 29; 1999, c. 31, s. 201(F). Recovery of charges 30 In default of payment, a rate charged by a Canadian carrier in accordance with this Act for a telecommunications service constitutes a debt due to the carrier and may be recovered in a court of competent jurisdiction. Limitations on liability 31 No limitation of a Canadian carrier’s liability in respect of a telecommunications service is effective unless it has been authorized or prescribed by the Commission. General powers 32 The Commission may, for the purposes of this Part, (a) approve the establishment of classes of telecommunications services and permit different rates to be charged for different classes of service; (b) determine standards in respect of the technical aspects of telecommunications applicable to telecommunications facilities operated by or connected to those of a Canadian carrier; (c) amend any tariff filed under section 25 or any agreement or arrangement submitted for approval under section 29; (d) suspend or disallow any portion of a tariff, agreement or arrangement that is in its opinion inconsistent with this Part; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Roaming Sections 32-34 (e) substitute or require the Canadian carrier to substitute other provisions for those disallowed; (f) require the Canadian carrier to file another tariff, agreement or arrangement, or another portion of it, in substitution for a suspended or disallowed tariff, agreement, arrangement or portion; and (g) in the absence of any applicable provision in this Part, determine any matter and make any order relating to the rates, tariffs or telecommunications services of Canadian carriers. Integral activities of affiliates 33 Where a Canadian carrier provides a basic telecommunications service and, in the opinion of the Commission, (a) an activity of an affiliate of the carrier is integral to the provision of the service by the carrier, and (b) the Commission’s other powers under this Act are not sufficient for the purpose of ensuring that the rates charged by the carrier for telecommunications services are just and reasonable, the Commission may, for that purpose, treat some or all of the earnings of the affiliate from the activity as if they were earnings of the carrier. Forbearance Forbearance by Commission 34 (1) The Commission may make a determination to refrain, in whole or in part and conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to a telecommunications service or class of services provided by a Canadian carrier, where the Commission finds as a question of fact that to refrain would be consistent with the Canadian telecommunications policy objectives. Idem (2) Where the Commission finds as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is or will be subject to competition sufficient to protect the interests of users, the Commission shall make a determination to refrain, to the extent that it considers appropriate, conditionally or unconditionally, from the exercise of any power or the performance of any duty under sections 24, 25, 27, 29 and 31 in relation to the service or class of services. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Forbearance Sections 34-35 Exception (3) The Commission shall not make a determination to refrain under this section in relation to a telecommunications service or class of services if the Commission finds as a question of fact that to refrain would be likely to impair unduly the establishment or continuance of a competitive market for that service or class of services. Effect of forbearance (4) The Commission shall declare that sections 24, 25, 27, 29 and 31 do not apply to a Canadian carrier to the extent that those sections are inconsistent with a determination of the Commission under this section. 1993, c. 38, s. 34; 1999, c. 31, s. 202(F). Order to Provide Services Order to provide services 35 (1) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by an affiliate of a Canadian carrier is not subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to provide the service or class of services in any manner, to any extent and subject to any conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class. Order to discontinue service (2) Where the Commission determines as a question of fact that a telecommunications service or class of services provided by a Canadian carrier is subject to a degree of competition that is sufficient to ensure just and reasonable rates and prevent unjust discrimination and undue or unreasonable preference or disadvantage, the Commission may require the Canadian carrier to discontinue the service or class of services in the manner, to the extent and subject to the conditions determined by the Commission, if it is satisfied that it would be an effective and practical means of achieving the purposes of section 27 with respect to the service or class. Meaning of affiliate (3) In subsection (1), affiliate, in relation to a Canadian carrier, means a person who controls the carrier, or who is controlled by the carrier or by any person who controls the carrier. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Content of Messages Sections 36-39 Content of Messages Content of messages 36 Except where the Commission approves otherwise, a Canadian carrier shall not control the content or influence the meaning or purpose of telecommunications carried by it for the public. Provision of Information Information requirements 37 (1) The Commission may require a Canadian carrier (a) to adopt any method of identifying the costs of providing telecommunications services and to adopt any accounting method or system of accounts for the purposes of the administration of this Act; or (b) to submit to the Commission, in periodic reports or in such other form and manner as the Commission specifies, any information that the Commission considers necessary for the administration of this Act or any special Act. Exception (2) Where the Commission believes that a person other than a Canadian carrier is in possession of information that the Commission considers necessary for the administration of this Act or any special Act, the Commission may require that person to submit the information to the Commission in periodic reports or in such other form and manner as the Commission specifies, unless the information is a confidence of the executive council of a province. Transmittal (3) The Commission shall, on request, provide the Minister or the Chief Statistician of Canada with any information submitted to the Commission. 1993, c. 38, s. 37; 1999, c. 31, s. 203(F). Access to information 38 Subject to section 39, the Commission shall make available for public inspection any information submitted to the Commission in the course of proceedings before it. Designation of information 39 (1) For the purposes of this section, a person who submits any of the following information to the Commission may designate it as confidential: (a) information that is a trade secret; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Information Section 39 (b) financial, commercial, scientific or technical information that is confidential and that is treated consistently in a confidential manner by the person who submitted it; or (c) information the disclosure of which could reasonably be expected (i) to result in material financial loss or gain to any person, (ii) to prejudice the competitive position of any person, or (iii) to affect contractual or other negotiations of any person. Information not to be disclosed (2) Subject to subsections (4), (5), (5.1) and (6), where a person designates information as confidential and the designation is not withdrawn by that person, no person described in subsection (3) shall knowingly disclose the information, or knowingly allow it to be disclosed, to any other person in any manner that is calculated or likely to make it available for the use of any person who may benefit from the information or use the information to the detriment of any person to whose business or affairs the information relates. Persons who shall not disclose information (3) Subsection (2) applies to any person referred to in any of the following paragraphs who comes into possession of designated information while holding the office or employment described in that paragraph, whether or not the person has ceased to hold that office or be so employed: (a) a member of, or person employed by, the Commission; (b) in respect of information disclosed under paragraph 4(b) or 5(b), the Commissioner of Competition appointed under the Competition Act or a person whose duties involve the carrying out of that Act and who is referred to in section 25 of that Act; (c) in respect of information provided under subsection 37(3), the Minister, the Chief Statistician of Canada, an agent of or a person employed in the federal public administration. Disclosure of information submitted in proceedings (4) If designated information is submitted in the course of proceedings before the Commission, the Commission may Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Information Section 39 (a) disclose or require its disclosure if it determines, after considering any representations from interested persons, that the disclosure is in the public interest; and (b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it determines that the information is relevant to competition issues being considered in the proceedings. Disclosure of other information (5) If designated information is submitted to the Commission otherwise than in the course of proceedings before it, the Commission may (a) disclose or require its disclosure if, after considering any representations from interested persons, it considers that the information is relevant to the determination of a matter before it and determines that the disclosure is in the public interest; and (b) disclose or require its disclosure to the Commissioner of Competition on the Commissioner’s request if it considers that the information is relevant to competition issues being raised in the matter before it. Use of information disclosed to Commissioner of Competition (5.01) Neither the Commissioner of Competition nor any person whose duties involve the administration and enforcement of the Competition Act and who is referred to in section 25 of that Act shall use information that is disclosed (a) under paragraph (4)(b) other than to facilitate the Commissioner’s participation in proceedings referred to in subsection (4); or (b) under paragraph (5)(b) other than to facilitate the Commissioner’s participation in a matter referred to in subsection (5). Disclosure (5.1) The Commission may disclose designated information obtained by it in the performance or exercise of its duties or powers related to section 41, in respect of conduct carried out by electronic means, in accordance with subsection 58(1) or 60(1) of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Provision of Information Sections 39-41 Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. Information inadmissible (6) Designated information that is not disclosed or required to be disclosed under this section is not admissible in evidence in any judicial proceedings except proceedings for failure to submit information required to be submitted under this Act or any special Act or for forgery, perjury or false declaration in relation to the submission of the information. 1993, c. 38, s. 39; 2003, c. 22, s. 224(E); 2010, c. 23, s. 88; 2014, c. 39, s. 195. Connection of Facilities Order for connection 40 (1) The Commission may order a Canadian carrier to connect any of the carrier’s telecommunications facilities to any other telecommunications facilities. Conditions of order (2) An order may require the connection to be made at or within such time, and subject to such conditions, if any, as to compensation or otherwise, as the Commission determines to be just and expedient. Unsolicited Telecommunications Prohibition or regulation by Commission 41 (1) The Commission may, by order, prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications to the extent that the Commission considers it necessary to prevent undue inconvenience or nuisance, giving due regard to freedom of expression. Exception (2) Despite subsection (1), the Commission may not prohibit or regulate the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is (a) a commercial electronic message to which section 6 of An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Unsolicited Telecommunications Sections 41-41.21 Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies; or (b) a commercial electronic message referred to in subsection 6(5) of that Act, except to the extent that it is one referred to in subsection 6(8) of that Act. 1993, c. 38, s. 41; 2010, c. 23, s. 89. Do not call list 41.1 Sections 41.2 to 41.7 create a legislative framework for a national do not call list. 2005, c. 50, s. 1. Administration by Commission 41.2 The Commission may, for the purposes of section 41, (a) administer databases or information, administrative or operational systems; (b) determine any matter, and make any order, with respect to the databases or the information, administrative or operational systems; and (c) conduct investigations to determine whether there has been a contravention of any order made under that section. 2005, c. 50, s. 1; 2012, c. 19, s. 596. Fees 41.21 (1) The Commission may make regulations prescribing fees, and respecting their calculation and payment, to be paid by any person who acquires information from the databases or the information, administrative or operational systems referred to in section 41.2 for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under that section and that are not recovered under any regulation made under section 68. Debt due to Her Majesty (2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction. Prepublication of regulations (3) The Commission shall publish any regulations that it proposes to make under subsection (1) and shall give interested persons a reasonable opportunity to make Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Unsolicited Telecommunications Sections 41.21-41.41 representations to the Commission with respect to the proposed regulations. Modification after publication (4) Proposed regulations that are modified after publication need not be published again under subsection (3). 2012, c. 19, s. 597. Delegation of powers 41.3 (1) The Commission may, in writing and on specified terms, delegate to any person, including any body created by the Commission for that purpose, any of its powers under section 41.2 and the power to collect fees that it prescribes under subsection 41.21(1). Decision of delegate (2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission. Decision of Commission (3) For greater certainty, a delegation of powers is a decision of the Commission. Revocation of delegation (4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission. 2005, c. 50, s. 1; 2012, c. 19, s. 598. Rates 41.4 (1) A delegate may charge rates for exercising delegated powers. (2) [Repealed, 2012, c. 19, s. 599] 2005, c. 50, s. 1; 2012, c. 19, s. 599. Financial Administration Act does not apply 41.41 (1) Despite the Financial Administration Act, money collected by a delegate is deemed not to be public money. Exception — fees (2) However, any fees that are prescribed under subsection 41.21(1) and collected by the delegate are public money when they are paid to the Receiver General. 2012, c. 19, s. 600. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Unsolicited Telecommunications Sections 41.5-41.7 Regulation of rates and delegated powers 41.5 The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise, and the manner in which the delegate exercises any of the delegated powers. 2005, c. 50, s. 1. Report to Minister 41.6 (1) The Commission shall, within six months after the end of each fiscal year, deliver a report to the Minister on the operation of the national do not call list in that fiscal year. Content of report (2) The report shall set out any costs or expenditures related to the list, the number of Canadians using the list, the number of telemarketers accessing the list, any inconsistencies in the prohibitions or requirements of the Commission under section 41 that are applicable to the operation of the list, and an analysis of the effectiveness of the list. Tabling of report (3) The Minister shall cause a copy of the report referred to in subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report. 2005, c. 50, s. 1. Exemptions 41.7 (1) An order made by the Commission that imposes a prohibition or requirement under section 41 that relates to information contained in any database or any information, administrative or operational system administered under section 41.2 for the purpose of a national do not call list does not apply in respect of a telecommunication (a) made by or on behalf of a registered charity within the meaning of subsection 248(1) of theIncome Tax Act; (b) made to a person (i) with whom the person making the telecommunication, or the person or organization on whose behalf the telecommunication is made, has an existing business relationship, and (ii) who has not made a do not call request in respect of the person or organization on whose behalf the telecommunication is made; (c) made by or on behalf of a political party that is a registered party as defined in subsection 2(1) of the Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Unsolicited Telecommunications Section 41.7 Canada Elections Act or that is registered under provincial law for the purposes of a provincial or municipal election; (d) made by or on behalf of a nomination contestant, leadership contestant or candidate of a political party described in paragraph (c) or by or on behalf of the official campaign of such a contestant or candidate; (e) made by or on behalf of an association of members of a political party described in paragraph (c) for an electoral district; (f) made for the sole purpose of collecting information for a survey of members of the public; or (g) made for the sole purpose of soliciting a subscription for a newspaper of general circulation. Definitions (2) The following definitions apply in subsection (1). candidate means a candidate as defined in subsection 2(1) of the Canada Elections Act or a candidate whose nomination has been confirmed, for the purposes of a provincial or municipal election, by a political party that is registered under provincial law. (candidat) existing business relationship means a business relationship that has been formed by a voluntary two-way communication between the person making the telecommunication and the person to whom the telecommunication is made, arising from (a) the purchase of services or the purchase, lease or rental of products, within the eighteen-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made from the person or organization on whose behalf the telecommunication is made; (b) an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made; or (c) any other written contract between the person to whom the telecommunication is made and the person or organization on whose behalf the telecommunication is made that is currently in existence or that expired within the eighteen-month period immediately Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Unsolicited Telecommunications Sections 41.7-42 preceding the date of the telecommunication. (relation d’affaires en cours) leadership contestant means a leadership contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for the leadership of a political party that is registered under provincial law. (candidat à la direction) nomination contestant means a nomination contestant as defined in subsection 2(1) of the Canada Elections Act or a contestant for nomination by a political party that is registered under provincial law as its candidate in a provincial or municipal election. (candidat à l’investiture) Identification of purpose (3) Any person making a telecommunication referred to in subsection (1) must, at the beginning of the telecommunication, identify the purpose of the telecommunication and the person or organization on whose behalf the telecommunication is made. Distinct do not call lists (4) Every person or organization that, by virtue of subsection (1), is exempt from the application of an order made by the Commission that imposes a prohibition or requirement under section 41 shall maintain their own do not call list and shall ensure that no telecommunication is made on their behalf to any person who has requested that they receive no telecommunication made on behalf of that person or organization. Exception (5) Subsections (3) and (4) do not apply in respect of a person making a telecommunication referred to in paragraph (1)(f). 2005, c. 50, s. 1. Construction and Expropriation Powers Works ordered by Commission 42 (1) Subject to any contrary provision in any Act other than this Act or any special Act, the Commission may, by order, in the exercise of its powers under this Act or any special Act, require or permit any telecommunications facilities to be provided, constructed, installed, altered, moved, operated, used, repaired or maintained or any property to be acquired or any system or method to be adopted, by any person interested in or affected by the order, and at or within such time, subject to such conditions as to compensation or otherwise and under such Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Construction and Expropriation Powers Sections 42-43 supervision as the Commission determines to be just and expedient. Payment of costs (2) The Commission may specify by whom, in what proportion and at or within what time the cost of doing anything required or permitted to be done under subsection (1) shall be paid. Definition 43 (1) In this section and section 44, distribution undertaking has the same meaning as in subsection 2(1) of the Broadcasting Act. Entry on public property (2) Subject to subsections (3) and (4) and section 44, a Canadian carrier or distribution undertaking may enter on and break up any highway or other public place for the purpose of constructing, maintaining or operating its transmission lines and may remain there for as long as is necessary for that purpose, but shall not unduly interfere with the public use and enjoyment of the highway or other public place. Consent of municipality (3) No Canadian carrier or distribution undertaking shall construct a transmission line on, over, under or along a highway or other public place without the consent of the municipality or other public authority having jurisdiction over the highway or other public place. Application by carrier (4) Where a Canadian carrier or distribution undertaking cannot, on terms acceptable to it, obtain the consent of the municipality or other public authority to construct a transmission line, the carrier or distribution undertaking may apply to the Commission for permission to construct it and the Commission may, having due regard to the use and enjoyment of the highway or other public place by others, grant the permission subject to any conditions that the Commission determines. Access by others (5) Where a person who provides services to the public cannot, on terms acceptable to that person, gain access to the supporting structure of a transmission line constructed on a highway or other public place, that person may Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Construction and Expropriation Powers Sections 43-46 apply to the Commission for a right of access to the supporting structure for the purpose of providing such services and the Commission may grant the permission subject to any conditions that the Commission determines. 1993, c. 38, s. 43; 1999, c. 31, s. 204(F). Applications by municipalities and other authorities 44 On application by a municipality or other public authority, the Commission may (a) order a Canadian carrier or distribution undertaking, subject to any conditions that the Commission determines, to bury or alter the route of any transmission line situated or proposed to be situated within the jurisdiction of the municipality or public authority; or (b) prohibit the construction, maintenance or operation by a Canadian carrier or distribution undertaking of any such transmission line except as directed by the Commission. Drainage and utilities 45 On application by a municipality or other public authority, or by an owner of land, the Commission may authorize the construction of drainage works or the laying of utility pipes on, over, under or along a transmission line of a Canadian carrier or any lands used for the purposes of a transmission line, subject to any conditions that the Commission determines. 1993, c. 38, s. 45; 1999, c. 31, s. 205(F). Expropriation by carrier 46 (1) If, in the opinion of a Canadian carrier, the taking or acquisition by the carrier of any land, an interest or, in the Province of Quebec, a right in any land without the consent of the owner is required for the purpose of providing telecommunications services to the public, the carrier may, with the approval of the Commission, so advise the appropriate Minister in relation to Part I of the Expropriation Act. Copies of opinion (2) The Commission shall provide a copy of its approval to the Minister, to the appropriate Minister in relation to Part I of the Expropriation Act and to each owner of, or person having an interest or right in, the land. Interpretation (3) For the purposes of the Expropriation Act, if the appropriate Minister advised under subsection (1) is of the opinion that the land or the interest or right in land is required for the purpose of providing telecommunications services to the public, Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Construction and Expropriation Powers Sections 46-46.2 (a) the land or the interest or right in land is deemed to be, in the opinion of that Minister, required for a public work or other public purpose; (b) a reference to the Crown in that Act is deemed to be a reference to the Canadian carrier; and (c) the carrier is liable to pay any amounts required to be paid under subsection 10(9) and sections 25, 29 and 36 of that Act in respect of the land or the interest or right in land. Liability to Crown for expenses (4) The expenses incurred in carrying out any function of the Attorney General of Canada under the Expropriation Act in relation to any land or any interest or right in land referred to in subsection (3) constitute a debt due to Her Majesty in right of Canada by the Canadian carrier and are recoverable in a court of competent jurisdiction. 1993, c. 38, s. 46; 2004, c. 25, s. 177. Telecommunications Numbering and Other Matters Administration by Commission 46.1 The Commission may, if it determines that to do so would facilitate the interoperation of Canadian telecommunications networks, (a) administer (i) databases or information, administrative or operational systems related to the functioning of telecommunications networks, or (ii) numbering resources used in the functioning of telecommunications networks, including the portion of the North American Numbering Plan resources that relates to Canadian telecommunications networks; and (b) determine any matter and make any order with respect to the databases, information, administrative or operational systems or numbering resources. 1998, c. 8, s. 6. Delegation of powers 46.2 (1) The Commission may, in writing and on specified terms, delegate any of its powers under section 46.1 to any person, including any body created by the Commission for that purpose. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Telecommunications Numbering and Other Matters Sections 46.2-46.5 Decision of delegate (2) For the purposes of sections 62 and 63, a decision of a delegate is deemed to be a decision of the Commission. Decision of Commission (3) For greater certainty, a delegation of powers is a decision of the Commission. Revocation of delegation (4) The Commission may, in writing, revoke a delegation of powers. A revocation is deemed not to be a decision of the Commission. 1998, c. 8, s. 6. Rates 46.3 (1) Subject to subsection (2), a delegate may charge rates for exercising delegated powers. Regulation of rates (2) The Commission may regulate the rates charged by a delegate, whether by requiring pre-approval of the rates or otherwise. Financial Administration Act does not apply (3) Notwithstanding the Financial Administration Act, money collected by a delegate is deemed not to be public money. 1998, c. 8, s. 6. Regulation of conditions and rates 46.4 The Commission may regulate (a) the manner in which any person provides services relating to any of the matters referred to in paragraph 46.1(a); and (b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the person. 1998, c. 8, s. 6. Contribution to fund 46.5 (1) The Commission may require any telecommunications service provider to contribute, subject to any conditions that the Commission may set, to a fund to support continuing access by Canadians to basic telecommunications services. Designation of administrator (2) The Commission must designate a person to administer the fund. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Telecommunications Numbering and Other Matters Sections 46.5-46.8 Regulation of administration and rates (3) The Commission may regulate (a) the manner in which the administrator administers the fund; and (b) the rates, whether by requiring pre-approval of the rates or otherwise, charged by the administrator for administering the fund. 1998, c. 8, s. 6. Non-application of sections 12 and 62 46.6 Sections 12 and 62 do not apply in respect of a decision of the Commission, made on or after the day on which this section comes into force, on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas. 2021, c. 23, s. 202. Review of funding decisions 46.7 The Commission may, on its own motion, review and rescind or vary a decision made by it on whether or not to allocate funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas or re-hear a matter before rendering such a decision. 2021, c. 23, s. 202. Request from federal minister or agency 46.8 (1) The Commission shall, on request, provide a federal minister, other than the Minister, or an agency of the Government of Canada with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas. Restriction (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support. Use (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Telecommunications Numbering and Other Matters Sections 46.8-46.9 Confidentiality and disclosure (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to the Minister; (b) to any minister or agency that is entitled to make a request under this section; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9. Use, confidentiality and disclosure (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4). 2021, c. 23, s. 202. Request from provincial minister or agency 46.9 (1) The Commission may, on request, provide a provincial minister or a provincial government agency with any information that is submitted to the Commission in the course of a proceeding before it relating to the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas if providing the information would not, in the opinion of the Commission, advantage the provincial government or provincial government agency concerned. Restriction (2) The minister or agency may make a request only if the minister or agency is authorized to provide financial support for access to telecommunications services in underserved areas and the minister or agency considers the information to be relevant to coordinating that financial support. Use (3) The minister or agency may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas. Confidentiality and disclosure (4) The minister or agency shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Telecommunications Numbering and Other Matters Sections 46.9-46.91 (a) to the Minister; (b) to any minister or agency that is entitled to make a request under section 46.8; and (c) with the approval of the Commission, to any minister or agency that is entitled to make a request under this section. Use, confidentiality and disclosure (5) A minister or agency to whom information is disclosed under subsection (4) may use the information only for the purpose referred to in subsection (3). The minister or agency shall treat the information as confidential but may disclose it in accordance with subsection (4). 2021, c. 23, s. 202. Status of application for funding 46.91 (1) The Commission shall, on request, provide the Minister with information concerning the status of any application submitted to it for the allocation of funding from a fund referred to in section 46.5 to expand access to telecommunications services in underserved areas. Restriction (2) The Minister may make a request only if the Minister considers the information to be relevant to coordinating financial support for access to telecommunications services in underserved areas. Use (3) The Minister may use information received under subsection (1) only for the purpose of coordinating financial support for access to telecommunications services in underserved areas. Confidentiality and disclosure (4) The Minister shall treat information received under subsection (1) as confidential but may disclose it for the purpose referred to in subsection (3) (a) to any minister or agency that is entitled to make a request under section 46.8; and (b) with the approval of the Commission, to any minister or agency that is entitled to make a request under section 46.9. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART III Rates, Facilities and Services Telecommunications Numbering and Other Matters Sections 46.91-48 Disclosure not waiver (5) The disclosure of information under subsection (1) or (4) does not, by itself, constitute a waiver of any privilege that may exist with respect to the information. 2021, c. 23, s. 202. PART IV Administration Exercise of Powers Commission subject to orders and standards 47 The Commission shall exercise its powers and perform its duties under this Act and any special Act (a) with a view to implementing the Canadian telecommunications policy objectives and ensuring that Canadian carriers provide telecommunications services and charge rates in accordance with section 27; and (b) in accordance with any orders made by the Governor in Council under section 8 or any standards prescribed by the Minister under section 15. Inquiries and determinations 48 (1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under Part II, except in relation to international submarine cables, Part III or this Part or under any special Act, and the Commission shall inquire into any matter on which it is required to report or take action under section 14. Accessibility inquiries (1.1) The Commission may, on application by any interested person or on its own motion, inquire into and make a determination in respect of anything prohibited, required or permitted to be done under sections 51 to 53 of the Accessible Canada Act. Interested persons (2) The decision of the Commission that a person is or is not an interested person is binding and conclusive. 1993, c. 38, s. 48; 2019, c. 10, s. 162. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Exercise of Powers Sections 49-54 Quorum 49 For the purposes of this Act, a quorum of the Commission consists of two members, but in uncontested matters a quorum consists of one member. Extension of time 50 The Commission may extend the period, whether fixed by regulation or otherwise, for doing anything required to be done in proceedings before it or under any of its decisions. Mandatory and restraining orders 51 The Commission may order a person, at or within any time and subject to any conditions that it determines, to do anything the person is required to do under this Act, under sections 51 to 53 of the Accessible Canada Act or under any special Act, and may forbid a person to do anything that the person is prohibited from doing under this Act, under those sections of the Accessible Canada Act or under any special Act. 1993, c. 38, s. 51; 2019, c. 10, s. 163. Questions of law and fact 52 (1) The Commission may, in exercising its powers and performing its duties under this Act or any special Act, determine any question of law or of fact, and its determination on a question of fact is binding and conclusive. Factual findings of court (2) In determining a question of fact, the Commission is not bound by the finding or judgment of any court, but the finding or judgment of a court is admissible in proceedings of the Commission. Pending proceedings (3) The power of the Commission to hear and determine a question of fact is not affected by proceedings pending before any court in which the question is in issue. Counsel assigned by Minister of Justice 53 Where an issue of particular importance affecting the public interest arises, or may arise, in the course of proceedings before the Commission, the Minister of Justice may, at the request of the Commission or of the Minister’s own motion, instruct counsel to intervene in the proceedings with respect to the issue. In camera hearings 54 A hearing or a portion of a hearing before the Commission may, on the request of any party to the hearing, or on the Commission’s own motion, be held in camera if Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Exercise of Powers Sections 54-59 that party establishes to the satisfaction of the Commission, or the Commission determines, that the circumstances of the case so require. Judicial powers 55 The Commission has the powers of a superior court with respect to (a) the attendance and examination of witnesses; (b) the production and examination of any document, information or thing; (c) the enforcement of its decisions; (d) the entry on and inspection of property; and (e) the doing of anything else necessary for the exercise of its powers and the performance of its duties. Award of costs 56 (1) The Commission may award interim or final costs of and incidental to proceedings before it and may fix the amount of the costs or direct that the amount be taxed. Payment of costs (2) The Commission may order by whom and to whom any costs are to be paid and by whom they are to be taxed and may establish a scale for the taxation of costs. Rules, orders and regulations 57 The Commission may make rules, orders and regulations respecting any matter or thing within the jurisdiction of the Commission under this Act or any special Act. Guidelines and Advice Guidelines 58 The Commission may from time to time issue guidelines and statements with respect to any matter within its jurisdiction under this Act or any special Act, but the guidelines and statements are not binding on the Commission. Advice 59 (1) Where a person proposes to provide a telecommunications service that would utilize telecommunications services obtained from a Canadian carrier, the Commission may, on application by the person or the carrier, advise the applicant whether and under what conditions the carrier is obliged or entitled to provide telecommunications services for the purpose of that utilization under the applicable decisions of the Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Guidelines and Advice Sections 59-63 Commission and tariffs of the carrier, but the advice is not binding on the Commission. Saving (2) This section does not affect the power of the Commission to advise any person with respect to any other matter within its jurisdiction. Decisions of Commission Partial or additional relief 60 The Commission may grant the whole or any portion of the relief applied for in any case, and may grant any other relief in addition to or in substitution for the relief applied for as if the application had been for that other relief. Conditional decisions 61 (1) The Commission may, in any decision, provide that the whole or any portion of the decision shall come into force on, or remain in force until, a specified day, the occurrence of a specified event, the fulfilment of a specified condition, or the performance to the satisfaction of the Commission, or of a person named by it, of a requirement imposed on any interested person. Interim decisions (2) The Commission may make an interim decision and may make its final decision effective from the day on which the interim decision came into effect. Ex parte decisions (3) The Commission may make an ex parte decision where it considers that the circumstances of the case justify it. Review of decisions 62 The Commission may, on application or on its own motion, review and rescind or vary any decision made by it or re-hear a matter before rendering a decision. 1993, c. 38, s. 62; 2021, c. 23, s. 203(F). Enforcement in Federal Court 63 (1) A decision of the Commission may be made an order of the Federal Court or of a superior court of a province and may be enforced in the same manner as an order of that court as if it had been an order of that court on the date of the decision. Procedure (2) A decision of the Commission may be made an order of a court in accordance with the usual practice and Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Decisions of Commission Sections 63-64 procedure of the court in such matters, if any, or by the filing with the registrar of the court of a copy of the decision certified by the secretary to the Commission. Effect of revocation or amendment (3) Where a decision of the Commission that has been made an order of a court is rescinded or varied by a subsequent decision of the Commission, the order of the court is vacated and the decision of the Commission as varied may be made an order of the court in accordance with subsection (2). Saving (4) The Commission may enforce any of its decisions whether or not the decision has been made an order of a court. Appeals Appeal to Federal Court of Appeal 64 (1) An appeal from a decision of the Commission on any question of law or of jurisdiction may be brought in the Federal Court of Appeal with the leave of that Court. Application for leave (2) Leave to appeal shall be applied for within thirty days after the date of the decision appealed from or within such further time as a judge of the Court grants in exceptional circumstances, and the costs of the application are in the discretion of the Court. Notice (3) Notice of an application for leave to appeal shall be served on the Commission and on each party to the proceedings appealed from. Time limit for appeal (4) An appeal shall be brought within sixty days after the day on which leave to appeal is granted. Findings of fact (5) On an appeal, the Court may draw any inference that is not inconsistent with the findings of fact made by the Commission and that is necessary for determining a question of law or jurisdiction. Argument by Commission (6) The Commission is entitled to be heard on an application for leave to appeal and at any stage of an appeal, but costs may not be awarded against it or any of its members. 1993, c. 38, s. 64; 1999, c. 31, s. 206(F). Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Evidence Sections 65-67 Evidence Judicial notice 65 A decision of the Commission or a tariff approved by the Commission that is published in the Canada Gazette by or with leave of the Commission shall be judicially noticed. Business documents 66 (1) In proceedings under this Act, a document purporting to have been issued by a Canadian carrier or by an agent or a mandatary of a Canadian carrier is admissible in evidence against the carrier without proof of the issuance of the document by the carrier or the authenticity of its contents. Ministerial or Commission documents (2) A document appearing to be signed by the Minister, the Chairperson of the Commission or the secretary to the Commission is evidence of the official character of the person appearing to have signed it and, in the case of the Chairperson or secretary, of its issuance by the Commission, and if the document appears to be a copy of a decision or report, it is evidence of its contents. Copies (3) A copy of a document submitted to the Commission and appearing to be certified as a true copy by the secretary to the Commission is, without proof of the secretary’s signature, evidence of the original, of its submission to the Commission, of the date of its submission and of the signature of any person appearing to have signed it. Certificate (4) A certificate appearing to be signed by the secretary to the Commission and bearing the Commission’s seal is evidence of its contents without proof of the signature. 1993, c. 38, s. 66; 2001, c. 34, s. 32(E); 2004, c. 25, s. 178. Regulations Regulations 67 (1) The Commission may make regulations (a) prescribing standards governing the height of transmission lines of Canadian carriers, not inconsistent with standards prescribed under any other Act of Parliament; (b) establishing rules respecting its practice and procedure; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV Administration Regulations Sections 67-69 (b.1) prescribing classes of international telecommunications service licences; (b.2) requiring international telecommunications service licensees to publish their licences or otherwise make them available for public inspection; (c) establishing the criteria for the awarding of costs; and (d) generally for carrying out the purposes and provisions of this Act or any special Act. Application (2) Regulations made by the Commission may be of general application or applicable in respect of a particular case or class of cases. Incorporation by reference (3) Regulations made by the Commission incorporating any standard or enactment by reference may incorporate it as amended from time to time. 1993, c. 38, s. 67; 1998, c. 8, s. 7. Regulations prescribing fees 68 (1) The Commission may, with the approval of the Treasury Board, make regulations prescribing fees, and respecting their calculation and payment, for the purpose of recovering all or a portion of the costs that the Commission determines to be attributable to its responsibilities under this Act or any special Act. Debt due to Her Majesty (2) Fees required to be paid under this section constitute a debt due to Her Majesty in right of Canada and may be recovered in a court of competent jurisdiction. Pre-publication of regulations 69 (1) Any regulations proposed to be made under section 67 or 68 shall be published in the Canada Gazette at least sixty days before their proposed effective date, and a reasonable opportunity shall be given to interested persons to make representations to the Commission with respect to the proposed regulations. Idem (2) Proposed regulations that are modified after publication need not be published again under subsection (1). Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV.1 Telecommunications Apparatus Sections 69.1-69.3 PART IV.1 Telecommunications Apparatus Application Application 69.1 This Part applies to telecommunications apparatus that can be (a) connected to telecommunications networks of Canadian carriers; and (b) used by a telecommunications service subscriber at their premises. 1998, c. 8, s. 8. Prohibitions Registration 69.2 (1) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which registration is required under this Act, unless it is registered. Specifications and markings (2) No person shall distribute, lease, offer for sale, sell or import any telecommunications apparatus for which technical specifications or markings are required under section 69.3 or 69.4, unless the apparatus complies with those requirements. 1998, c. 8, s. 8; 2014, c. 39, s. 196. Minister’s Powers Minister’s powers 69.3 (1) Subject to any regulations made under section 69.4, the Minister may, taking into account all matters that the Minister considers relevant to further the Canadian telecommunications policy objectives, (a) register telecommunications apparatus and fix any conditions and the duration of the registration; (a.1) establish requirements for the registration of telecommunications apparatus; (a.2) establish the procedure governing applications for registration; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV.1 Telecommunications Apparatus Minister’s Powers Section 69.3 (b) amend the conditions and change the duration of the registration; (c) make available to the public any information regarding the registered telecommunications apparatus; (d) establish technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus and any requirements relating to those technical specifications and markings; (e) test telecommunications apparatus for compliance with technical specifications and markings required under this Part; (f) require an applicant for registration to disclose to the Minister any information that the Minister considers appropriate respecting the present and proposed use of the telecommunications apparatus in question; (f.1) establish fees for registration, applications for registration and examinations or testing in relation to registration, and respecting interest payable on unpaid fees; (g) require the registrant to inform the Minister of any material changes in information disclosed under paragraph (f); (g.1) establish requirements to recognize and designate foreign and domestic persons that are competent to assess whether telecommunications apparatus complies with the applicable foreign or domestic technical specifications; (h) [Repealed, 2014, c. 39, s. 197] (i) do any other thing necessary for the effective administration of this Part. Delegation of powers (2) The Minister may authorize any person to exercise any of the powers that are granted to the Minister under this Part, or by the regulations made under this Part, subject to any conditions that the Minister may fix. Suspension or revocation of registration (3) The Minister may suspend or revoke a registration (a) with the consent of the registrant; (b) after giving written notice to the registrant and giving the registrant a reasonable opportunity to make Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV.1 Telecommunications Apparatus Minister’s Powers Sections 69.3-69.4 representations to the Minister with respect to the notice, if the Minister is satisfied that (i) the registrant has contravened this Part, the regulations made under this Part or the conditions of the registration, (ii) the registration was obtained through misrepresentation, or (iii) the apparatus does not comply with the applicable technical specifications or markings; or (c) on giving written notice of suspension or revocation to the registrant, without having to give the registrant an opportunity to make representations to the Minister with respect to the notice, if the registrant has failed to comply with a request to pay fees or interest due. 1998, c. 8, s. 8; 2014, c. 39, s. 197. Powers of Governor in Council and Others Regulations 69.4 (1) The Governor in Council may make regulations (a) respecting requirements for technical specifications and markings in relation to telecommunications apparatus or any class of telecommunications apparatus; (b) [Repealed, 2014, c. 39, s. 198] (c) respecting the inspection, testing and approval of telecommunications apparatus in respect of a registration; (d) prescribing the form of registration or markings, or any class of registration or markings; (e) and (f) [Repealed, 2014, c. 39, s. 198] (g) prescribing the eligibility and qualifications of persons who may be appointed as inspectors, and the duties of inspectors; (h) for giving effect to international agreements, conventions or treaties respecting telecommunications apparatus to which Canada is a party; (i) [Repealed, 2014, c. 39, s. 198] (j) prescribing anything that by this Part is to be prescribed; and Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART IV.1 Telecommunications Apparatus Powers of Governor in Council and Others Sections 69.4-70 (k) generally for carrying out the purposes and provisions of this Part. Incorporation by reference (2) For greater certainty, a regulation made under subsection (1) incorporating by reference a classification, standard, procedure or other specification may incorporate the classification, standard, procedure or specification as amended from time to time. 1998, c. 8, s. 8; 2014, c. 39, s. 198. 69.5 [Repealed, 2014, c. 39, s. 199] PART V Investigation and Enforcement Inquiries Appointment by Commission 70 (1) The Commission may appoint any person to inquire into and report to the Commission on any matter (a) pending before the Commission or within the Commission’s jurisdiction under this Act or any special Act; or (b) on which the Commission is required to report under section 14. Appointment by Minister (2) The Minister may, with the approval of the Governor in Council, appoint any person to inquire into and report to the Minister on any matter in respect of which this Act or any special Act applies, and a copy of the report shall be sent to the Commission. Powers (3) For the purposes of an inquiry, a person appointed under this section has all the powers of a Commissioner under Part I of the Inquiries Act and of an inspector under subsection 71(4). Disclosure (4) The rules in section 39 respecting the designation and disclosure of information apply in respect of any information submitted to a person, or obtained in proceedings before a person, appointed under this section as if that person were a member of the Commission exercising the powers of the Commission. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Inquiries Sections 70-71 In camera hearings (5) The rules in section 54 respecting in camera hearings apply in hearings held before a person appointed under this section. Inspection Designation of inspectors 71 (1) The Commission may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act or any special Act for which the Commission is responsible, with the provisions of Division 1.1 of Part 16.1 of the Canada Elections Act, with sections 51 to 53 of the Accessible Canada Act and with the decisions of the Commission under this Act. Designation of inspectors (2) The Minister may designate any qualified person as an inspector for the purpose of verifying compliance or preventing non-compliance with the provisions of this Act for which the Minister is responsible. Certificate (3) An inspector shall be provided with a certificate of designation, which certificate the inspector shall present at the request of any person appearing to be in charge of any place entered by the inspector. Powers of inspectors (4) An inspector may, subject to subsection (5), for the purposes for which the inspector was designated an inspector, (a) enter, at any reasonable time, any place in which they believe on reasonable grounds there is any document, information or thing relevant to the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act, and examine the document, information or thing or remove it for examination or reproduction; (b) make use of, or cause to be made use of, any computer system at the place to examine any data contained in or available to the system; (c) reproduce any document, or cause it to be reproduced, from the data in the form of a print-out or other intelligible output and take the print-out or other output for examination or copying; and Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Inspection Section 71 (d) use any copying equipment or means of communication in the place. Warrant required to enter dwelling-house (5) An inspector may not enter a dwelling-house without the consent of the occupant or under the authority of a warrant. Authority to issue warrant (6) On an ex parte application, a justice of the peace may issue a warrant authorizing an inspector who is named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place described in paragraph (4)(a); (b) entry to the dwelling-house is necessary for the purpose of verifying compliance or preventing noncompliance with this Act, any special Act, or Division 1.1 of Part 16.1 of the Canada Elections Act; and (c) entry has been refused or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (7) An inspector executing a warrant issued under subsection (6) shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. Assistance to inspectors (8) The owner or person in charge of a place entered by an inspector shall provide all assistance that is reasonably required to enable the inspector to perform their functions under this Part, and shall provide any information that is reasonably expected for that purpose. Information requirement (9) An inspector who believes that a person is in possession of information that the inspector considers necessary for the purpose of verifying compliance or preventing non-compliance with this Act, any special Act, Division 1.1 of Part 16.1 of the Canada Elections Act or sections 51 to 53 of the Accessible Canada Act may, by notice, require that person to submit the information to the inspector in the form and manner and within the reasonable time that is stipulated in the notice. Obstruction, false information (10) No person shall Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Inspection Sections 71-72.001 (a) resist or wilfully obstruct the inspector in carrying out his or her duties; or (b) knowingly make a false or misleading statement, either orally or in writing, to the inspector. 1993, c. 38, s. 71; 1999, c. 31, s. 207(F); 2014, c. 12, s. 137, c. 39, ss. 200, 209; 2019, c. 10, s. 164. Civil Liability Damages 72 (1) Subject to any limitation of liability imposed in accordance with this or any other Act, a person who has sustained loss or damage as a result of any act or omission that is contrary to this Act or any special Act or a decision or regulation made under either of them may, in a court of competent jurisdiction, sue for and recover an amount equal to the loss or damage from any person who engaged in, directed, authorized, consented to or participated in the act or omission. Limitation (2) An action may not be brought in respect of any loss or damage referred to in subsection (1) more than two years after the day on which the act or omission occurred. Exception (3) Nothing in subsection (1) or (2) applies to any action for breach of a contract to provide telecommunications services or any action for damages in relation to a rate charged by a Canadian carrier. 1993, c. 38, s. 72; 2001, c. 4, s. 122(F). General Administrative Monetary Penalties Scheme Commission of violation 72.001 Every contravention of a provision of this Act, other than section 17 or 69.2, every contravention of a regulation or decision made by the Commission under this Act, other than a prohibition or a requirement of the Commission made under section 41, and every contravention of any of subsections 51(1) to (4) and (7), 52(1) to (3) and 53(1) to (3) and (6) of the Accessible Canada Act constitutes a violation and the person who commits the violation is liable (a) in the case of an individual, to an administrative monetary penalty not exceeding $25,000 and, for a subsequent contravention, a penalty not exceeding $50,000; or Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement General Administrative Monetary Penalties Scheme Sections 72.001-72.004 (b) in any other case, to an administrative monetary penalty not exceeding $10,000,000 and, for a subsequent contravention, a penalty not exceeding $15,000,000. 2014, c. 39, s. 201; 2019, c. 10, s. 165. Criteria for penalty 72.002 (1) The amount of the penalty is to be determined by taking into account the following factors: (a) the nature and scope of the violation; (b) the history of compliance with this Act, the regulations or the decisions made by the Commission under this Act, by the person who committed the violation; (c) any benefit that the person obtained from the commission of the violation; (d) the person’s ability to pay the penalty; (e) any factors established by any regulations; and (f) any other relevant factor. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act, the regulations or the decisions made by the Commission under this Act, and not to punish. 2014, c. 39, s. 201. Procedures 72.003 Despite subsection 72.005(1), the Commission may impose a penalty in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001. 2014, c. 39, s. 201. Power of Commission — violation 72.004 The Commission may (a) designate a person, or class of persons, that is authorized to issue notices of violation or accept an undertaking; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. 2014, c. 39, s. 201. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement General Administrative Monetary Penalties Scheme Sections 72.005-72.006 Issuance and service 72.005 (1) A person who is designated to issue notices of violation and who believes, on reasonable grounds, that a person has committed a violation may issue, and shall cause to be served on the person, a notice of violation. Contents of notice (2) The notice of violation must name the person believed to have committed the violation, identify the violation and include (a) the penalty that the person is liable to pay; (b) a statement as to the right of the person, within 30 days after the day on which the notice is served, or within any longer period that the Commission specifies, to pay the penalty or to make representations with respect to the violation and the penalty, and the manner for doing so; and (c) a statement indicating that if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the penalty may be imposed. 2014, c. 39, s. 201. Entry into undertaking 72.006 (1) A person may enter into an undertaking at any time. Contents (2) An undertaking (a) must be accepted by a person who is authorized to accept an undertaking; (b) must identify every act or omission that constitutes a contravention and that is covered by the undertaking; (c) must identify every provision or decision at issue; (d) may contain any conditions that the person who is authorized to accept an undertaking considers appropriate; and (e) may include a requirement to pay a specified amount. Undertaking before notice of violation (3) If a person enters into an undertaking, no notice of violation may be served on them in connection with any act or omission referred to in the undertaking. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement General Administrative Monetary Penalties Scheme Sections 72.006-72.008 Undertaking after notice of violation (4) If a person enters into an undertaking after a notice of violation is served on them, the proceeding that is commenced by the notice of violation is ended in respect of that person in connection with any act or omission referred to in the undertaking. Failure to respect undertaking (5) Failure to respect an undertaking constitutes a violation. 2014, c. 39, s. 201. Payment 72.007 (1) If a person who is served with a notice of violation pays the penalty proposed in the notice, the person is deemed to have committed the violation and the proceedings in respect of it are ended. Representations to Commission (2) If a person who is served with a notice of violation makes representations in accordance with the notice, the Commission shall decide, on a balance of probabilities, after considering any other representations that it considers appropriate, whether the person committed the violation and, if it so decides, it may impose the penalty set out in the notice, a lesser penalty or no penalty. Failure to pay or make representations (3) If a person who is served with a notice of violation neither pays the penalty nor makes representations in accordance with the notice, the person is deemed to have committed the violation and the Commission may impose the penalty. Copy of decision and notice of rights (4) The Commission shall cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64. 2014, c. 39, s. 201. Officer, director or agent or mandatary of corporations 72.008 An officer, director or agent or mandatary of a corporation that commits a violation is liable for the violation if they directed, authorized, assented to, acquiesced in or participated in the commission of the violation, whether or not the corporation is proceeded against. 2014, c. 39, s. 201. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement General Administrative Monetary Penalties Scheme Section 72.009 Debt due to Her Majesty 72.009 (1) The following amounts are debts due to Her Majesty in right of Canada that may be recovered in the Federal Court: (a) the amount of the penalty imposed by the Commission in a decision in the course of a proceeding before it under this Act in which it finds that there has been a contravention of a provision, a regulation or a decision referred to in section 72.001; (b) the amount payable under an undertaking entered into under subsection 72.006(1) beginning on the day specified in the undertaking or, if no day is specified, beginning on the day on which the undertaking is entered into; (c) the amount of the penalty set out in a notice of violation, beginning on the day on which it is required to be paid in accordance with the notice, unless representations are made in accordance with the notice; (d) if representations are made, either the amount of the penalty that is imposed by the Commission or on appeal, as the case may be, beginning on the day specified by the Commission or the court or, if no day is specified, beginning on the day on which the decision is made; and (e) the amount of any reasonable expenses incurred in attempting to recover an amount referred to in any of paragraphs (a) to (d). Time limit or prescription (2) A proceeding to recover such a debt may not be commenced later than five years after the day on which the debt becomes payable. Receiver General (3) A penalty paid or recovered in relation to a violation is payable to the Receiver General. Certificate of default (4) The Commission may issue a certificate for the unpaid amount of any debt referred to in subsection (1). Registration in Federal Court (5) Registration in the Federal Court of a certificate made under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs. 2014, c. 39, s. 201. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement General Administrative Monetary Penalties Scheme Sections 72.0091-72.0093 Time limit or prescription 72.0091 (1) A proceeding in respect of a violation may not be commenced later than three years after the day on which the subject-matter of the proceedings becomes known to the Commission. Certificate of secretary to Commission (2) A document appearing to have been issued by the secretary to the Commission, certifying the day on which the subject-matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2014, c. 39, s. 201. Publication 72.0092 The Commission may make public (a) the name of a person who enters into an undertaking, the nature of the undertaking including the acts or omissions, the provisions or the decisions at issue, the conditions included in the undertaking and, if applicable, the amount of the penalty; and (b) the name of a person who committed the violation, the nature of the violation including the acts or omissions and provisions or decisions at issue and the amount of the penalty. 2014, c. 39, s. 201. Regulations 72.0093 The Governor in Council may make regulations (a) exempting from the application of section 72.001 any provision of this Act or the regulations or any decision; (b) for the purpose of paragraph 72.002(1)(e), establishing other factors to be considered in determining the amount of the penalty; and (c) respecting undertakings entered into under subsection 72.006(1). 2014, c. 39, s. 201. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Administrative Monetary Penalties Scheme for Unsolicited Telecommunications Sections 72.01-72.07 Administrative Monetary Penalties Scheme for Unsolicited Telecommunications Commission of violation 72.01 Every contravention of a prohibition or requirement of the Commission under section 41 and every contravention of any provision of Division 1.1 of Part 16.1 of the Canada Elections Act constitutes a violation and the person who commits the violation is liable (a) in the case of an individual, to an administrative monetary penalty of up to $1,500; or (b) in the case of a corporation, to an administrative monetary penalty of up to $15,000. 2005, c. 50, s. 2; 2014, c. 12, s. 138. 72.02 [Repealed, 2014, c. 39, s. 203] Continuing violation 72.03 A violation that is continued on more than one day constitutes a separate violation in respect of each day during which it is continued. 2005, c. 50, s. 2. Power of Commission re notices of violation 72.04 (1) The Commission may (a) designate persons, or classes of persons, who are authorized to issue notices of violation; and (b) establish, in respect of each violation, a short-form description to be used in notices of violation. Certificate (2) A person designated under paragraph (1)(a) shall be provided with a certificate of designation, which certificate must be presented at the request of any person appearing to be in charge of any place entered by the designated person. 2005, c. 50, s. 2. 72.05 [Repealed, 2014, c. 39, s. 204] 72.06 [Repealed, 2014, c. 39, s. 204] Notice of violation 72.07 (1) A person authorized to issue notices of violation who believes on reasonable grounds that a person has committed a violation may issue, and shall cause to be served on that person, a notice of violation. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Administrative Monetary Penalties Scheme for Unsolicited Telecommunications Sections 72.07-72.09 Contents of notice (2) The notice of violation must name the person believed to have committed a violation, identify the violation and set out (a) the penalty for the violation as set out in section 72.01; (b) the right of the person, within 30 days after the notice is served, or within any longer period that the Commission specifies, to pay the penalty or to make representations to the Commission with respect to the violation, and the manner for doing so; and (c) the fact that, if the person does not pay the penalty or make representations in accordance with the notice, the person will be deemed to have committed the violation and the Commission may impose the penalty. 2005, c. 50, s. 2. Payment 72.08 (1) If the person pays the penalty set out in the notice of violation, the person is deemed to have committed the violation and proceedings in respect of it are ended. Representations to Commission (2) If the person makes representations in accordance with the notice, the Commission must decide, on a balance of probabilities, whether the person committed the violation and, if it so decides, it may impose the penalty. Failure to pay or make representations (3) A person who neither pays the penalty nor makes representations in accordance with the notice is deemed to have committed the violation and the Commission may impose the penalty. Copy of decision and notice of rights (4) The Commission must cause a copy of any decision made under subsection (2) or (3) to be issued and served on the person together with a notice of the person’s right to apply for a review under section 62 or for leave to appeal under section 64. 2005, c. 50, s. 2; 2014, c. 39, s. 205. Debts to Her Majesty 72.09 (1) An administrative monetary penalty constitutes a debt due to Her Majesty in right of Canada that may be recovered as such in the Federal Court. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Administrative Monetary Penalties Scheme for Unsolicited Telecommunications Sections 72.09-72.13 Time limit (2) No proceedings to recover a debt referred to in subsection (1) may be commenced later than five years after the debt became payable. Proceeds payable to Receiver General (3) An administrative monetary penalty paid or recovered in relation to a violation is payable to and shall be remitted to the Receiver General. Certificate of default (4) The unpaid amount of any debt referred to in subsection (1) may be certified by the Commission. Registration in Federal Court (5) Registration in the Federal Court of a certificate made under subsection (4) has the same effect as a judgment of that Court for a debt of the amount specified in the certificate and all related registration costs. 2005, c. 50, s. 2. 72.1 [Repealed, 2014, c. 39, s. 206] 72.11 [Repealed, 2014, c. 39, s. 206] Time limit 72.12 (1) No proceedings in respect of a violation may be commenced later than two years after the day on which the subject-matter of the proceedings became known to the Commission. Certificate of secretary to the Commission (2) A document appearing to have been issued by the secretary to the Commission, certifying the day on which the subject-matter of any proceedings became known to the Commission, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2005, c. 50, s. 2. Publication 72.13 The Commission may make public the nature of a violation, the name of the person who committed it, and the amount of the administrative monetary penalty. 2005, c. 50, s. 2. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Provisions Applicable to Both Administrative Monetary Penalties Schemes Sections 72.14-72.18 Provisions Applicable to Both Administrative Monetary Penalties Schemes Evidence 72.14 In a proceeding in respect of a violation, a notice purporting to be served under subsection 72.005(1) or 72.07(1) or a copy of a decision purporting to be served under subsection 72.007(4) or 72.08(4) is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. 2005, c. 50, s. 2; 2014, c. 39, s. 207. Defence 72.15 (1) It is a defence for a person in a proceeding in relation to a violation to establish that the person exercised due diligence to prevent the violation. Common law principles (2) Every rule and principle of the common law that makes any circumstance a justification or excuse in relation to a charge for an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2005, c. 50, s. 2; 2014, c. 12, s. 142.1, c. 39, ss. 207, 209. Vicarious liability — acts of employees, agents and mandataries 72.16 A person is liable for a violation that is committed by an employee of the person acting in the course of the employee’s employment, or by an agent or mandatary of the person acting within the scope of the agent’s or mandatary’s authority, whether or not the employee or agent or mandatary who actually committed the violation is identified or proceeded against. 2014, c. 39, s. 207. How act or omission may be proceeded with 72.17 If an act or omission can be proceeded with either as a violation or as an offence under this Act or Division 1.1 of Part 16.1 of the Canada Elections Act, proceeding in one manner precludes proceeding in the other. 2014, c. 12, s. 143.1, c. 39, ss. 207, 209. For greater certainty 72.18 For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply. 2014, c. 39, s. 207. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Provisions Applicable to Both Administrative Monetary Penalties Schemes Sections 72.18-73 Section 12 does not apply 72.19 Section 12 does not apply in respect of any decision of the Commission made under subsection 72.007(2) or (3) or 72.08(2) or (3) or the portion of the decision made under section 72.003 relating to the finding of a contravention and the imposition of a penalty. 2014, c. 39, s. 207. Group considered corporation 72.2 For the purposes of sections 71 and 72.01 to 72.19, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation. 2014, c. 12, s. 143, c. 39, s. 209. Offences Offences 73 (1) Every person who contravenes subsection 16(4) or 16.1(1) or (2) or section 17 is guilty of an offence punishable on summary conviction and liable (a) in the case of an individual, to a fine not exceeding fifty thousand dollars for a first offence, or one hundred thousand dollars for a subsequent offence; or (b) in the case of a corporation, to a fine not exceeding five hundred thousand dollars for a first offence, or one million dollars for a subsequent offence. Idem (2) Every person who (a) contravenes section 25, subsection 27(1) or (2) or section 69.2, (b) contravenes any condition referred to in section 9 or 24 or subsection 34(1) or (2), (c) contravenes any prohibition or requirement of the Commission under section 41, (d) knowingly makes a material misrepresentation of fact or omits to state a material fact to the Minister, the Commission, a person appointed under section 70 or an inspector appointed under section 71, or a person designated under section 72.004 or 72.04, or (e) contravenes any provision of Division 1.1 of Part 16.1 of the Canada Elections Act Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Offences Section 73 is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding ten thousand dollars for a first offence or twentyfive thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding one hundred thousand dollars for a first offence or two hundred and fifty thousand dollars for a subsequent offence. Idem (3) Every person who (a) contravenes any other provision of this Act or any special Act or any regulation or decision made under this Act, or (b) fails to do anything required or does anything prohibited under a provision, regulation or decision referred to in paragraph (a) is guilty of an offence punishable on summary conviction and liable, in the case of an individual, to a fine not exceeding five thousand dollars for a first offence or ten thousand dollars for a subsequent offence, and in the case of a corporation, to a fine not exceeding fifty thousand dollars for a first offence or one hundred thousand dollars for a subsequent offence. Consent of Minister required (4) A prosecution may not be commenced under this section in respect of a contravention of any provision of Part I, of section 17 or of any regulations made under subsection 22(2), or in respect of a material misrepresentation of fact or an omission to state a material fact to the Minister, without the consent of the Minister. Consent of Commission required (5) A prosecution may not be commenced in respect of any other offence without the consent of the Commission. Time limit (6) A prosecution may not be commenced under this Act later than two years after the occurrence of the act or omission that is the subject-matter of the proceedings. Injunctions (7) If a court of competent jurisdiction is satisfied, on application by the Minister, that a contravention of section 69.2 is being or is likely to be committed, the court may grant an injunction, subject to any conditions that the court considers appropriate, ordering any person to cease or refrain from any activity related to that offence. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Offences Sections 73-74.1 Federal Court (8) For the purposes of subsection (7), the Federal Court is a court of competent jurisdiction. Group considered corporation (9) For the purposes of this section, a group as defined in section 348.01 of the Canada Elections Act is considered to be a corporation. 1993, c. 38, s. 73; 1998, c. 8, s. 9; 2002, c. 17, s. 30; 2014, c. 12, s. 144, c. 39, s. 208. Continuing offence 74 Where an offence under section 73 is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Forfeiture Forfeiture of telecommunications apparatus 74.1 (1) In the case of a conviction for an offence arising out of a contravention of subsection 69.2(1) or (2), any telecommunications apparatus in relation to which or by means of which the offence was committed may be forfeited to Her Majesty in right of Canada by order of the Minister for the disposition, subject to subsections (2) to (6), that the Minister may direct. Notice of forfeiture (2) If apparatus is ordered to be forfeited under subsection (1), the Minister shall cause a notice of the forfeiture to be published in the Canada Gazette. Application by person claiming interest or right (3) Any person, other than a party to the proceedings that resulted in a forfeiture under subsection (1), who claims an interest or right in the apparatus as owner, mortgagee, hypothecary creditor, lien holder, holder of a prior claim or holder of any like interest or right may, within ninety days after the making of the order of forfeiture, apply to any superior court of competent jurisdiction for an order under subsection (6), in which case the court shall fix a day for the hearing of the application. Notice (4) The court may find the application abandoned if the applicant does not, at least thirty days before the day fixed for the hearing of the application, serve a notice of the application and of the hearing on the Minister and on all other persons claiming an interest or right in the apparatus that is the subject-matter of the application as owner, mortgagee, hypothecary creditor, lien holder, Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART V Investigation and Enforcement Forfeiture Section 74.1 holder of a prior claim or holder of any like interest or right of whom the applicant has knowledge. Notice of intervention (5) Every person, other than the Minister, who is served with a notice under subsection (4) must, in order to appear at the hearing of the application, file an appropriate notice of intervention in the record of the court and serve a copy of that notice on the Minister and on the applicant at least ten days before the day fixed for the hearing or any shorter period that the court may allow. Order declaring nature and extent of interests or rights (6) An applicant or intervener is entitled to an order declaring that their interest or right is not affected by the forfeiture and declaring the nature and extent of their interest or right and the ranking of their interest or right in relation to other interests or rights recognized under this subsection, and the court may, in addition, order that the apparatus to which the interests or rights relate be delivered to one or more of the persons found to have an interest or right in the apparatus, or that an amount equal to the value of each of the interests or rights so declared be paid to the persons found to have those interests or rights, if, on the hearing of an application under this section, the court is satisfied that the applicant or intervener (a) is innocent of any complicity and collusion in any conduct that caused the apparatus to be subject to forfeiture; and (b) in the case of owners, exercised all reasonable care in respect of the persons permitted to obtain possession and use of the apparatus to satisfy themselves that it was not likely to be used in the commission of an offence arising out of a contravention of section 69.2. Liability for costs (7) Any persons convicted in respect of the forfeited apparatus are jointly and severally, or solidarily, liable for all the costs of inspection, seizure, forfeiture or disposition incurred by Her Majesty that exceed any proceeds of the disposition of the apparatus that have been forfeited to Her Majesty under this section. 1998, c. 8, s. 10; 2001, c. 4, s. 123; 2004, c. 25, s. 179. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART VI Transitional Provisions Sections 75-76 PART VI Transitional Provisions Directive for transitional period 75 (1) The Governor in Council may, after consultation with the Commission, issue to the Commission directives respecting the regulation, during any period ending five years after this section comes into force, of a Canadian carrier whose telecommunications operations were not, immediately before this section comes into force, being regulated pursuant to any Act of Parliament, but not more than one such directive may be issued in respect of any one Canadian carrier. Implementation by Commission (2) The Commission shall carry out the directives, subject to and in accordance with the provisions of this Act. Tabling in Parliament (3) The Minister shall have a copy of each directive laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the directive is issued. Deemed approval 76 (1) An agreement or arrangement referred to in section 29 or a limitation of liability referred to in section 31 that was entered into or imposed, respectively, by a Canadian carrier in conformity with provincial law while the carrier’s operations were not being regulated under an Act of Parliament, and that is in effect on the coming into force of this section, shall be deemed to have been approved pursuant to section 29 or 31. Deemed permission (2) A transmission line that was constructed by a Canadian carrier on, over, under or along a highway or other public place while the carrier’s operations were not being regulated under an Act of Parliament shall be deemed to have been constructed with the consent referred to in subsection 43(3). 1993, c. 38, s. 76; 1999, c. 31, s. 208(F). Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications PART VII Related Amendments, Repeals, Application of Certain Provisions and Coming into Force Sections 77 to 129-134 PART VII Related Amendments, Repeals, Application of Certain Provisions and Coming into Force Related Amendments 77 to 129 [Amendments] Repeals 130 and 131 [Repeals] Application of Certain Provisions Agent of Her Majesty in right of Manitoba 132 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Manitoba until December 31, 1993, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Manitoba. Agent of Her Majesty in right of Saskatchewan 133 Where a day is fixed for the coming into force of section 3, 88, 89 or 90, that section does not apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan until a day to be fixed for that purpose by the Governor in Council on the expiration of five years after that section comes into force, or such earlier day as is fixed by the Governor in Council at the written request of the Government of Saskatchewan. * [Note: Sections 3, 88, 89 and 90 shall apply in relation to any Canadian carrier that is an agent of Her Majesty in right of the Province of Saskatchewan as of June 30, 2000, see SI/98-109.] * Coming into Force Coming into force 134 This Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * * [Note: Act in force October 25, 1993, see SI/93-101.] Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications RELATED PROVISIONS RELATED PROVISIONS — 1995, c. 1, s. 62 (4) Idem (4) Every reference to the Minister of Communications in any order, regulation or other instrument made under the Radiocommunication Act or the Telecommunications Act shall, unless the context otherwise requires, be read as a reference to the Minister of Industry. — 2005, c. 50, s. 2. 1 Review 2.1 Three years after this Act comes into force, a committee of the House of Commons, of the Senate or of both Houses of Parliament is to be designated or established for the purpose of reviewing the administration and operation of the provisions enacted by this Act. Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2010, c. 23, s. 89 (2) 89 (2) Subsection 41(2) of the Act, as enacted by subsection (1), is replaced by the following: Exception (2) Despite subsection (1), the Commission may not prohibit — or, except to the extent provided by subsection (3), regulate — the use by any person of the telecommunications facilities of a Canadian carrier for the provision of unsolicited telecommunications, if the telecommunication is a commercial electronic message to which An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act applies or a commercial electronic message referred to in subsection 6(5) of that Act. Regulation (3) For the purposes of subsection (2), the Commission may regulate, with respect to the types of telecommunications described in subsection (4), (a) the hours during which the telecommunications facilities of a Canadian carrier may be used by any person; (b) the contact information to be provided by a person referred to in subsection (2) and the circumstances in which and persons to whom it must be provided; (c) telecommunications made to medical or emergency services; and (d) telecommunications where a live operator is not immediately available when the recipient of the telecommunication connects to it. Types of telecommunications (4) For the purposes of subsection (3), the types of telecommunications are those that are (a) in whole or in part, interactive two-way voice communications between individuals; Current to June 20, 2022 Last amended on June 29, 2021 Telecommunications AMENDMENTS NOT IN FORCE (b) sent by means of a facsimile to a telephone account; or (c) voice recordings sent to a telephone account. — 2010, c. 23, s. 90 2005, c. 50, s. 1 90 Sections 41.1 to 41.7 of the Act are repealed. Current to June 20, 2022 Last amended on June 29, 2021

CONSOLIDATION Translation Bureau Act R.S.C., 1985, c. T-16 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the Translation Bureau Short Title 1 Short title Interpretation 2 Definition of "Minister" Establishment of Translation Bureau 3 Bureau established Duties and Functions of Bureau 4 Duties and functions of Bureau Personnel 6 Officers and employees Regulations 7 Regulations Current to June 20, 2022 ii R.S.C., 1985, c. T-16 An Act respecting the Translation Bureau Short Title Short title 1 This Act may be cited as the Translation Bureau Act. R.S., c. T-13, s. 1. Interpretation Definition of "Minister" 2 In this Act, Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. R.S., 1985, c. T-16, s. 2; 1996, c. 16, s. 57. Establishment of Translation Bureau Bureau established 3 There is hereby established a bureau under the authority of the Minister called the Translation Bureau. R.S., c. T-13, s. 3. Duties and Functions of Bureau Duties and functions of Bureau 4 (1) The Bureau shall collaborate with and act for all departments, boards, agencies and commissions established by Act of Parliament or appointed by order of the Governor in Council and collaborate with and act for both Houses of Parliament in all matters relating to the making and revising of translations from one language into another of documents, including correspondence, reports, proceedings, debates, bills and Acts, and to interpretation, sign-language interpretation and terminology. Current to June 20, 2022 Translation Bureau Duties and Functions of Bureau Sections 4-7 Departments to collaborate (2) All departments, boards, agencies and commissions referred to in subsection (1) shall collaborate with the Bureau in carrying into effect this Act and the regulations. R.S., 1985, c. T-16, s. 4; R.S., 1985, c. 1 (4th Supp.), s. 34. Personnel 5 [Repealed, 1996, c. 16, s. 58] Officers and employees 6 Such officers, translators, clerks or other employees as are necessary for the proper conduct of the business of the Bureau may be appointed under the Public Service Employment Act to hold office during pleasure. R.S., 1985, c. T-16, s. 6; 1996, c. 16, s. 59(E). Regulations Regulations 7 The Minister may, with the approval of the Governor in Council, make all regulations that the Minister deems necessary or expedient for carrying this Act into effect. R.S., c. T-13, s. 6. Current to June 20, 2022

CONSOLIDATION Tax Conventions Implementation Act, 2013 S.C. 2013, c. 27 Current to June 20, 2022 Last amended on January 1, 2014 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 January 1, 2014 TABLE OF PROVISIONS An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes Short Title 1 Short title PART 1 Canada–Namibia Tax Convention PART 2 Canada–Serbia Tax Convention PART 3 Canada–Poland Tax Convention PART 4 Canada–Hong Kong Tax Agreement PART 5 Canada–Luxembourg Tax Convention Income Tax Conventions Implementation Act, 1999 Canada–Luxembourg 2012 Protocol and Agreement 9 Instruments approved *10 Notification *11 Coming into force PART 6 Canada–Switzerland Tax Convention 12 Supplementary convention approved *13 Notification Current to June 20, 2022 Last amended on January 1, 2014 ii Tax Conventions Implementation, 2013 TABLE OF PROVISIONS Inconsistent laws Coordination SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 SCHEDULE 4 SCHEDULE 5 SCHEDULE 6 SUPPLEMENTARY CONVENTION Current to June 20, 2022 Last amended on January 1, 2014 iv S.C. 2013, c. 27 An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes [Assented to 19th June 2013] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tax Conventions Implementation Act, 2013. PART 1 Canada–Namibia Tax Convention 2 The Canada–Namibia Tax Convention Act, 2013, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 1 to this Act, is enacted: [See Canada–Namibia Tax Convention Act, 2013] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 PART 2 Canada–Serbia Tax Convention Sections 3-7 PART 2 Canada–Serbia Tax Convention 3 The Canada–Serbia Tax Convention Act, 2013, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 2 to this Act, is enacted: [See Canada–Serbia Tax Convention Act, 2013] PART 3 Canada–Poland Tax Convention 4 The Canada–Poland Tax Convention Act, 2013, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 3 to this Act, is enacted: [See Canada–Poland Tax Convention Act, 2013] PART 4 Canada–Hong Kong Tax Agreement 5 The Canada–Hong Kong Tax Agreement Act, 2013, whose text is as follows and whose Schedules 1 and 2 are set out in Schedule 4 to this Act, is enacted: [See Canada–Hong Kong Tax Agreement Act, 2013] PART 5 Canada–Luxembourg Tax Convention Income Tax Conventions Implementation Act, 1999 6 [Amendment] 7 [Amendment] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 PART 5 Canada–Luxembourg Tax Convention Income Tax Conventions Implementation Act, 1999 Sections 8-13 8 [Amendment] Canada–Luxembourg 2012 Protocol and Agreement Instruments approved 9 The Protocol and the Agreement set out in Schedule 5 are approved and have the force of law in Canada during the period that, by their terms, they are in force. Notification 10 The Minister of Finance must cause a notice of the day on which the Protocol and the Agreement set out in Schedule 5 enter into force to be published in the Canada Gazette within 60 days after their entry into force. * [Note: Protocol and Agreement in force December 10, 2013, see Canada Gazette Part I, Volume 148, page 160.] * Coming into force 11 Sections 6 to 8 come into force on January 1 of the calendar year following the calendar year in which the Protocol and the Agreement set out in Schedule 5 enter into force. * [Note: Sections 6 to 8 in force January 1, 2014, see Canada Gazette Part I, Volume 148, page 160.] * PART 6 Canada–Switzerland Tax Convention Supplementary convention approved 12 The Supplementary Convention set out in Schedule 6 is approved and has the force of law in Canada during the period that, by its terms, it is in force. Notification 13 The Minister of Finance must cause a notice of the day on which the Supplementary Convention set out in Schedule 6 enters into force to be published in the Canada Gazette within 60 days after its entry into force. * [Note: Convention in force October 31, 2013, see Canada Gazette Part I, Volume 147, page 2725.] * Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 PART 6 Canada–Switzerland Tax Convention Sections 14-15 Inconsistent laws 14 For greater certainty, subject to the provisions of the Income Tax Conventions Interpretation Act, the provisions of the Convention between the Government of Canada and the Swiss Federal Council for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, as altered by the Protocol done on October 22, 2010 and the Supplementary Convention set out in Schedule 6, prevail over the provisions of any other law to the extent of the inconsistency. Coordination 15 For greater certainty, subject to sections 12 and 13, section 19 of An Act to implement conventions between Canada and Morocco, Canada and Pakistan, Canada and Singapore, Canada and the Philippines, Canada and the Dominican Republic and Canada and Switzerland for the avoidance of double taxation with respect to income tax applies to the Convention between the Government of Canada and the Swiss Federal Council for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, as altered by the Protocol done on October 22, 2010 and the Supplementary Convention set out in Schedule 6. Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 1 SCHEDULE 1 (Section 2) [See Canada–Namibia Tax Convention Act, 2013] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 2 SCHEDULE 2 (Section 3) [See Canada–Serbia Tax Convention Act, 2013] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 3 SCHEDULE 3 (Section 4) [See Canada–Poland Tax Convention Act, 2013] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 4 SCHEDULE 4 (Section 5) [See Canada–Hong Kong Tax Agreement Act, 2013] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 5 SCHEDULE 5 (Sections 8 to 11) [Amendment] Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 6 SCHEDULE 6 (Sections 12 to 15) SUPPLEMENTARY CONVENTION Ottawa, June 28, 2012 Dear Minister, I have the honour of referring to the Protocol amending the Convention between the Swiss Federal Council and the Government of Canada for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, done at Berne on 22 October 2010 (hereinafter “Amending Protocol”), and of proposing, on behalf of the Swiss Federal Council, the following clarification regarding its interpretation: Subparagraph (b) of paragraph 2 of the Interpretative Protocol, added to the Convention between the Swiss Federal Council and the Government of Canada for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, (hereinafter Convention), by Article XII of the Amending Protocol, sets forth the information that the competent authority of the requesting State shall provide to the competent authority of the requested State when making a request for information under Article 25 of the Convention. Clause (i) of subparagraph (b) of paragraph 2 of the Interpretative Protocol requires that the requesting State provide the name and, to the extent known, other information, such as address, account number or date of birth, in order to identify the person(s) under examination or investigation. Clause (v) of subparagraph (b) of paragraph 2 of the Interpretative Protocol requires that the requesting State provide the name and, to the extent known, the address of any person believed to be in possession of the requested information. Subparagraph (c) of paragraph 2 of the Interpretative Protocol clarifies that, while these are important procedural requirements that are intended to ensure that fishing expeditions do not occur, these requirements nevertheless are to be interpreted in order not to frustrate effective exchange of information. Therefore, notwithstanding the provisions of clauses (i) and (v) of subparagraph (b) of paragraph 2 of the Interpretative Protocol to the Convention, a requested State shall comply with a request for administrative assistance if the requesting State, in addition to providing the information required by clauses (ii) to (iv) of subparagraph (b) of the above mentioned paragraph: (a) identifies the person under examination or investigation (such identification may be provided by other means than by indicating the name and address of the person concerned); and (b) indicates, to the extent known, the name and address of any person believed to be in possession of the requested information. If the above proposal is acceptable to the Government of Canada, I further propose that this Letter and your Letter in reply, the English and French versions of each Letter being equally authentic, shall constitute an Agreement between our Governments on the interpretation of Article 25 of the Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 6 Convention, which shall enter into force on the date of the second note by which the Government of Canada and the Swiss Federal Council notify each other that they have completed their internal measures necessary for entry into force, and shall have effect from the date of entry into force of the Amending Protocol. Please accept, Dear Minister, the assurances of my highest consideration. Ulrich Lehner Ambassador of Switzerland to Canada Ottawa, 23 July 2012 Excellency, I have the honour of confirming the receipt of your letter of June 28, 2012, in the English and French languages, reading as follows: “Dear Minister, I have the honour of referring to the Protocol amending the Convention between the Swiss Federal Council and the Government of Canada for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, done at Berne on 22 October 2010 (hereinafter “Amending Protocol”), and of proposing, on behalf of the Swiss Federal Council, the following clarification regarding its interpretation: Subparagraph (b) of paragraph 2 of the Interpretative Protocol, added to the Convention between the Swiss Federal Council and the Government of Canada for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, done at Berne on 5 May 1997, (hereinafter Convention), by Article XII of the Amending Protocol, sets forth the information that the competent authority of the requesting State shall provide to the competent authority of the requested State when making a request for information under Article 25 of the Convention. Clause (i) of subparagraph (b) of paragraph 2 of the Interpretative Protocol requires that the requesting State provide the name and, to the extent known, other information, such as address, account number or date of birth, in order to identify the person(s) under examination or investigation. Clause (v) of subparagraph (b) of paragraph 2 of the Interpretative Protocol requires that the requesting State provide the name and, to the extent known, the address of any person believed to be in possession of the requested information. Subparagraph (c) of paragraph 2 of the Interpretative Protocol clarifies that, while these are important procedural requirements that are intended to ensure that fishing expeditions do not occur, these requirements nevertheless are to be interpreted in order not to frustrate effective exchange of information. Therefore, notwithstanding the provisions of clauses (i) and (v) of subparagraph (b) of paragraph 2 of the Interpretative Protocol to the Convention, a requested State shall comply with a request for administrative assistance if the requesting State, in addition to providing the information required by clauses (ii) to (iv) of subparagraph (b) of the above mentioned paragraph: (a) identifies the person under examination or investigation (such identification may be provided by other means Current to June 20, 2022 Last amended on January 1, 2014 Tax Conventions, 2013 SCHEDULE 6 than by indicating the name and address of the person concerned); and (b) indicates, to the extent known, the name and address of any person believed to be in possession of the requested information. If the above proposal is acceptable to the Government of Canada, I further propose that this Letter and your Letter in reply, the English and French versions of each Letter being equally authentic, shall constitute an Agreement between our Governments on the interpretation of Article 25 of the Convention, which shall enter into force on the date of the second note by which the Government of Canada and the Swiss Federal Council notify each other that they have completed their internal measures necessary for entry into force, and shall have effect from the date of entry into force of the Amending Protocol. Please accept, Dear Minister, the assurances of my highest consideration.” I have the honour of confirming, on behalf of the Government of Canada, that the proposal in the above-mentioned letter is acceptable to the Government of Canada. Therefore, your Letter, together with this reply, the English and French versions of each Letter being equally authentic, shall constitute an Agreement between our Governments, and shall enter into force on the date of the second note by which the Government of Canada and the Swiss Federal Council notify each other that they have completed their internal measures necessary for entry into force, and shall have effect from the date of entry into force of the Amending Protocol. Accept, Excellency, the renewed assurances of my highest consideration. John Baird Minister of Foreign Affairs Current to June 20, 2022 Last amended on January 1, 2014

CONSOLIDATION Tsawwassen First Nation Final Agreement Act S.C. 2008, c. 32 Current to June 20, 2022 Last amended on April 3, 2009 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 3, 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 April 3, 2009 TABLE OF PROVISIONS An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Status of Agreement Agreement 4 Agreement given effect Inconsistency with Agreement Appropriation 6 Payments out of C.R.F. Lands 7 Fee simple estate Taxation 8 Tax Treatment Agreement given effect Not a treaty Fisheries 10 Powers of Minister of Fisheries and Oceans Not a treaty Application of Other Acts 12 Indian Act First Nations Land Management Act Statutory Instruments Act Application of Laws of British Columbia 15 Incorporation by reference Current to June 20, 2022 Last amended on April 3, 2009 ii Tsawwassen First Nation Final Agreement TABLE OF PROVISIONS General 16 Judicial notice of Agreements Judicial notice of Tsawwassen Laws Orders and regulations Chapters 21 and 24 of Agreement Notice of issues arising Transitional Provisions 21 Existing interests — Indian Act Existing interests — First Nations Land Management Act Her Majesty not liable Indemnification of Tsawwassen First Nation Documents in land registries Consequential Amendments Access to Information Act First Nations Land Management Act Fisheries Act Payments in Lieu of Taxes Act Privacy Act Coordinating Amendments Coming into Force *33 Order in council Current to June 20, 2022 Last amended on April 3, 2009 iv S.C. 2008, c. 32 An Act to give effect to the Tsawwassen First Nation Final Agreement and to make consequential amendments to other Acts [Assented to 26th June 2008] Preamble Whereas the Constitution Act, 1982 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada; Whereas the Tsawwassen First Nation is part of the Coast Salish, an aboriginal people of Canada; Whereas the reconciliation between the prior presence of aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians; Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation; Whereas the Tsawwassen First Nation, the government of Canada and the government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them; And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Short Title Sections 1-4 Short Title Short title 1 This Act may be cited as the Tsawwassen First Nation Final Agreement Act. Interpretation Definitions 2 (1) The following definitions apply in this Act. Agreement means the Tsawwassen First Nation Final Agreement, between the Tsawwassen First Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it. (accord) Tax Treatment Agreement means the Tsawwassen Tax Treatment Agreement referred to in clause 22 of Chapter 20 of the Agreement, including any amendments made to it. (accord sur le traitement fiscal) Definitions in the Agreement (2) In this Act, Former Tsawwassen Reserve, Tsawwassen Corporation, Tsawwassen First Nation, Tsawwassen Government, Tsawwassen Lands, Tsawwassen Law, Tsawwassen Member, Tsawwassen Public Institution and Tsawwassen Territory have the same meanings as in Chapter 1 of the Agreement. Status of Agreement 3 The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Agreement Agreement given effect 4 (1) The Agreement is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, any person or body has powers, rights, privileges and benefits conferred on person or body by the Agreement and shall perform duties, and is subject to the liabilities, imposed on person or body by the Agreement. Current to June 20, 2022 Last amended on April 3, 2009 the the the the Tsawwassen First Nation Final Agreement Agreement Sections 4-9 Third parties (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Inconsistency with Agreement 5 (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them. Conflict with Act (2) This Act prevails over any other federal law to the extent of any conflict between them. Appropriation Payments out of C.R.F. 6 There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 4 and 18 of the Agreement. Lands Fee simple estate 7 On the effective date of the Agreement, the Tsawwassen First Nation owns the estate in fee simple, as set out in Chapter 4 of the Agreement, in (a) Tsawwassen Lands referred to in clause 1 of Chapter 4 of the Agreement; and (b) Other Tsawwassen Lands referred to in subclause 18.a of that chapter. Taxation Tax Treatment Agreement given effect 8 The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect. Not a treaty 9 The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Fisheries Sections 10-14 Fisheries Powers of Minister of Fisheries and Oceans 10 Despite section 7 of the Fisheries Act, the Minister of Fisheries and Oceans may, on behalf of Her Majesty in right of Canada, enter into and implement the Tsawwassen First Nation Harvest Agreement referred to in clause 102 of Chapter 9 of the Agreement, including any amendments made to it. Not a treaty 11 That Harvest Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Application of Other Acts Indian Act 12 Subject to the provisions of Chapter 3 of the Agreement that deal with the continuing application of the Indian Act, and clauses 16 to 21 of Chapter 20 of the Agreement, the Indian Act does not apply to the Tsawwassen First Nation, Tsawwassen Members, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian. First Nations Land Management Act 13 (1) Subject to subsection (2), the First Nations Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Tsawwassen land code adopted under subsection 6(1) of that Act do not apply in respect of the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government or Tsawwassen Public Institutions as of the effective date of the Agreement. Exception (2) Any laws and bylaws of the Tsawwassen First Nation band that were in effect immediately before the effective date of the Agreement continue in effect on the Former Tsawwassen Reserve for 30 days beginning on that date. Statutory Instruments Act 14 Tsawwassen Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act. Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Application of Laws of British Columbia Sections 15-18 Application of Laws of British Columbia Incorporation by reference 15 To the extent that a law of British Columbia does not apply of its own force to the Tsawwassen First Nation, Tsawwassen Members, Tsawwassen Lands, the Tsawwassen Government, Tsawwassen Public Institutions or Tsawwassen Corporations because of the exclusive legislative jurisdiction of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament. General Judicial notice of Agreements 16 (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown. Judicial notice of Tsawwassen Laws 17 (1) Judicial notice shall be taken of Tsawwassen Laws. Evidence of Tsawwassen laws (2) A copy of a Tsawwassen Law purporting to be deposited in a public registry of laws referred to in subclause 16.a of Chapter 16 of the Agreement is evidence of that law and of its contents, unless the contrary is shown. Orders and regulations 18 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement. Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement General Sections 19-21 Chapters 21 and 24 of Agreement 19 Despite subsection 4(1), Chapters 21 and 24 of the Agreement are deemed to have effect as of December 8, 2006. Notice of issues arising 20 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Tsawwassen First Nation Final Agreement Act or any Tsawwassen Law, then the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation. Content of notice (2) The notice shall (a) describe the judicial or administrative proceeding; (b) specify what the issue arises in respect of; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of British Columbia and the Tsawwassen First Nation may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. Transitional Provisions Existing interests — Indian Act 21 (1) Despite section 12, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the Indian Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Transitional Provisions Sections 21-24 conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement. Transfer of rights and obligations (2) On the effective date of the Agreement, the rights and obligations of Her Majesty in right of Canada as grantor in respect of such an interest are transferred to the Tsawwassen First Nation, which assumes those rights and obligations in accordance with the interest’s terms and conditions. Existing interests — First Nations Land Management Act 22 Despite section 13, if an interest in land in the Former Tsawwassen Reserve was granted or approved under the First Nations Land Management Act and exists on the effective date of the Agreement, the interest continues in effect in accordance with its terms and conditions unless a replacement interest is issued in accordance with Chapter 4 of the Agreement. Her Majesty not liable 23 (1) For greater certainty, Her Majesty in right of Canada is not liable in respect of anything done or omitted to be done after the effective date of the Agreement by the Tsawwassen First Nation or any person or body authorized by it to act (a) in the exercise of the Tsawwassen First Nation’s rights and obligations referred to in subsection 21(2) in respect of an interest in land referred to in subsection 21(1); or (b) in the exercise of powers, duties and functions in respect of such an interest that arise from Tsawwassen Laws. Indemnification of Her Majesty (2) The Tsawwassen First Nation shall indemnify Her Majesty in right of Canada for any loss suffered by Her Majesty in right of Canada as a result of an act or omission referred to in subsection (1). Indemnification of Tsawwassen First Nation 24 For as long as the First Nations Land Management Act is in force, Her Majesty in right of Canada shall, as of the effective date of the Agreement, indemnify the Tsawwassen First Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Transitional Provisions Sections 24-32 Nation in respect of lands in the Former Tsawwassen Reserve in the same manner and under the same conditions as would be the case if that Act continued to apply to those lands. Documents in land registries 25 As of the effective date of the Agreement, registrations or records affecting Tsawwassen Lands that are registered or recorded in a land registry under the Indian Act or the First Nations Land Management Act have no effect. Consequential Amendments Access to Information Act 26 [Amendment] First Nations Land Management Act 27 [Amendment] Fisheries Act 28 [Amendment] Payments in Lieu of Taxes Act 29 [Amendment] Privacy Act 30 [Amendment] Coordinating Amendments 31 [Amendment] 32 [Amendments] Current to June 20, 2022 Last amended on April 3, 2009 Tsawwassen First Nation Final Agreement Coming into Force Section 33 Coming into Force Order in council * 33 This Act, other than sections 19, 31 and 32, comes into force on a day to be fixed by order of the Governor in Council. [Note: Sections 19, 31 and 32 in force on assent June 26, 2008; Act, other than sections 19, 31 and 32, in force April 3, 2009, see SI/2008-147.] * Current to June 20, 2022 Last amended on April 3, 2009

CONSOLIDATION Teleglobe Canada Reorganization and Divestiture Act S.C. 1987, c. 12 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the reorganization and divestiture of Teleglobe Canada Short Title 1 Short title Interpretation and Application 2 Definitions Binding on the Crown Reorganization 4 Articles of incorporation Corporate Affairs and Status 9 Declaration of works for general advantage Head office Regulation Divestiture and Dissolution *19 Sale or other disposal of securities Change of name Dissolution Ministerial powers Adjustment to accounts of Canada SCHEDULE Transitional and Consequential 25 Pension rights *26 Application of Public Service Superannuation Act Transfer of undertaking Shares qualified Filing of first tariff Direction respecting tolls in transitional period Contracts, etc., deemed approved Current to June 20, 2022 ii Teleglobe Canada Reorganization and Divestiture TABLE OF PROVISIONS Substitution Deemed approval Coming into Force *35 Coming into force SCHEDULES I AND II Current to June 20, 2022 iv S.C. 1987, c. 12 An Act respecting the reorganization and divestiture of Teleglobe Canada [Assented to 1st April 1987] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Teleglobe Canada Reorganization and Divestiture Act. Interpretation and Application Definitions 2 (1) In this Act, Commission means the Canadian Radio-television and Telecommunications Commission; (Conseil) control means control in any manner that results in control in fact, whether directly through the ownership of shares or indirectly through a trust, an agreement, the ownership of any body corporate or otherwise; (contrôle) designated telecommunications common carrier [Repealed, 1998, c. 8, s. 11] Minister means the Minister of State (Privatization) or such other member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; (ministre) Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Interpretation and Application Sections 2-3 new corporation means the corporation incorporated pursuant to section 4; (nouvelle société) person includes any individual, partnership, body corporate, unincorporated organization, government or agency thereof, trustee, executor, administrator or other legal representative; (personne) telecommunication [Repealed, 1993, c. 38, s. 116] Teleglobe means the corporation established by the Teleglobe Canada Act; (Téléglobe) voting share, in respect of a body corporate, means a share of the body corporate carrying voting rights under all circumstances or under some circumstances that have occurred and are continuing, and includes (a) a security currently convertible into such a share, and (b) currently exercisable options and rights to acquire such a share or such a convertible security. (action avec droit de vote) Same meaning (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act. Operation of Canada Business Corporations Act (3) In the event of any inconsistency between this Act and the Canada Business Corporations Act, or anything issued, made or established under that Act, this Act prevails. Operation of Competition Act (4) Nothing in or done under the authority of this Act affects the operation of the Competition Act in respect of the acquisition of any interest in the new corporation. 1987, c. 12, s. 2; 1993, c. 38, s. 116; 1994, c. 24, s. 34(F); 1998, c. 8, s. 11. Binding on the Crown 3 This Act is binding on Her Majesty in right of Canada or a province. Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Reorganization Section 4 Reorganization Articles of incorporation 4 (1) The Minister may submit to the Governor in Council for approval articles of incorporation under the Canada Business Corporations Act prepared in accordance with section 5. Submission to Director (2) Within ten days after the Governor in Council approves articles of incorporation submitted pursuant to subsection (1), Teleglobe shall send to the Director the approved articles and such other documents as are required under the Canada Business Corporations Act to effect the incorporation. Issue of shares (3) Subject to such terms and conditions as are approved by the Governor in Council, Teleglobe shall subscribe for and be issued authorized shares of the new corporation and, in consideration for securities of the new corporation and the assumption by the new corporation of obligations and liabilities of Teleglobe, Teleglobe shall transfer its business, works and undertaking to the new corporation. Vesting of assets and liabilities in Teleglobe (4) For the purpose of effecting the transfer and assumption referred to in subsection (3), (a) all property, rights and interests of Her Majesty in right of Canada held by Teleglobe on the coming into force of this subsection, and (b) all obligations and liabilities of Her Majesty in right of Canada incurred by Teleglobe and existing on the coming into force of this subsection are hereby vested in Teleglobe. Cost of property (5) For the purposes of the Income Tax Act, the Income Tax Application Rules, 1971 and the Income Tax Regulations, (a) the property vested in Teleglobe by subsection (4) is deemed to have been owned by Teleglobe throughout the period during which the property was property of Her Majesty held by Teleglobe; (b) the cost amount to Teleglobe of that property, other than any such property that is depreciable property, immediately after the vesting thereof in Teleglobe is Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Reorganization Sections 4-17 deemed to be the cost amount thereof to Her Majesty immediately prior to the vesting; and (c) the adjusted cost base and cost amount to Teleglobe of any such property that is depreciable property, immediately after the vesting thereof in Teleglobe, are deemed to be the amounts that may reasonably be regarded as the adjusted cost base and cost amount to Her Majesty in respect of the property immediately prior to the vesting. Provisions not applicable (6) Section 45 and subsection 108(1) of the Financial Administration Act do not apply in respect of any property, rights, interests, obligations or liabilities vested in Teleglobe by subsection (4) and section 134 of that Act does not apply in respect of any securities issued by the new corporation to Teleglobe. Exemption (7) The Governor in Council may, by order, exempt any property, rights, interests, obligations or liabilities of Her Majesty from the application of subsection (4). 1987, c. 12, s. 4; 1994, c. 24, s. 34(F). 5 [Repealed, 1998, c. 8, s. 12] 6 [Repealed, 1998, c. 8, s. 13] Corporate Affairs and Status 7 [Repealed, 1998, c. 8, s. 14] 8 [Repealed, 1998, c. 8, s. 15] Declaration of works for general advantage 9 The works of the new corporation are hereby declared to be works for the general advantage of Canada. 10 [Repealed, 1998, c. 8, s. 16] Head office 11 The head office of the new corporation shall be in the Montreal Urban Community. 12 [Repealed, 1998, c. 8, s. 17] Regulation 13 [Repealed, 1998, c. 8, s. 18] 14 to 16 [Repealed, 1993, c. 38, s. 117] 17 [Repealed, 1998, c. 8, s. 19] Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Regulation Sections 18-23 18 [Repealed, 1998, c. 8, s. 20] Divestiture and Dissolution Sale or other disposal of securities 19 (1) The Minister may direct Teleglobe to sell or otherwise dispose of any or all securities of the new corporation held by Teleglobe on such terms and conditions as are approved by the Governor in Council. * Compliance with direction (2) On receiving a direction under subsection (1), Teleglobe is hereby authorized to sell or dispose of the securities of the new corporation held by Teleglobe in accordance with the direction and shall comply with the direction. Acquisition of new corporation shares (3) The Minister is hereby authorized to acquire shares of the new corporation from Teleglobe on such terms and conditions as are approved by the Governor in Council. Shares held in trust for Her Majesty (4) Shares acquired pursuant to subsection (3) shall be held by the Minister in trust for Her Majesty in right of Canada. [Note: Pursuant to paragraph 20(2)(a), the references to “Teleglobe” in this section shall be construed as including references to “TH(1987)”.] * Change of name 20 (1) The name of Teleglobe is hereby changed to TH(1987). Consequential changes (2) On the coming into force of this section, (a) the references to “Teleglobe” in sections 19 and 26 shall be construed as including references to “TH(1987)”. (b) to (d) [Amendments to other Acts] Dissolution 21 TH(1987) is hereby dissolved. Ministerial powers 22 The Minister may do and perform all acts and things necessary for or incidental to the dissolution of TH(1987). Adjustment to accounts of Canada 23 The Minister, after consultation with the President of the Treasury Board, shall cause such adjustments to be Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Divestiture and Dissolution Sections 23-25 made in the accounts of Canada as are required as a result of any transaction authorized or required by this Act. Schedule 24 [Repealed, 1998, c. 8, s. 21] Transitional and Consequential Pension rights 25 (1) In the manner and to the extent provided by the regulations made under subsection (3), the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply to a person who meets all of the following criteria: (a) immediately prior to the coming into force of this section, the person was employed by Teleglobe or the new corporation and was a contributor under the Public Service Superannuation Act; (b) the President of the Treasury Board has not made a payment to the new corporation pursuant to section 30 of the Public Service Superannuation Act in respect of that person; (c) the person has not received or opted to receive any annuity or other benefit under section 11 or 12 of the Public Service Superannuation Act in respect of the pensionable service to that person’s credit under that Act immediately prior to the coming into force of this section; and (d) the person elects, within one year after the coming into force of this section and in such form and manner as the President of the Treasury Board directs, to have the Public Service Superannuation Act, the Supplementary Retirement Benefits Act and the regulations made under those Acts apply to that person in the manner and to the extent provided by the regulations made under subsection (3). Election irrevocable (2) An election referred to in paragraph (1)(d) is irrevocable. Regulations (3) The Governor in Council may, in relation to persons referred to in paragraph (1)(d), make regulations Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Transitional and Consequential Sections 25-28 (a) respecting the manner in which and extent to which provisions, as amended, of the Acts and regulations mentioned in subsection (1) apply; (b) adapting provisions of those Acts and regulations for the purposes of this section; and (c) generally for carrying out the purposes and provisions of this section. Retroactive application of regulations (4) Regulations made under subsection (3) may, if they so provide, be retroactive and have effect with respect to any period before they are made. Application of Public Service Superannuation Act 26 Notwithstanding subsections 32(3) and (4) of the Public Service Superannuation Act, the Governor in Council may, by order, * (a) add the name of the new corporation to Part I of Schedule A to that Act; (b) delete the name of the new corporation from Part I of Schedule A to that Act; (c) add the name of the new corporation to Part III of Schedule A to that Act; and (d) add the name of Teleglobe to Part III of Schedule A to that Act. [Note: Pursuant to paragraph 20(2)(a), the reference to “Teleglobe” in this section shall be construed as including a reference to “TH(1987)”.] * Transfer of undertaking 27 For greater certainty, the transfer of the business, works and undertaking of Teleglobe to the new corporation under section 4 is deemed to be, (a) for the purposes of Part III of the Canada Labour Code, a transfer of a particular federal work or undertaking or business within the meaning of section 45 of that Act; and (b) for the purposes of section 144 of that Act, a sale of a business within the meaning of that section. Shares qualified 28 (1) For the purpose of qualifying the shares of the new corporation (a) as an authorized investment under paragraph 63(1)(m) of the Canadian and British Insurance Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Transitional and Consequential Section 28 Companies Act, paragraph 60(1)(e) of the Loan Companies Act or paragraph 68(1)(j) of the Trust Companies Act, (b) as a permitted investment under paragraph 1(s) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) as assets that may be vested in trust in Canada under paragraph 1(m) of Schedule II to the Canadian and British Insurance Companies Act or paragraph 1(m) of Schedule I to the Foreign Insurance Companies Act, the new corporation is deemed to have satisfied the requirements of those paragraphs with respect to each of the five years immediately preceding the privatization date. Debt obligations qualified (2) For the purpose of qualifying the bonds, debentures or other evidences of indebtedness of the new corporation (a) as an authorized investment under subparagraph 63(1)(j)(i) of the Canadian and British Insurance Companies Act, subparagraph 60(1)(c)(i) of the Loan Companies Act or subparagraph 68(1)(g)(i) of the Trust Companies Act, (b) as a permitted investment under paragraph 1(m) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) as assets that may be vested in trust in Canada under subparagraph 1(j)(i) of Schedule II to the Canadian and British Insurance Companies Act or subparagraph 1(j)(i) of Schedule I to the Foreign Insurance Companies Act, the new corporation is deemed (d) to have satisfied the requirements of the paragraphs referred to in subsection (1) with respect to each of the five years immediately preceding the privatization date, and (e) to have had amounts of paid-in capital, contributed surplus, retained earnings and total indebtedness at any relevant time prior to the privatization date identical to the corresponding amounts of Teleglobe at that time. Idem (3) For the purpose of qualifying Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Transitional and Consequential Sections 28-29 (a) the bonds, debentures or other evidences of indebtedness of or guaranteed by the new corporation as an authorized investment under subparagraph 63(1)(j)(ii) of the Canadian and British Insurance Companies Act, subparagraph 60(1)(c)(ii) of the Loan Companies Act or subparagraph 68(1)(g)(ii) of the Trust Companies Act, (b) the bonds, debentures or other evidences of indebtedness of or guaranteed by the new corporation as a permitted investment under subparagraph 1(n)(i) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) the bonds, debentures or other evidences of indebtedness of the new corporation as assets that may be vested in trust in Canada under subparagraph 1(j)(ii) of Schedule II to the Canadian and British Insurance Companies Act or subparagraph 1(j)(ii) of Schedule I to the Foreign Insurance Companies Act, the new corporation is deemed to have had earnings and annual interest requirements for any relevant period prior to the privatization date identical to the corresponding amounts of Teleglobe for that period. Definition of privatization date (4) In this section, privatization date means the date of the first sale or other disposal of shares of the new corporation by Teleglobe. Filing of first tariff 29 (1) The new corporation may continue to charge any telegraph toll or telephone toll previously charged by Teleglobe that is in force at the time the new corporation commences business notwithstanding that a tariff of the tolls is not then filed with the Commission, but the new corporation shall file a tariff of those tolls with the Commission forthwith after it commences business. Tolls for 1987 (2) Subject to subsection (1), the new corporation shall file with the Commission in accordance with section 320 of the Railway Act tariffs of the telegraph tolls and telephone tolls of the new corporation in force from time to time in 1987, but such tolls are deemed to comply with, and to have been approved by the Commission for the purposes of, that section and section 321 of that Act and the Commission may not, for any period in that year, revise, replace, disallow, suspend or postpone them or require the new corporation to do so. Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Transitional and Consequential Sections 30-34 Direction respecting tolls in transitional period 30 (1) The Governor in Council shall, forthwith after the coming into force of this section, issue to the Commission a direction respecting the approval of the telegraph tolls and telephone tolls of the new corporation in force from time to time in the transitional period and the Commission shall give effect to the direction under and in accordance with the Act of Parliament that establishes the powers, duties and functions of the Commission in relation to the subject-matter of the direction. Tabling in Parliament (2) The Minister of Communications shall cause a copy of the direction issued under subsection (1) to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the direction is issued. Definition of transitional period (3) In this section, transitional period means the period from January 1, 1988 to December 31, 1991. Contracts, etc., deemed approved 31 All contracts, agreements and arrangements entered into by Teleglobe and in force at the time the new corporation commences business that, but for this section, would be subject to the approval of the Commission before they have any force or effect shall be deemed to have been approved by the Commission and the Commission may not, for any period in 1987, revise, replace, disallow, suspend or postpone them or require the new corporation to do so. Substitution 32 Wherever in any contract, agreement, deed, lease or other instrument Teleglobe is mentioned or referred to, there shall, in every case, unless the context otherwise requires, be substituted therefor a mention or reference to the new corporation. Deemed approval 33 An agreement or arrangement referred to in section 29 of the Telecommunications Act or a limitation of liability referred to in section 31 of that Act that was entered into or imposed, respectively, by the new corporation, or to which the new corporation is an assignee or a successor on the coming into force of this section, and that is in effect on the coming into force of this section, is deemed to have been approved under section 29 or 31 of that Act. 1987, c. 12, s. 33; 1998, c. 8, s. 22. 34 [Repeal of another Act] Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act Coming into Force Section 35 Coming into Force Coming into force * 35 Subsection 4(4) and sections 20, 21, 25, 30 and 32 to 34 shall come into force on a day or days to fixed by proclamation. [Note: Subsection 4(4) and sections 30 and 32 in force April 2, 1987, see SI/87-89; section 25 in force April 4, 1987, see SI/87-90; section 34 in force July 29, 1993, see SI/93-100; section 20 in force July 28, 1993, see SI/93-147; sections 21 and 33 in force July 29, 1993, see SI/93-148.] * Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act SCHEDULES I AND II SCHEDULES I AND II [Repealed, 1998, c. 8, s. 23] Current to June 20, 2022 Teleglobe Canada Reorganization and Divestiture Act RELATED PROVISIONS RELATED PROVISIONS — 1995, c. 1, s. 62 (3) Other references 62 (3) Every reference to the Minister of Consumer and Corporate Affairs or the Minister of Industry, Science and Technology in any other Act of Parliament, other than the Hazardous Materials Information Review Act, the Hazardous Products Act and the Department of Consumer and Corporate Affairs Act, or in any order, regulation or other instrument made under an Act of Parliament, other than those three Acts, shall, unless the context otherwise requires, be read as a reference to the Minister of Industry. — 1995, c. 5, s. 25 (2) Idem 25 (2) Every reference to the Secretary of State for External Affairs in any other Act of Parliament or in any order, regulation or other instrument made under any Act of Parliament shall be read as a reference to the Minister of Foreign Affairs, unless the context otherwise requires. Current to June 20, 2022

CONSOLIDATION Transportation Appeal Tribunal of Canada Act S.C. 2001, c. 29 Current to June 20, 2022 Last amended on April 1, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 April 1, 2020 TABLE OF PROVISIONS An Act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other Acts Short Title 1 Short title Transportation Appeal Tribunal of Canada 2 Establishment Members Chairperson and Vice-Chairperson Duties of Chairperson Term of office Remuneration Inconsistent interests — full-time members Principal office Sittings Hearings on review Hearings on appeal Nature of appeal Nature of hearings Powers of Tribunal Reasons Rules of Tribunal Costs Proceedings to be recorded Decision on appeal final Annual report Transitional Provisions *23 Definitions Powers, duties and functions *25 Appropriations *26 Members of Tribunal *27 Employment continued Current to June 20, 2022 Last amended on April 1, 2020 ii Transportation Appeal Tribunal of Canada TABLE OF PROVISIONS References Rights and obligations Commencement of legal proceedings *31 Continuation of legal proceedings *32 Continuation of proceedings Consequential Amendments Coordinating Amendments Coming into Force *73 Coming into force Current to June 20, 2022 Last amended on April 1, 2020 iv S.C. 2001, c. 29 An Act to establish the Transportation Appeal Tribunal of Canada and to make consequential amendments to other Acts [Assented to 18th December 2001] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Transportation Appeal Tribunal of Canada Act. Transportation Appeal Tribunal of Canada Establishment 2 (1) There is hereby established a tribunal to be known as the Transportation Appeal Tribunal of Canada (“the Tribunal”). Jurisdiction generally (2) The Tribunal has jurisdiction in respect of reviews and appeals as expressly provided for under the Aeronautics Act, the Pilotage Act, the Railway Safety Act, the Marine Transportation Security Act, the Canada Shipping Act, 2001, the Wrecked, Abandoned or Hazardous Vessels Act and any other federal Act regarding transportation. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 2-5 Jurisdiction in respect of other Acts (3) The Tribunal also has jurisdiction in respect of reviews and appeals in connection with administrative monetary penalties provided for under sections 177 to 181 of the Canada Transportation Act, sections 43 to 55 of the International Bridges and Tunnels Act, sections 129.01 to 129.19 of the Canada Marine Act, sections 16.1 to 16.25 of the Motor Vehicle Safety Act, sections 39.1 to 39.26 of the Canadian Navigable Waters Act and sections 130.01 to 130.19 of the Marine Liability Act. 2001, c. 29, ss. 2, 71; 2007, c. 1, s. 59; 2008, c. 21, s. 65; 2012, c. 31, s. 345; 2018, c. 2, s. 18; 2019, c. 1, s. 152; 2019, c. 28, s. 186; 2019, c. 29, s. 267; 2019, c. 29, s. 268; 2019, c. 29, s. 290. Members 3 (1) The Governor in Council shall appoint as members of the Tribunal persons who, in the opinion of the Governor in Council, collectively have expertise in the transportation sectors in respect of which the federal government has jurisdiction. Full- or part-time members (2) Members may be appointed as full-time or part-time members. Chairperson and Vice-Chairperson 4 The Governor in Council shall designate one member as Chairperson of the Tribunal and one member as ViceChairperson. The Chairperson and Vice-Chairperson must be full-time members. Duties of Chairperson 5 (1) The Chairperson has supervision over, and direction of, the work of the Tribunal, including (a) the apportionment of work among members and the assignment of members to hear matters brought before the Tribunal and, when the Tribunal sits in panels, the assignment of members to panels and to preside over panels; and (b) generally, the conduct of the work of the Tribunal and the management of its internal affairs. Absence of Chairperson (2) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the ViceChairperson shall act as Chairperson during the continuance of that absence or incapacity or until a new Chairperson is designated. 2001, c. 29, s. 5; 2014, c. 20, s. 464. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 6-8 Term of office 6 (1) A member shall be appointed to hold office during good behaviour for a term not exceeding seven years and may be removed for cause by the Governor in Council. Reappointment (2) A member is eligible to be reappointed. Disposition after member ceases to hold office (3) At the request of the Chairperson, a former member, within eight weeks after ceasing to be a member, may make or take part in a determination or decision on a matter that they heard as a member. For that purpose, the former member is deemed to be a member. Remuneration 7 (1) Members shall receive the remuneration that is fixed by the Governor in Council. Expenses (2) Each member is entitled to be paid reasonable travel and living expenses incurred while absent in the course of their duties from, in the case of a full-time member, their ordinary place of work and, in the case of a parttime member, their ordinary place of residence. Status (3) Members are deemed to be employed in the federal public administration for the purposes of the Government Employees Compensation Act and any regulations made under section 9 of the Aeronautics Act. 2001, c. 29, s. 7; 2003, c. 22, s. 224(E). Inconsistent interests — full-time members 8 (1) Full-time members shall not accept or hold any office, membership, employment or interest, or engage in any business activity, that is inconsistent with the proper performance of their duties and functions. Divesting of interests (2) If an interest that is prohibited under subsection (1) vests, by whatever means, in a full-time member, the member shall disclose the interest to the Chairperson without delay and, within three months after the interest vests, either divest himself or herself of the interest or resign as a member. Duties of full-time members (3) Full-time members shall devote the whole of their time to the performance of their duties and functions under this Act. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 8-13 Inconsistent interests — part-time members (4) If a part-time member who is assigned to hear or is hearing any matter before the Tribunal, either alone or as a member of a panel, holds any pecuniary or other interest that could be inconsistent with the proper performance of their duties and functions in relation to the matter, the member shall disclose the interest to the Chairperson without delay and is ineligible to hear, or to continue to hear, the matter. Principal office 9 The principal office of the Tribunal shall be in the National Capital Region described in the schedule to the National Capital Act. 10 [Repealed, 2014, c. 20, s. 465] Sittings 11 The Tribunal shall sit at those times and places in Canada that the Chairperson considers necessary for the proper performance of its functions. Hearings on review 12 A review shall be heard by a member, sitting alone, who has expertise in the transportation sector to which the review relates. However, a review that concerns a matter of a medical nature shall be heard by a member with medical expertise, whether or not that member has expertise in the transportation sector to which the review relates. Hearings on appeal 13 (1) Subject to subsection (2), an appeal to the Tribunal shall be heard by an appeal panel consisting of three members. Size of panel (2) The Chairperson may, if he or she considers it appropriate, direct that an appeal be heard by an appeal panel consisting of more than three members or, with the consent of the parties to the appeal, of one member. Composition of panel (3) A member who conducts a review may not sit on an appeal panel that is established to hear an appeal from his or her determination. Qualifications of members (4) With the exception of the Chairperson and ViceChairperson, who may sit on any appeal panel, an appeal shall be heard by an appeal panel consisting of members who have expertise in the transportation sector to which the appeal relates. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 13-15 Medical matters (5) Despite subsection (4), in an appeal that concerns a matter of a medical nature, at least one member of the appeal panel shall have medical expertise, whether or not that member has expertise in the transportation sector to which the appeal relates. Decision of panel (6) A decision of a majority of the members of an appeal panel is a decision of the panel. Nature of appeal 14 An appeal shall be on the merits based on the record of the proceedings before the member from whose determination the appeal is taken, but the appeal panel shall allow oral argument and, if it considers it necessary for the purposes of the appeal, shall hear evidence not previously available. Nature of hearings 15 (1) Subject to subsection (2), the Tribunal is not bound by any legal or technical rules of evidence in conducting any matter that comes before it, and all such matters shall be dealt with by it as informally and expeditiously as the circumstances and considerations of fairness and natural justice permit. Restriction (2) The Tribunal shall not receive or accept as evidence anything that would be inadmissible in a court by reason of any privilege under the law of evidence. Appearance (3) A party to a proceeding before the Tribunal may appear in person or be represented by another person, including legal counsel. Private hearings (4) Hearings shall be held in public. However, the Tribunal may hold all or any part of a hearing in private if it is of the opinion that (a) a public hearing would not be in the public interest; (b) medical information about a person may be disclosed and the desirability of ensuring that, in the interests of that person, the information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public; or (c) confidential business information may be disclosed and the desirability of ensuring that the Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 15-19 information is not publicly disclosed outweighs the desirability of adhering to the principle that hearings be open to the public. Standard of proof (5) In any proceeding before the Tribunal, a party that has the burden of proof discharges it by proof on the balance of probabilities. Powers of Tribunal 16 The Tribunal, and each of its members, has all the powers of a commissioner under Part I of the Inquiries Act. Reasons 17 A member who conducts a review shall provide a determination, and an appeal panel shall provide a decision, with reasons, in writing to all parties to a proceeding. Rules of Tribunal 18 The Tribunal may, with the approval of the Governor in Council, make rules that are not inconsistent with this Act or any Act referred to in section 2 to govern the management of its affairs and the practice and procedure in connection with matters brought before it. Costs 19 (1) The Tribunal may award any costs, and may require the reimbursement of any expenses incurred in connection with a hearing, that it considers reasonable if (a) it is seized of the matter for reasons that are frivolous or vexatious; (b) a party that files a request for a review or an appeal and does not appear at the hearing does not establish that there was sufficient reason to justify their absence; or (c) a party that is granted an adjournment of the hearing requested the adjournment without adequate notice to the Tribunal. Recovery (2) Costs awarded to the Minister of Transport, and expenses of that Minister or the Tribunal that are subject to reimbursement, under subsection (1) are a debt due to Her Majesty in right of Canada. Certificate (3) Costs or expenses under subsection (1) that have not been paid may be certified by the Tribunal. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transportation Appeal Tribunal of Canada Sections 19-24 Registration of certificate (4) On production to the Federal Court, a certificate shall be registered. When it is registered, a certificate has the same force and effect as if it were a judgment obtained in the Federal Court for a debt of the amount specified in it and all reasonable costs and charges attendant on its registration, recoverable in that Court or in any other court of competent jurisdiction. Proceedings to be recorded 20 Proceedings before the Tribunal shall be recorded, and the record shall show all evidence taken and all determinations, decisions and findings made in respect of the proceedings. Decision on appeal final 21 A decision of an appeal panel of the Tribunal is final and binding on the parties to the appeal. Annual report 22 The Tribunal shall, not later than June 30 in each fiscal year, submit to Parliament, through the member of the Queen’s Privy Council for Canada who is designated by the Governor in Council as the Minister for the purposes of this section, a report of its activities during the preceding fiscal year, and that Minister shall cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the Minister receives it. Transitional Provisions Definitions * 23 The definitions in this section apply in sections 24 to 32. former Tribunal means the Civil Aviation Tribunal established by subsection 29(1) of the Aeronautics Act as that Act read immediately before the coming into force of section 44. (ancien Tribunal) new Tribunal means the Transportation Appeal Tribunal of Canada established by subsection 2(1). (nouveau Tribunal) * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Powers, duties and functions 24 Wherever, in any Act of Parliament, in any instrument made under an Act of Parliament or in any contract, lease, licence or other document, a power, duty or function is vested in or is exercisable by the former Tribunal, the power, duty or function is vested in or is exercisable by the new Tribunal. Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transitional Provisions Sections 25-30 Appropriations 25 Any amount that is appropriated, for the fiscal year in which this section comes into force, by an appropriation Act based on the Estimates for that year for defraying the charges and expenses of the former Tribunal and that, on the day on which section 44 comes into force, is unexpended is deemed, on that day, to be an amount appropriated for defraying the charges and expenses of the new Tribunal. * [Note: Sections 25 and 44 in force June 30, 2003, see SI/ 2003-128.] * Members of Tribunal 26 The Chairman, Vice-Chairman and other members of the former Tribunal immediately before the coming into force of section 44 shall, on the coming into force of that section, occupy the positions of Chairperson, ViceChairperson and members, respectively, with the new Tribunal until the expiry of the period of their appointment to the former Tribunal. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Employment continued 27 (1) Nothing in this Act shall be construed as affecting the status of an employee who, immediately before the coming into force of section 44, occupied a position with the former Tribunal, except that each of those persons shall, on the coming into force of that section, occupy their position with the new Tribunal. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Definition of employee (2) For the purposes of this section, employee has the same meaning as in subsection 2(1) of the Public Service Employment Act. References 28 Every reference to the former Tribunal in any deed, contract, agreement or other document executed by the former Tribunal in its own name shall, unless the context otherwise requires, be read as a reference to the new Tribunal. Rights and obligations 29 All rights and property of the former Tribunal and of Her Majesty in right of Canada that are under the administration and control of the former Tribunal and all obligations of the former Tribunal are transferred to the new Tribunal. Commencement of legal proceedings 30 Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the former Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Transitional Provisions Sections 30-71 and 72 Tribunal may be brought against the new Tribunal in any court that would have had jurisdiction if the action, suit or other legal proceeding had been brought against the former Tribunal. Continuation of legal proceedings 31 Any action, suit or other legal proceeding to which the former Tribunal is a party that is pending in any court immediately before the day on which section 44 comes into force may be continued by or against the new Tribunal in the same manner and to the same extent as it could have been continued by or against the former Tribunal. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Continuation of proceedings 32 (1) Proceedings relating to any matter before the former Tribunal on the coming into force of section 44, including any matter that is in the course of being heard by the former Tribunal, shall be continued by the new Tribunal. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Application of provisions (2) Unless the Governor in Council, by order, directs that proceedings continued under this section are to be dealt with in accordance with the provisions of this Act, the proceedings shall be dealt with and determined in accordance with the provisions of the Aeronautics Act as that Act read immediately before the coming into force of section 44. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Directions re proceedings (3) The Governor in Council may, by order, direct that proceedings in respect of any class of matter referred to in subsection (1) in respect of which no decision or order is made on the coming into force of section 44 shall be discontinued or continued by the new Tribunal, as the case may be, on the terms and conditions specified in the order for the protection and preservation of the rights and interests of the parties. * * [Note: Section 44 in force June 30, 2003, see SI/2003-128.] Consequential Amendments 33 to 70 [Amendments] Coordinating Amendments 71 and 72 [Amendments] Current to June 20, 2022 Last amended on April 1, 2020 Transportation Appeal Tribunal of Canada Coming into Force Section 73 Coming into Force Coming into force 73 The provisions of this Act, other than sections 71 and 72, come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Sections 71 and 72 in force on assent December 18, 2001; sections 1 to 45, 52 to 54 and 60 to 70 in force June 30, 2003, see SI/2003-128; sections 55 to 59 in force June 30, 2005, see SI/2005-61; sections 46 to 51 repealed before coming into force, see 2008, c. 20, s. 3.] * Current to June 20, 2022 Last amended on April 1, 2020

CONSOLIDATION Telesat Canada Reorganization and Divestiture Act S.C. 1991, c. 52 Current to June 20, 2022 Last amended on January 1, 2012 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 January 1, 2012 TABLE OF PROVISIONS An Act to provide for the continuance of Telesat Canada under the Canada Business Corporations Act and for the disposal of the shares therein of Her Majesty in right of Canada Short Title 1 Short title Interpretation 2 Definitions Her Majesty 3 Binding on Her Majesty Transfer of Shares to Minister 4 Transfer of Minister of Finance shares Disposal of Shares by Minister 5 Power to sell or dispose of shares Continuance 6 Submission to Minister Restrictions Corporate Affairs and Status 9 Activities of Telesat Name Repeal *15 Repeal of R.S., c. T-6 Transitional 16 First annual meeting after divestiture Continuation in office No right to compensation Shares qualified Amendment Current to June 20, 2022 Last amended on January 1, 2012 ii Telesat Canada Reorganization and Divestiture TABLE OF PROVISIONS Coming into Force *22 Coming into force Current to June 20, 2022 Last amended on January 1, 2012 iv S.C. 1991, c. 52 An Act to provide for the continuance of Telesat Canada under the Canada Business Corporations Act and for the disposal of the shares therein of Her Majesty in right of Canada [Assented to 17th December 1991] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Telesat Canada Reorganization and Divestiture Act. Interpretation Definitions 2 (1) In this Act, Commission [Repealed, 1993, c. 38, s. 122] control means control in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, agreement or arrangement, the ownership of any body corporate or otherwise; (contrôle) divestiture date means the date on which shares of Telesat are first sold or otherwise disposed of by the Minister pursuant to subsection 5(1); (date d’aliénation) Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act or, if Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Interpretation Sections 2-4 no member is so designated, the Minister of State (Finance and Privatization); (ministre) person includes any individual, partnership, body corporate, unincorporated organization, government or agency thereof, trustee, executor, administrator or other legal representative; (personne) Telesat means Telesat Canada, a corporation continued by the Telesat Canada Act and includes any successor by way of amalgamation. (Télésat) Same meaning (2) Unless a contrary intention appears, words and expressions used in this Act have the same meaning as in the Canada Business Corporations Act. Operation of Canada Business Corporations Act and Telesat Canada Act (3) In the event of any inconsistency between this Act and either the Canada Business Corporations Act or the Telesat Canada Act, or anything issued, made or established under either of those Acts, this Act prevails to the extent of the inconsistency. Operation of Competition Act (4) Nothing in, or done under the authority of, this Act affects the operation of the Competition Act in respect of the acquisition of any interest in Telesat. 1991, c. 52, s. 2; 1993, c. 38, s. 122; 1994, c. 24, s. 34(F). Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Transfer of Shares to Minister Transfer of Minister of Finance shares 4 (1) The common shares of Telesat held by Her Majesty in right of Canada as represented by the Minister of Finance are hereby transferred to the Minister. Transfer of CNR shares (2) The common shares of Telesat held by the Canadian National Railway Company are hereby transferred to the Minister. Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Transfer of Shares to Minister Sections 4-5 Authority to acquire (3) The Minister is hereby authorized to acquire the shares transferred by subsections (1) and (2). Registration of shares (4) The shares transferred to the Minister by subsections (1) and (2) shall be registered in the books of Telesat in the name of the Minister and shall be held by the Minister in trust for Her Majesty in right of Canada. Provisions not applicable (5) Section 20 and subsections 26(1) and (2) and 27(2) of the Telesat Canada Act do not apply in respect of shares transferred by subsections (1) and (2). Disposal of Shares by Minister Power to sell or dispose of shares 5 (1) On such terms and conditions as the Governor in Council may approve, the Minister may (a) sell or otherwise dispose of the shares transferred to the Minister by section 4; and (b) enter into any agreement or arrangement necessary for or incidental to any disposal under paragraph (a). Payments to CNR (2) Where the Minister sells any shares pursuant to subsection (1), the Minister is hereby authorized to pay out of the Consolidated Revenue Fund to the Canadian National Railway Company an amount equal to that proportion of the net proceeds of the sale of the shares that the number of shares transferred to the Minister by subsection 4(2) is of the total number of shares transferred to the Minister by section 4. Credit to Debt Servicing and Reduction Account (3) If, during the third session of the thirty-fourth Parliament, Bill C-21, entitled An Act relating to the accounting of certain payments for the servicing and reduction of the debt of Canada, is assented to, then, the amount, if any, by which the net proceeds of the sale of any shares pursuant to subsection (1), other than net proceeds paid pursuant to subsection (2), exceeds the value of the shares as shown in the accounts of Canada immediately before the sale shall be credited to the Debt Servicing and Reduction Account established by that Act. Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Continuance Sections 6-9 Continuance Submission to Minister 6 (1) Forthwith after this section comes into force, Telesat shall submit an application for a certificate of continuance of Telesat under section 187 of the Canada Business Corporations Act to the Minister for approval. Submission to Director (2) Forthwith after the Minister approves an application submitted pursuant to subsection (1), Telesat shall submit the approved application to the Director. Presumption (3) An application submitted to the Director pursuant to this section is, subject to this Act, deemed for all purposes to have been made under subsection 187(1) of the Canada Business Corporations Act. 1991, c. 52, s. 6; 1994, c. 24, s. 34(F). 7 [Repealed, 1993, c. 38, s. 123] Restrictions 8 (1) Telesat and its shareholders and directors shall not, unless authorized by an Act of Parliament, (a) make any articles or by-laws inconsistent with this Act; (b) apply for continuance of Telesat in another jurisdiction; or (c) dissolve Telesat. Bankruptcy laws (2) No Act relating to the solvency or winding-up of a corporation applies to Telesat and in no case shall the affairs of Telesat be wound up unless authorized by an Act of Parliament. 1991, c. 52, s. 8; 1993, c. 38, s. 124. Corporate Affairs and Status Activities of Telesat 9 (1) Telesat shall (a) establish satellite telecommunication systems that provide, on a commercial basis, telecommunication services between locations in Canada and, subject to the appropriate intergovernmental arrangements, to and between other locations; Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Corporate Affairs and Status Sections 9-17 (b) supply, on a commercial basis, satellite telecommunication systems and elements thereof in Canada; and (c) provide, on a commercial basis, services associated with the development, implementation and operation of satellite telecommunication systems and elements thereof in Canada. No restriction imposed (2) Nothing in this section shall be construed as limiting the capacity, rights, powers and privileges of Telesat or as imposing a restriction on the businesses that it may carry on. Name 10 Notwithstanding subsection 10(1) of the Canada Business Corporations Act, Telesat may continue to use, and be legally designated by, the name “Telesat Canada” on and after the day on which it becomes a corporation to which that Act applies. 1991, c. 52, s. 10; 1994, c. 24, s. 34(F). 11 to 14 [Repealed, 1993, c. 38, s. 125] Repeal Repeal of R.S., c. T-6 15 (1) The Telesat Canada Act is repealed on the day on which Telesat becomes a corporation to which the Canada Business Corporations Act applies. * Director to give notice (2) The Director is not required to comply with subsection 187(6) of the Canada Business Corporations Act in respect of Telesat, but the Director shall, on issuing the certificate of continuance of Telesat, cause a notice to be published in the Canada Gazette setting out the date on which the certificate was issued and on which the Telesat Canada Act was repealed. [Note: Notice given March 27, 1992, see Canada Gazette Part I, Volume 126, page 1539.] * 1991, c. 52, s. 15; 1994, c. 24, s. 34(F). Transitional First annual meeting after divestiture 16 The first annual meeting of shareholders of Telesat after the divestiture date shall be held not later than six months after that date. 17 [Repealed before coming into force, 2008, c. 20, s. 3] Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Transitional Sections 18-20 Continuation in office 18 (1) The directors of Telesat who held office immediately before the day on which Telesat becomes a corporation to which the Canada Business Corporations Act applies continue to hold office according to the terms of their appointment or election. Termination of office (2) Notwithstanding section 17 and subsection (1), a director of Telesat ceases to hold office at the close of the first annual meeting of shareholders of Telesat held after the divestiture date, unless elected at that meeting as a director. 1991, c. 52, s. 18; 1994, c. 24, s. 34(F). No right to compensation 19 No person has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or any servant or agent thereof for ceasing to hold office pursuant to section 17 or 18. Shares qualified 20 (1) For the purpose of qualifying the shares of Telesat (a) as an authorized investment under paragraph 86(n) of the Canadian and British Insurance Companies Act, paragraph 61(1)(j) of the Loan Companies Act or paragraph 78(1)(j) of the Trust Companies Act, (b) as a permitted investment under paragraph 1(s) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) as assets that may be vested in trust in Canada under paragraph 1(n) of Schedule II to the Canadian and British Insurance Companies Act or paragraph 1(n) of the schedule to the Foreign Insurance Companies Act, Telesat is deemed to have satisfied the requirements of the provisions referred to in paragraphs (a) to (c) with respect to the period of five years immediately preceding the divestiture date. Debt obligations qualified (2) For the purpose of qualifying the bonds, debentures or other evidences of indebtedness of Telesat (a) as an authorized investment under subparagraph 86(k)(i) of the Canadian and British Insurance Companies Act, paragraph 61(1)(g) of the Loan Companies Act or paragraph 78(1)(g) of the Trust Companies Act, Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Transitional Sections 20-21 (b) as a permitted investment under paragraph 1(m) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) as assets that may be vested in trust in Canada under subparagraph 1(k)(i) of Schedule II to the Canadian and British Insurance Companies Act or subparagraph 1(k)(i) of the schedule to the Foreign Insurance Companies Act, Telesat is deemed (d) to have satisfied the requirements of the provisions referred to in paragraphs (a) to (c) with respect to each of the five years immediately preceding the divestiture date, and (e) to have had amounts of paid-in capital, contributed surplus, retained earnings and total indebtedness at any relevant time before the divestiture date sufficient to have satisfied the requirements of the provisions referred to in paragraphs (a) to (c). Idem (3) For the purpose of qualifying (a) the bonds, debentures or other evidences of indebtedness of or guaranteed by Telesat as an authorized investment under subparagraph 86(k)(ii) of the Canadian and British Insurance Companies Act, paragraph 61(1)(h) of the Loan Companies Act or paragraph 78(1)(h) of the Trust Companies Act, (b) the bonds, debentures or other evidences of indebtedness of or guaranteed by Telesat as a permitted investment under subparagraph 1(n)(i) of Schedule III to the Pension Benefits Standards Regulations, 1985, and (c) the bonds, debentures or other evidences of indebtedness of Telesat as assets that may be vested in trust in Canada under subparagraph 1(k)(ii) of Schedule II to the Canadian and British Insurance Companies Act or subparagraph 1(k)(ii) of the schedule to the Foreign Insurance Companies Act, Telesat is deemed to have had earnings for any relevant period before the divestiture date sufficient to have satisfied the requirements of the provisions referred to in paragraphs (a) to (c) with respect to the period of five years immediately preceding the divestiture date and each of those five years. Amendment 21 [Amendment] Current to June 20, 2022 Last amended on January 1, 2012 Telesat Canada Reorganization and Divestiture Coming into Force Section 22 Coming into Force Coming into force 22 (1) Subsection 4(2) and sections 6, 7, 8 and 17 shall come into force on a day or days to be fixed by order of the Governor in Council. * Idem (2) Section 9 shall come into force on the day on which the Telesat Canada Act is repealed. [Note: Subsection 4(2) in force March 6, 1992, see SI/92-47; sections 6, 7 and 8 in force March 26, 1992, see SI/92-69; section 9 in force March 27, 1992, see Canada Gazette Part I, Volume 126, page 1539; section 17 repealed before coming into force, see 2008, c. 20, s. 3.] * Current to June 20, 2022 Last amended on January 1, 2012

CONSOLIDATION Transportation of Dangerous Goods Act, 1992 S.C. 1992, c. 34 Current to June 20, 2022 Last amended on August 28, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 28, 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 28, 2019 TABLE OF PROVISIONS An Act to promote public safety in the transportation of dangerous goods Short Title 1 Short title Interpretation 2 Definitions 2.1 Interpretation Application of Act 3 Binding on Her Majesty Agreement with Provinces 4 Agreement with provinces Safety and Security Safety Requirements, Security Requirements, Safety Standards and Safety Marks 5 General prohibition 5.1 Prohibition — means of containment Compliance Marks and Dangerous Goods Marks 6 Prohibition — compliance mark 6.1 Prohibition — dangerous goods mark Emergency Response Assistance Plans and Security Plans Emergency Response Assistance Plans 7 Emergency response assistance plan 7.1 Direction and permission 7.2 Compensation Security Plans 7.3 Security plan Current to June 20, 2022 Last amended on August 28, 2019 ii Transportation of Dangerous Goods, 1992 TABLE OF PROVISIONS Means of Containment 8 Improper means of containment Supply records Inspectors 10 Designation of inspectors Obstruction of inspectors Financial Responsibility 14 Financial responsibility Monitoring Compliance 15 Powers of inspector Warrant required to enter dwelling-place 16.1 Certificate of inspection Remedying non-compliance — dangerous goods Duty to Respond 18 Duty to report Intervention 19 Grounds for intervention Personal Liability 20 Personal liability Inquiries 21 Minister may order inquiry Recovery of Costs and Expenses 22 Recovery of reasonable costs and expenses by Her Majesty Disclosure of Information 23 Notice for disclosure of information Privileged information Research and Advice 25 Technical research and publication Advisory councils Current to June 20, 2022 Last amended on August 28, 2019 iv Transportation of Dangerous Goods, 1992 TABLE OF PROVISIONS Regulations, Measures and Orders 27 Regulations 27.1 Security regulations 27.2 Security measures 27.3 Deputy may make security measures 27.4 Relationship with regulations 27.5 Unauthorized disclosure — security measures 27.6 Interim orders 27.7 Exemption from Statutory Instruments Act Ministerial fees orders Certificates and Directions 31 Equivalency certificate Protective directions Offences and Punishment 33 Contraventions Court order Limitation period for summary conviction offences Continuing offence Venue Offences by employee, agent or mandatary Representative of organization Defence Evidence 41 Certificate or report of inspector Prima facie proof Consequential Amendments Bill C-13 Repeal SCHEDULE Current to June 20, 2022 Last amended on August 28, 2019 v S.C. 1992, c. 34 An Act to promote public safety in the transportation of dangerous goods [Assented to 23rd June 1992] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Transportation of Dangerous Goods Act, 1992. Interpretation Definitions 2 In this Act, accidental release [Repealed, 2009, c. 9, s. 1] compliance mark means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed on a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods to indicate compliance with a safety standard that applies under the regulations; (indication de conformité) dangerous goods means a product, substance or organism included by its nature or by the regulations in any of the classes listed in the schedule; (marchandises dangereuses) dangerous goods mark means a symbol, device, sign, label, placard, letter, word, number or abbreviation, or any combination of those things, that is to be displayed Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Interpretation Section 2 to indicate the presence or nature of danger on dangerous goods, or on a means of containment or means of transport used in importing, offering for transport, handling or transporting dangerous goods; (indication de marchandises dangereuses) handling means loading, unloading, packing or unpacking dangerous goods in a means of containment for the purposes of, in the course of or following transportation and includes storing them in the course of transportation; (manutention) import [Repealed, 2009, c. 9, s. 1] inspector means a person designated as an inspector under subsection 10(1); (inspecteur) means of containment means a container or packaging, or any part of a means of transport that is or can be used to contain goods; (contenant) means of transport means a road or railway vehicle, aircraft, vessel, pipeline or any other contrivance that is or can be used to transport persons or goods; (moyen de transport) Minister means the Minister of Transport; (ministre) organization has the same meaning as in section 2 of the Criminal Code; (organisation) person means an individual or an organization; (personne) prescribed means prescribed by regulations of the Governor in Council; (Version anglaise seulement) public safety means the safety of human life and health and of property and the environment; (sécurité publique) release means, in relation to dangerous goods, (a) a discharge, emission, explosion, outgassing or other escape of dangerous goods, or any component or compound evolving from dangerous goods, from a means of containment being used to handle or transport the dangerous goods, or (b) an emission, from a means of containment being used to handle or transport dangerous goods, of ionizing radiation that exceeds a level or limit established under the Nuclear Safety and Control Act; (rejet) safety mark means a dangerous goods mark or a compliance mark; (indication de sécurité) Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Interpretation Sections 2-2.1 safety requirement means (a) a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods, (b) a requirement for persons engaged in designing, manufacturing, repairing, testing or equipping a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, or (c) a requirement for reporting by persons referred to in paragraphs (a) and (b) or a requirement for their training or registration; (règle de sécurité) safety requirements [Repealed, 2009, c. 9, s. 1] safety standard means a standard for a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods, including standards for the means of containment’s design, manufacture, repair, testing, equipping, functioning, use or performance; (norme de sécurité) safety standards [Repealed, 2009, c. 9, s. 1] security requirement means a requirement for persons engaged in importing, offering for transport, handling or transporting dangerous goods established under regulations made under section 27.1; (règle de sûreté) ship [Repealed, 2009, c. 9, s. 1] shipping record means a record that relates to dangerous goods being imported, offered for transport, handled or transported and that describes or contains information relating to the goods, and includes electronic records of information; (registre d’expédition) standardized means of containment means a means of containment to which a safety standard applies under the regulations; (contenant normalisé) vessel has the same meaning as in section 2 of the Canada Shipping Act, 2001. (bâtiment) 1992, c. 34, s. 2; 1997, c. 9, s. 122; 1999, c. 31, s. 212(E); 2009, c. 9, s. 1. Interpretation 2.1 For the purposes of this Act, a person who is named in a shipping record accompanying dangerous goods or a means of containment on entry into Canada as the person in Canada to whom the dangerous goods or the means of containment is to be delivered is deemed to be importing the dangerous goods or means of containment. 2009, c. 9, s. 2. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Interpretation Sections 2.1-4 Application of Act Binding on Her Majesty 3 (1) This Act is binding on Her Majesty in right of Canada or a province. Application (2) In addition to its application in Canada, this Act applies to vessels and aircraft outside Canada that are registered in Canada. Exceptions — regulations and certificates (3) This Act does not apply to the extent that its application is excluded by a regulation made under paragraph 27(1)(e) or by a certificate issued under section 31. Other exceptions (4) This Act does not apply in relation to (a) any activity or thing under the sole direction or control of the Minister of National Defence, including in circumstances in which the regulations provide that it is under that Minister’s sole direction or control; (b) commodities transported by a pipeline governed by the Canadian Energy Regulator Act, the Canada Oil and Gas Operations Act or the law of a province; or (c) dangerous goods confined only by the permanent structure of a vessel. 1992, c. 34, s. 3; 2009, c. 9, s. 3; 2019, c. 28, s. 162. Agreement with Provinces Agreement with provinces 4 (1) The Minister may (a) with the approval of the Governor in Council, enter into an agreement with one or more provincial governments with respect to the administration of this Act; and (b) subject to such terms and conditions as the Governor in Council may specify in the approval, agree to amendments to the agreement. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Agreement with Provinces Sections 4-6 Publication (2) The Minister shall make the agreement public. Safety and Security Safety Requirements, Security Requirements, Safety Standards and Safety Marks General prohibition 5 No person shall import, offer for transport, handle or transport any dangerous goods unless (a) the person complies with all safety requirements and security requirements that apply under the regulations; (b) the goods are accompanied by all documents that are required under the regulations; (c) a means of containment is used for the goods that is required or permitted under the regulations; and (d) the means of containment and means of transport comply with all safety standards that apply under the regulations and display all applicable safety marks in accordance with the regulations. 1992, c. 34, s. 5; 2009, c. 9, s. 4. Prohibition — means of containment 5.1 No person shall design, manufacture, repair, test or equip a means of containment used or intended to be used in importing, offering for transport, handling or transporting dangerous goods unless the person complies with all safety requirements that apply under the regulations. 2009, c. 9, s. 4. Compliance Marks and Dangerous Goods Marks Prohibition — compliance mark 6 No person shall affix or display on a means of containment a compliance mark that is required or permitted under the regulations — or another mark that is likely to Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Safety and Security Compliance Marks and Dangerous Goods Marks Sections 6-7 be mistaken for such a mark — in respect of the manufacture, repair or testing of the means of containment, unless the manufacture, repair or testing was done in compliance with all safety requirements and safety standards applicable to that compliance mark. 1992, c. 34, s. 6; 2009, c. 9, s. 6. Prohibition — dangerous goods mark 6.1 No person shall affix or display on dangerous goods, a means of containment or a means of transport a dangerous goods mark that is required or permitted under the regulations — or another mark that is likely to be mistaken for such a mark — if the mark is misleading as to the presence of danger or the nature of any danger. 2009, c. 9, s. 6. Emergency Response Assistance Plans and Security Plans Emergency Response Assistance Plans Emergency response assistance plan 7 (1) No person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has an emergency response assistance plan that is approved under this section before (a) importing the dangerous goods; (b) offering the dangerous goods for transport; or (c) handling or transporting the dangerous goods, in the case where no other person is required to have an emergency response assistance plan under paragraph (a) or (b) in respect of that handling or transporting. Contents (2) The plan shall outline what is to be done to respond to an actual or anticipated release of the dangerous goods in the course of their handling or transporting that endangers, or could endanger, public safety. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Emergency Response Assistance Plans and Security Plans Emergency Response Assistance Plans Sections 7-7.1 Approval (3) The Minister may approve the plan for a specified period, if the Minister believes on reasonable grounds that it can be implemented and will be effective in responding to such a release. Interim approval (4) The Minister may grant an interim approval of the plan for a specified period before finishing the investigation of the matters to be considered under subsection (3) if the Minister has no reason to suspect that the plan cannot be implemented or will be ineffective in responding to such a release. Revocation of approval (5) The Minister may revoke an approval of an emergency response assistance plan if (a) in the case of an interim approval, the Minister subsequently believes on reasonable grounds that the plan cannot be implemented or will be ineffective in responding to such a release; (b) the Minister believes on reasonable grounds that the plan can no longer be implemented or will no longer be effective in responding to such a release; (c) the Minister has requested changes to the plan that the Minister believes on reasonable grounds are needed to make it effective in responding to such a release and the changes have not been made within a reasonable time or have been refused; (d) the Minister believes on reasonable grounds that there has been a release of dangerous goods to which the plan applies — or that such a release has been anticipated — and that the plan was not used to respond to the actual or anticipated release; or (e) a direction made in respect of the plan under paragraph 7.1(a) has not been complied with. 1992, c. 34, s. 7; 1994, c. 26, s. 69; 2009, c. 9, s. 6. Direction and permission 7.1 The Minister may, if the Minister believes that doing so is necessary for the protection of public safety, (a) direct a person with an approved emergency response assistance plan to implement the plan, within a reasonable time as specified in the direction, in order to respond to an actual or anticipated release of dangerous goods to which the plan applies; or (b) authorize a person with an approved emergency response assistance plan to implement the plan in Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Emergency Response Assistance Plans and Security Plans Emergency Response Assistance Plans Sections 7.1-8 order to respond to an actual or anticipated release of dangerous goods if the Minister does not know the identity of any person required under subsection 7(1) to have an emergency response assistance plan in respect of the release. 2009, c. 9, s. 6. Compensation 7.2 (1) The Minister shall compensate, in accordance with the regulations, any person who is authorized to implement an approved emergency response assistance plan under paragraph 7.1(b) for expenses authorized to be compensated under the regulations that are incurred by that person as a result of implementing the plan. Payment out of C.R.F. (2) The compensation shall be paid out of the Consolidated Revenue Fund. 2009, c. 9, s. 6. Security Plans Security plan 7.3 (1) No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — before the person has undergone security training in accordance with the regulations, has a security plan that meets the requirements of subsection (2) and has implemented the plan in accordance with the regulations. Contents (2) The plan shall, in accordance with the regulations, set out measures to prevent the dangerous goods from being stolen or otherwise unlawfully interfered with in the course of the importing, offering for transport, handling or transporting. 2009, c. 9, s. 6. Means of Containment Improper means of containment 8 No person shall sell, offer for sale, deliver, distribute, import or use a standardized means of containment unless it displays all applicable safety marks in accordance with the regulations. 1992, c. 34, s. 8; 2009, c. 9, s. 7. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Means of Containment Sections 9-10 Supply records 9 (1) A manufacturer or importer of standardized means of containment shall keep records of the persons to whom the manufacturer or importer supplies the means of containment. Notice of defective construction or recall (2) If the Minister believes on reasonable grounds that any standardized means of containment is unsafe as supplied by the manufacturer or as imported for handling or transporting dangerous goods, the Minister may direct the manufacturer or importer to issue a notice of defective construction or recall to the person to whom it was supplied. Notice of defective repair or defective testing (3) The Minister may direct a person who repaired or tested a standardized means of containment to issue a notice of defective repair or defective testing, as the case may be, to the person for whom it was repaired or tested, or to publish the notice in a manner such that the notice is likely to come to that person’s attention, if the Minister believes on reasonable grounds that the person who repaired or tested the standardized means of containment (a) failed to comply with an applicable safety requirement or safety standard; and (b) affixed to the standardized means of containment — or did not remove from it — the safety mark that indicates that the safety requirement or safety standard had been complied with. 1992, c. 34, s. 9; 2009, c. 9, s. 8. Inspectors Designation of inspectors 10 (1) The Minister may designate persons or classes of persons whom the Minister considers qualified to act as inspectors for any of the purposes of this Act, and may revoke such a designation. Certificate of designation (2) The Minister shall give every inspector a certificate of designation showing the matters in respect of which the inspector is designated, including the purposes, classes of dangerous goods, means of containment, means of transport and places for which the inspector is designated. Certificate to be shown (3) On entering any place or inspecting anything, an inspector shall show the certificate to the person in charge Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Inspectors Sections 10-14 of the place or thing if the person requests proof of the inspector’s designation. 1992, c. 34, s. 10; 2009, c. 9, s. 10. 11 [Repealed, 2009, c. 9, s. 11] 12 [Repealed, 2009, c. 9, s. 11] Obstruction of inspectors 13 (1) When an inspector is exercising powers or carrying out duties and functions under this Act, no person shall (a) fail to comply with any reasonable request of the inspector; (b) knowingly make any false or misleading statement either orally or in writing to the inspector; (c) except with the authority of the inspector, remove, alter or interfere in any way with anything detained or removed by or under the direction of the inspector; or (d) otherwise obstruct or hinder the inspector. Obstruction of qualified person (2) When a qualified person is exercising powers under subsection 15(3), no person shall (a) fail to comply with any reasonable request of the qualified person; (b) knowingly make any false or misleading statement either orally or in writing to the qualified person; or (c) otherwise obstruct or hinder the qualified person. 1992, c. 34, s. 13; 2009, c. 9, s. 12. Financial Responsibility Financial responsibility 14 (1) No person shall import, offer for transport, handle or transport dangerous goods, or manufacture or import standardized means of containment, unless the person is financially responsible in accordance with the regulations. Proof of financial responsibility (2) A person who carries on any of those activities shall provide to an inspector on request the proof that is required under the regulations of financial responsibility. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Financial Responsibility Sections 14-15 Limitation (3) This section does not apply to Her Majesty in right of Canada or a province or to the entities named in Schedules II and III to the Financial Administration Act. 1992, c. 34, s. 14; 2009, c. 9, s. 13. Monitoring Compliance Powers of inspector 15 (1) For the purpose of ensuring compliance with this Act, an inspector may, subject to section 16 but at any reasonable time, stop any means of transport for which the inspector is designated and enter and inspect any place, or any such means of transport, if the inspector believes on reasonable grounds that in or on the place or means of transport there are (a) dangerous goods being offered for transport, handled or transported; (b) means of containment being manufactured, repaired or tested on which a compliance mark is displayed or will be affixed; (c) standardized means of containment; (d) books, shipping records, emergency response assistance plans, security plans or other documents that contain any information relevant to the purposes of this Act; or (e) computer systems, data processing systems or any other electronic devices or media that contain information relevant to the purposes of this Act, or that have such information available to them. Powers of inspector (2) In the course of carrying out an inspection under subsection (1), an inspector may (a) open and inspect, or request the opening and inspection of, any means of containment for which the inspector is designated, including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods, if the inspector believes on reasonable grounds that it is being used to handle or transport dangerous goods or to contain dangerous goods offered for transport; (b) open and inspect, or request the opening and inspection of, any means of containment described in Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Monitoring Compliance Sections 15-16 paragraph (1)(b) or (c), including any closures, valves, safety release devices or other appurtenances that are essential to the use of the means of containment to contain dangerous goods; (c) for the purpose of analysis, take, or request the taking of, a reasonable quantity of anything the inspector believes on reasonable grounds to be dangerous goods; (d) examine, or request the examining of, information described in paragraph (1)(d) or (e) that the inspector believes on reasonable grounds is relevant to the purposes of this Act and make, or request the making of, copies of any of it; and (e) ask questions of any person for the purposes of this Act. Authorized person (3) An inspector may, in accordance with the regulations, authorize any qualified person to enter any place or means of transport that the inspector may enter under subsection (1) and to exercise any of the powers set out in subsection (2). 1992, c. 34, s. 15; 2009, c. 9, s. 14. Warrant required to enter dwelling-place 16 (1) An inspector may not enter a dwelling-place except with the consent of the occupant or under the authority of a warrant. Authority to issue warrant (2) Where on ex parte application a justice, as defined in section 2 of the Criminal Code, is satisfied by information on oath that (a) the conditions for entry described in section 15 exist in relation to a dwelling-place, (b) entry is necessary for the purposes of this Act, and (c) entry has been refused or there are reasonable grounds for believing that entry will be refused, the justice may at any time sign and issue a warrant authorizing the inspector named in the warrant to enter the dwelling-place subject to any conditions that may be specified in the warrant. Use of force (3) The inspector who executes the warrant shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant. 1992, c. 34, s. 16; 2009, c. 9, s. 15(E). Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Monitoring Compliance Sections 16.1-17 Certificate of inspection 16.1 (1) If an inspector or a person authorized under subsection 15(3) opens anything, or requests that anything be opened, for inspection or for the taking of a reasonable quantity of anything that is sealed or closed up, the inspector shall provide the person who has the charge, management or control of the thing that was opened with a certificate in prescribed form as proof that it was opened for that purpose. Effect of inspector’s certificate (2) The person to whom, or for whose benefit, the certificate is provided is not liable, either civilly or criminally, in respect of any act or omission of the inspector or authorized person in the course of the inspection of the thing or the taking of the reasonable quantity from it, but is not otherwise exempt from compliance with this Act and the regulations. 2009, c. 9, s. 16. Remedying non-compliance — dangerous goods 17 (1) An inspector may remove to an appropriate place any dangerous goods, the means of containment being used to handle or transport them or a standardized means of containment, or direct a person to do so, and may detain the thing removed until satisfied that the activity will be done in compliance with this Act, if the inspector believes on reasonable grounds that any of the following activities is being carried out in a way that does not comply with this Act: (a) importing, offering for transport, handling or transporting dangerous goods; or (b) selling, offering for sale, delivering, distributing, importing or using a standardized means of containment. Other measures (2) The inspector may also take any other measures necessary to remedy the non-compliance or direct a person to take the necessary measures. Direction not to bring into Canada (3) If the dangerous goods or means of containment originates from outside Canada and the inspector believes on reasonable grounds that measures to remedy the non-compliance are not possible or desirable, the inspector may direct that the goods or means of containment not be brought into Canada or that they be returned to their place of origin. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Monitoring Compliance Sections 17-19 Persons liable to direction (4) A direction may be issued under this section only to a person who, at the time of the non-compliance or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment. 1992, c. 34, s. 17; 2009, c. 9, s. 17. Duty to Respond Duty to report 18 (1) Any person who has the charge, management or control of a means of containment shall report to every person prescribed for the purposes of this subsection any actual or anticipated release of dangerous goods that is or could be in excess of a quantity or concentration specified by regulation from the means of containment if the release endangers, or could endanger, public safety. Duty to take reasonable emergency measures (2) Every person required to make a report shall, as soon as possible in the circumstances, take all reasonable emergency measures to reduce or eliminate any danger to public safety that results or may reasonably be expected to result from the release. Loss or theft (3) If dangerous goods in excess of a quantity or concentration that is specified by regulation are lost or stolen during their handling or transporting, any person who had the charge, management or control of the goods immediately before the loss or theft shall report it to every person prescribed for the purposes of this subsection. 1992, c. 34, s. 18; 2009, c. 9, s. 18. Intervention Grounds for intervention 19 (1) If an inspector believes on reasonable grounds that doing so is necessary to prevent an anticipated release of dangerous goods that could endanger public safety, or to reduce any danger to public safety that results or could result from an actual release of dangerous goods, the inspector may do any of the following: (a) remove the dangerous goods, or a means of containment being used to handle or transport the dangerous goods, to an appropriate place, or direct a person to remove the dangerous goods or the means of containment to such a place; Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Intervention Sections 19-20 (b) direct a person to do anything else to prevent the release or reduce any resulting danger to public safety, or to refrain from doing anything that might impede the prevention of the release or the reduction of the danger; and (c) exercise any power set out in section 15. Persons liable to direction (2) Such a direction may be issued only to any person (a) who, when the release occurs or is anticipated or at any time afterward, owns, imports or has the charge, management or control of the dangerous goods or means of containment; (b) who is required under section 7 to have an emergency response assistance plan that applies to the actual or anticipated release; (c) who is responding to the actual or anticipated release in accordance with an emergency response assistance plan approved under section 7; or (d) who causes or contributes to the occurrence of the actual or anticipated release. 1992, c. 34, s. 19; 2009, c. 9, s. 19. Personal Liability Personal liability 20 The following persons are not personally liable, either civilly or criminally, in respect of any act or omission done in good faith and without negligence: (a) any person who responds to an actual or anticipated release using an emergency response assistance plan that applies to the release, acts in accordance with the plan and informs the Canadian Transport Emergency Centre of the Department of Transport of their response to the release; (b) any person who is directed or required under paragraph 7.1(a), section 17, subsection 18(2) or paragraph 19(1)(a) or (b) to do or refrain from doing anything and acts in accordance with the direction or requirement; and (c) any person who acts in accordance with an authorization given under paragraph 7.1(b). 1992, c. 34, s. 20; 2009, c. 9, s. 19. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Inquiries Section 21 Inquiries Minister may order inquiry 21 (1) If a release of dangerous goods from a means of containment being used to handle or transport dangerous goods has resulted in death or injury to any person or damage to any property or the environment, the Minister may direct a public inquiry to be made, subject to the Canadian Transportation Accident Investigation and Safety Board Act, and may authorize any person or persons that the Minister considers qualified to conduct the inquiry. Powers of persons conducting inquiries (2) For the purposes of the inquiry, any person authorized by the Minister has all the powers of a person appointed as a commissioner under Part I of the Inquiries Act. Compatible procedures and practices (3) The person or persons authorized to conduct the inquiry shall ensure that, as far as practicable, the procedures and practices for the inquiry are compatible with any investigation procedures and practices followed by any appropriate provincial authorities, and may consult with those authorities concerning compatible procedures and practices. Report (4) As soon as possible after the inquiry is concluded, the person or persons authorized to conduct the inquiry shall submit a report with recommendations to the Minister, together with all the evidence and other material that was before the inquiry. Publication (5) The Minister shall publish the report within thirty days after receiving it. Copies of report (6) The Minister may supply copies of the report in any manner and on any terms that the Minister considers proper. 1992, c. 34, s. 21; 2009, c. 9, s. 20. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Recovery of Costs and Expenses Section 22 Recovery of Costs and Expenses Recovery of reasonable costs and expenses by Her Majesty 22 (1) Her Majesty in right of Canada may recover the costs and expenses reasonably incurred while taking any measures under section 17 or 19. Persons liable (2) The costs and expenses may be recovered jointly and severally from any persons who, through their fault or negligence or that of others for whom they are by law responsible, caused or contributed to the circumstances necessitating the measures. Presumption (3) For the purposes of proceedings under this section, a defendant engaged in an activity in relation to which this Act applies shall be presumed to have been at fault or negligent unless it is established, on a balance of probabilities, that the defendant and any others for whom the defendant is by law responsible took all reasonable measures to comply with this Act and the regulations. Procedure (4) All claims under this section may be sued for and recovered by Her Majesty in right of Canada with costs in proceedings brought or taken for the claims in the name of Her Majesty in right of Canada in any court of competent jurisdiction. Recourse or indemnity (5) This section does not limit or restrict any right of recourse or indemnity that any person who is liable under subsection (1) may have against any other person. Civil remedies (6) No civil remedy for any act or omission is suspended or affected by reason only that the act or omission is an offence under this Act or gives rise to liability under this section. Operator’s liability under Nuclear Liability and Compensation Act (7) Nothing in this section relieves an operator, as defined in section 2 of the Nuclear Liability and Compensation Act, from any duty or liability imposed on them under that Act. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Recovery of Costs and Expenses Sections 22-24 Limitation period (8) Proceedings in respect of a claim under this section may be instituted no later than two years after the day the events in respect of which the proceedings are instituted occurred or became evident. 1992, c. 34, s. 22; 2009, c. 9, s. 21(F); 2015, c. 4, s. 123. Disclosure of Information Notice for disclosure of information 23 (1) The Minister may, by registered mail, send a written notice to any manufacturer, producer, distributor or importer of any product, substance or organism requesting the disclosure of information relating to its formula, composition or chemical ingredients and any similar information that the Minister considers necessary for the administration or enforcement of this Act. Disclosure (2) A person who receives a notice shall disclose the requested information to the Minister within the time and in the manner specified in the notice. 1992, c. 34, s. 23; 2009, c. 9, s. 22. Privileged information 24 (1) The following information is privileged: (a) information disclosed under section 23 and information of a similar nature obtained by an inspector under section 15; (b) information in a record of a communication between any person and the Canadian Transport Emergency Centre of the Department of Transport relating to an actual or anticipated release of dangerous goods; and (c) information relating to security that is obtained under paragraph 15(2)(d). Exceptions (2) Information is not privileged to the extent that it (a) relates only to the dangerous properties of a product, substance or organism without revealing its formula, composition or chemical ingredients; or (b) is required to be disclosed or communicated for the purposes of an emergency involving public safety. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Disclosure of Information Sections 24-26 Evidence in legal proceedings (3) Despite any other Act or law, no person shall be required, in connection with any legal proceedings, to produce any statement or other record containing privileged information or to give evidence relating to it unless the proceedings relate to the administration or enforcement of this Act. Disclosure (4) No person shall knowingly communicate privileged information or allow it to be communicated to any person, or allow any other person to have access to the information, except (a) with the written consent of the person from whom the information was obtained under section 15 or who disclosed the information under section 23 or in a record of a communication referred to in paragraph (1)(b); (b) for the purposes of the administration or enforcement of this Act, in the case of information obtained under section 15 or disclosed under section 23; or (c) to an inspector for the purposes of emergency response analysis or training of inspectors, in the case of information obtained in a record of a communication referred to in paragraph (1)(b). 1992, c. 34, s. 24; 1994, c. 26, s. 71(F); 2009, c. 9, s. 23. Research and Advice Technical research and publication 25 The Minister may (a) conduct, alone or in cooperation with any government, agency, body or person, whether Canadian or not, programs of technical research and investigation into the development and improvement of safety marks, safety requirements, safety standards and regulations under this Act and coordinate the programs with similar programs undertaken in Canada; and (b) have information relating to the programs or their results published and distributed in a form and manner that are most useful to the public, the Government of Canada and the governments of the provinces. 1992, c. 34, s. 25; 2009, c. 9, s. 36(F). Advisory councils 26 (1) The Minister may, by order, Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Research and Advice Sections 26-27 (a) establish one or more advisory councils to advise the Minister on matters concerning existing or proposed safety marks, safety requirements and safety standards or on any other matters specified in the order; (b) specify the period or periods during which the councils are to serve; and (c) provide for any matters relating to the councils or their members as the Minister considers necessary. Membership (2) The Minister may determine the membership of any advisory council after any consultation that the Minister considers appropriate with the representatives of the transportation and related industries, the governments of the provinces, other interested persons and bodies and the public. 1992, c. 34, s. 26; 2009, c. 9, s. 36(F). Regulations, Measures and Orders Regulations 27 (1) The Governor in Council may make regulations generally for carrying out the purposes and provisions of this Act, including regulations (a) prescribing products, substances and organisms to be included in the classes listed in the schedule; (b) establishing divisions, subdivisions and groups of dangerous goods and of the classes of dangerous goods; (c) specifying, for each product, substance and organism prescribed under paragraph (a), the class, division, subdivision or group into which it falls; (d) determining or providing the manner of determining the class, division, subdivision or group into which dangerous goods not prescribed under paragraph (a) fall; (e) exempting from the application of this Act and the regulations, or any of their provisions, the importing, offering for transport, handling or transporting of dangerous goods; (f) respecting, for the purposes of paragraph (e), any quantities or concentrations of dangerous goods or ranges of them, respecting the manner of determining those quantities, concentrations or ranges and respecting any circumstances or conditions — including Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Section 27 circumstances or conditions regarding premises, facilities or means of containment — under which an activity is exempted under paragraph (e); (g) respecting circumstances in which any activity or thing is under the sole direction or control of the Minister of National Defence; (h) respecting circumstances in which dangerous goods must not be imported, offered for transport, handled or transported; (i) specifying dangerous goods that must not be imported, offered for transport, handled or transported in any circumstances; (j) respecting safety marks, safety requirements and safety standards of general or particular application; (j.1) requiring safety management systems to be established by prescribed persons or classes of persons with respect to specified quantities or concentrations of dangerous goods or ranges of them, specifying those quantities, concentrations or ranges, respecting the manner of determining those quantities, concentrations or ranges and respecting the content or requirements of those systems; (j.2) respecting, in respect of particular dangerous goods, or classes, divisions, subdivisions and groups of dangerous goods, the means of containment to be used in importing, offering for transport, handling or transporting those goods; (k) specifying quantities or concentrations of dangerous goods, or ranges of them, in relation to which emergency response assistance plans are required to be approved under section 7, and respecting the manner of determining those quantities, concentrations or ranges; (k.1) respecting the information to be provided in an application for approval of the emergency response assistance plan referred to in section 7; (k.2) respecting compensation of persons under section 7.2, and specifying the expenses that are authorized to be compensated; (l) respecting the manner in which records are to be kept under section 9, the information to be included in them and the notices to be issued under that section; (m) respecting the issuance of notices under section 9, and the contents of those notices; Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Section 27 (n) respecting shipping records and other documents to be used in offering for transport, handling or transporting dangerous goods, the information to be included in those documents and the persons by whom and the manner in which they are to be used and kept; (o) respecting the qualification, training and examination of inspectors, prescribing the forms of the certificates described in sections 10 and 16.1 and respecting the manner in which inspectors are to carry out their duties and functions under this Act; (p) respecting levels of financial responsibility required under subsection 14(1) in respect of any activity referred to in that subsection, and the nature and form of proof that may be requested under subsection 14(2); (p.1) respecting the authorization of qualified persons referred to in subsection 15(3) and the manner in which they may exercise powers set out in subsection 15(2); (q) specifying quantities or concentrations of dangerous goods or ranges of them for the purposes of section 18, and respecting the manner of determining those quantities, concentrations or ranges; (r) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; (r.1) respecting the information to be provided in an application for a certificate under section 31; (s) respecting the manner of applying for, issuing and revoking approvals of emergency response assistance plans under section 7 or certificates under section 31 and providing for the appeal or review of a refusal to issue an approval or certificate or of a revocation of one; (t) providing for the notification of persons directed to do anything under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1), for the coming into effect, duration and appeal or review of those directions and for any other incidental matters; (u) respecting the manner in which amounts are to be paid under paragraph 34(1)(d); and (v) prescribing persons or classes of persons who are to be prescribed under this Act. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 27-27.1 References in regulations (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made and, for the purpose of providing for alternative ways of complying with this Act, may refer to any of the following documents as amended from time to time: (a) the International Maritime Dangerous Goods Code published by the International Maritime Organization; (b) the Technical Instructions for the Safe Transport of Dangerous Goods by Air published by the International Civil Aviation Organization; and (c) Title 49 of the Code of Federal Regulations of the United States. 1992, c. 34, s. 27; 2009, c. 9, s. 25. Security regulations 27.1 (1) The Governor in Council may make regulations respecting the security of the importing, offering for transport, handling or transporting of dangerous goods, including regulations (a) respecting the prevention of unlawful interference with the importing, offering for transport, handling or transporting of dangerous goods and the action that is to be taken if that interference occurs or is likely to occur; (b) prescribing persons or classes of persons, specifying quantities or concentrations of dangerous goods or ranges of them, and respecting the manner of determining those quantities, concentrations or ranges, for the purposes of section 5.2; (c) respecting the conditions that a person is to meet to receive a transportation security clearance; (d) respecting the manner of applying for, issuing, suspending and revoking a transportation security clearance and providing for the appeal or review of a refusal to issue such a clearance or of a suspension or revocation of one; (e) prescribing persons or classes of persons, respecting the contents and implementation of security plans, and specifying quantities or concentrations of Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 27.1-27.2 dangerous goods or ranges of them, for the purposes of subsection 7.3(1); (f) respecting security training, including its content and its implementation, and the measures described in subsection 7.3(2); (g) requiring security management systems to be established by prescribed persons or classes of persons with respect to specified quantities or concentrations of dangerous goods or ranges of them, specifying those quantities, concentrations or ranges and respecting the content or requirements of those systems; (h) establishing security requirements for equipment, systems and processes used in importing, offering for transport, handling or transporting dangerous goods, including means of transport tracking and identification protocols; (i) respecting the provision to the Minister of securityrelated information; (j) prescribing persons or classes of persons who are to receive reports under section 18, and respecting the manner of making the reports, the information to be included in them and the circumstances in which they are not required; and (k) prescribing persons or classes of persons who are to be prescribed under this Act. References in regulations (2) The regulations may refer to any document, in whole or in part, as it exists when the regulations are made. 2009, c. 9, s. 26. Security measures 27.2 (1) The Minister may make measures — referred to in this Act as security measures — respecting the security of the importing, offering for transport, handling or transporting of dangerous goods. Restriction (2) The Minister may make a security measure in relation to a particular matter only if (a) a regulation could be made in relation to that matter under subsection 27.1(1); and Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Section 27.2 (b) the publication of the regulation would compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or would endanger public safety. Review (3) A security measure comes into force immediately when it is made, but the Minister shall review the security measure within two years after the day on which it is made and within every following two years to determine whether the disclosure of the particular matter that is the subject of the security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety. Suspension of s. 27.5(1) and repeal of security measure (4) If the Minister is of the opinion that the disclosure of the particular matter that is the subject of a security measure would no longer compromise the security of the importing, offering for transport, handling or transporting of dangerous goods or endanger public safety, the Minister shall (a) within 23 days after the day on which the Minister forms that opinion, publish in the Canada Gazette a notice that sets out the substance of the security measure and states that subsection 27.5(1) no longer applies in respect of the security measure; and (b) repeal the security measure before the earlier of (i) the day that is one year after the day on which the notice is published, and (ii) the day on which a regulation is made under subsection 27.1(1) in respect of the matter dealt with by the security measure. Effect of notice (5) If a notice is published under paragraph (4)(a), subsection 27.5(1) ceases to apply in respect of the security measure as of the day the notice is published. Consultation (6) Before making a security measure, the Minister shall consult with any person or organization that the Minister considers appropriate in the circumstances. Exception (7) Subsection (6) does not apply if, in the opinion of the Minister, the security measure is immediately required for the security of the importing, offering for transport, Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 27.2-27.5 handling or transporting of dangerous goods or for public safety. 2009, c. 9, s. 26. Deputy may make security measures 27.3 (1) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, security measures whenever the deputy is of the opinion that the measures are immediately required for public safety, provided that the conditions in paragraphs 27.2(2)(a) and (b) are met. Duration (2) The security measure comes into force immediately when it is made but ceases to have force 90 days after the day on which it is made unless the Minister or his or her deputy repeals it earlier. 2009, c. 9, s. 26; 2015, c. 3, s. 156(F). Relationship with regulations 27.4 (1) A security measure may provide that it applies in lieu of or in addition to any regulation under subsection 27.1(1). Conflict (2) If there is a conflict between a regulation under subsection 27.1(1) and a security measure, the security measure prevails to the extent of the conflict. 2009, c. 9, s. 26. Unauthorized disclosure — security measures 27.5 (1) Unless the Minister states under subsection 27.2(4) that this subsection does not apply in respect of a security measure, no person other than the person who made the security measure shall disclose its substance to any other person unless the disclosure is required by law or is necessary to give the security measure effect. Court to inform Minister (2) If, in any proceedings before a court or other body having jurisdiction to compel the production or discovery of information, a request is made for the production or discovery of any security measure, the court or other body shall, if the Minister is not a party to the proceedings, cause a notice of the request to be given to the Minister, and, in camera, examine the security measure and give the Minister a reasonable opportunity to make representations with respect to it. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 27.5-27.6 Order (3) If the court or other body concludes in the circumstances of the case that the public interest in the proper administration of justice outweighs in importance the public interest in the security of the importing, offering for transport, handling or transporting of dangerous goods, the court or other body shall order the production or discovery of the security measure, subject to any restrictions or conditions that it considers appropriate, and may require any person to give evidence that relates to the security measure. 2009, c. 9, s. 26. Interim orders 27.6 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation under subsection 27.1(1) if the Minister believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety. Deputy may make interim orders (2) The Minister may authorize his or her deputy to make, subject to any restrictions or conditions that the Minister specifies, an interim order whenever the deputy believes that immediate action is required to deal with an immediate threat to the security of the importing, offering for transport, handling or transporting of dangerous goods or to public safety. Duration (3) An interim order comes into force immediately when it is made but ceases to have effect on the earliest of (a) the day that is 14 days after the day on which it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under subsection 27.1(1) that has the same effect as the interim order comes into force, and (d) the day that is two years after the day on which the interim order is made or that is at the end of any shorter period that the interim order specifies. Publication (4) An interim order shall be published in the Canada Gazette within 23 days after the day on which it is made. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 27.6-29 Tabling of order (5) A copy of each interim order shall be tabled in each House of Parliament within 15 days after the day on which it is made. House not sitting (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting. 2009, c. 9, s. 26. Exemption from Statutory Instruments Act 27.7 (1) Security measures and interim orders are not statutory instruments for the purposes of the Statutory Instruments Act. Precondition for contravention (2) No person shall be found to have contravened any security measure, or any interim order that has not been published in the Canada Gazette under subsection 27.6(4) at the time of the alleged contravention, unless it is proved that, at the time of the alleged contravention, the person had been notified of the security measure or interim order or reasonable steps had been taken to bring its purport to the notice of those persons likely to be affected by it. Certificate (3) A certificate purporting to be signed by the Minister or the Secretary of the Department of Transport and stating that a notice containing the security measure or interim order was given to persons likely to be affected by it or that reasonable steps had been taken to bring its purport to their notice is, in the absence of evidence to the contrary, proof that notice was given to those persons. 2009, c. 9, s. 26. 28 [Repealed, 2009, c. 9, s. 27] Ministerial fees orders 29 (1) The Minister may make orders fixing any fees or charges, or determining the manner of calculating any fees or charges, to be paid (a) for services or the use of facilities provided by the Minister in the administration of this Act; or (b) in relation to applying for transportation security clearances described in subsection 5.2(2), equivalency certificates described in subsection 31(1), approvals or registrations under this Act. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Regulations, Measures and Orders Sections 29-31 Limitation (2) Her Majesty in right of Canada or a province and the entities named in Schedules II and III to the Financial Administration Act are not liable to pay the fees or charges. 1992, c. 34, s. 29; 2009, c. 9, s. 28. 30 (1) and (2) [Repealed, 2014, c. 20, s. 232] Review of regulations — House of Commons (3) The Standing Committee on Transport, Infrastructure and Communities of the House of Commons or, if there is not a Standing Committee on Transport, Infrastructure and Communities, the appropriate committee of that House may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The Committee may hold public hearings and may table its report on its review in the House of Commons. Review of regulations — Senate (4) The Standing Senate Committee on Transport and Communications or, if there is not a Standing Senate Committee on Transport and Communications, the appropriate committee of the Senate may review any regulations made under this Act, either on its own initiative or on receiving a written complaint regarding a specific safety concern. The committee may hold public hearings and may table its report on its review in the Senate. 1992, c. 34, s. 30; 2009, c. 9, s. 29; 2014, c. 20, s. 232. Certificates and Directions Equivalency certificate 31 (1) The Minister may issue an equivalency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the manner in which the authorized activity will be carried on provides a level of safety at least equivalent to that provided by compliance with this Act. Emergency certificate (2) The Minister may issue an emergency certificate authorizing any activity to be carried on in a manner that does not comply with this Act if the Minister is satisfied that the authorized activity is necessary to deal with an emergency in which there is danger to public safety. Temporary certificate (2.1) The Minister may, in the public interest, issue a temporary certificate authorizing any activity to be carried on in a manner that does not comply with this Act. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Certificates and Directions Sections 31-32 Immunity (2.2) No action lies against Her Majesty in right of Canada, the Minister, his or her Deputy or any person employed in the Department of Transport for anything done or omitted to be done in good faith under subsection (2.1). Exemption from Statutory Instruments Act (3) An equivalency, emergency or temporary certificate is not a statutory instrument for the purposes of the Statutory Instruments Act and the contents of an emergency certificate or a temporary certificate may be issued orally, but the emergency certificate or temporary certificate shall be issued in writing as soon as possible and the writing is conclusive proof of its content. Terms and conditions (4) An equivalency, emergency or temporary certificate may include terms and conditions governing the authorized activity and, if any of the terms or conditions is not complied with in the course of carrying on the activity, the Act and regulations apply to the activity as though the certificate did not exist. Scope of certificate (5) An equivalency, emergency or temporary certificate may specify the persons who may carry on the activity and the dangerous goods or means of containment that it may involve. Revocation of certificate (6) The Minister may revoke an equivalency, emergency or temporary certificate — including an emergency or temporary certificate the contents of which have been issued orally — if the Minister is no longer satisfied of the matter described in subsection (1), (2) or (2.1), respectively, or the regulations have been amended and have the same effect as the certificate. 1992, c. 34, s. 31; 1994, c. 26, s. 72(F); 2009, c. 9, s. 30. Protective directions 32 (1) The Minister may, if satisfied of the conditions described in subsection (2), direct a person engaged in importing, offering for transport, handling or transporting dangerous goods, or supplying or importing standardized means of containment, to cease that activity or to conduct other activities to reduce any danger to public safety. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Certificates and Directions Sections 32-33 Emergency (2) The Minister may not make the direction unless the Minister is satisfied that the direction is necessary to deal with an emergency that involves danger to public safety and that cannot be effectively dealt with under any other provision of this Act. Revocation of protective direction (3) The Minister may suspend or revoke the direction if the Minister is satisfied that it is no longer needed. 1992, c. 34, s. 32; 1994, c. 26, s. 73; 2009, c. 9, s. 30. Offences and Punishment Contraventions 33 (1) Every person is guilty of an offence who contravenes a provision of (a) this Act; (b) a direction issued under paragraph 7.1(a), subsection 9(2) or (3), section 17, paragraph 19(1)(a) or (b) or subsection 32(1); (c) the regulations; (d) a security measure; or (e) an interim order. Punishment (2) Every person who commits an offence under subsection (1) (a) is liable on indictment to imprisonment for a term not exceeding two years; or (b) is liable on summary conviction to a fine not exceeding $50,000 for a first offence, and not exceeding $100,000 for each subsequent offence. Exemption from Statutory Instruments Act (3) For greater certainty, a direction referred to in paragraph (1)(b) is not a statutory instrument for the purposes of the Statutory Instruments Act, but no person shall be convicted of an offence under paragraph (1)(b) unless the person was notified of the direction and, if any applicable regulations have been made under paragraph 27(1)(t), the notification was in accordance with the regulations. 1992, c. 34, s. 33; 2009, c. 9, s. 30. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Offences and Punishment Sections 34-35 Court order 34 (1) Where a person is convicted of an offence, the court may make an order having any or all of the following effects: (a) prohibiting the person for a period of not more than one year from engaging in any activity regulated under this Act; (b) requiring the person to provide compensation, whether monetary or otherwise, for any remedial action taken or damage suffered by another person arising out of the commission of the offence; (c) requiring the person to do anything that will assist in repairing any damage to the environment arising out of the commission of the offence; or (d) requiring the person to conduct programs of technical research and investigation into the development and improvement of safety marks, safety requirements and safety standards, or to pay an amount in accordance with the regulations to be used to conduct the research. Order additional to other punishment (2) The court may make the order in addition to any other punishment imposed on the person and shall have regard to the nature of the offence and the circumstances surrounding its commission. Monetary limit (3) The total value of what the person may be required to do under paragraphs (1)(b) to (d) in relation to a single offence must not exceed one million dollars. Breach of order (4) If the person contravenes or fails to comply with the order, the person is guilty of (a) an offence punishable on summary conviction and liable to a fine not exceeding fifty thousand dollars for a first offence, and not exceeding one hundred thousand dollars for each subsequent offence; or (b) an indictable offence and liable to imprisonment for a term not exceeding two years. 1992, c. 34, s. 34; 2009, c. 9, s. 31. Limitation period for summary conviction offences 35 Proceedings by way of summary conviction may be instituted at any time within, but not later than, five years after the day on which the subject matter of the proceedings arose. 1992, c. 34, s. 35; 2009, c. 9, s. 32. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Offences and Punishment Sections 36-41 Continuing offence 36 Where an offence is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Venue 37 A complaint or an information in respect of an offence may be heard, tried or determined by any competent court of criminal jurisdiction in a province if the accused is resident or carrying on business within the territorial jurisdiction of that court although the matter of the complaint or information did not arise in that territorial jurisdiction. Offences by employee, agent or mandatary 38 In any prosecution for an offence, it is sufficient proof of the offence to establish that it was committed by an employee, agent or mandatary of the accused, whether or not the employee, agent or mandatary is identified or has been prosecuted for the offence. 1992, c. 34, s. 38; 2009, c. 9, s. 33(E). Representative of organization 39 If an organization commits an offence, a representative who plays an important role in the establishment of the organization’s policies or is responsible for managing an important aspect of the organization’s activities — and, in the case of a corporation, an officer, director, agent or mandatary — who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the organization has been prosecuted for the offence. 1992, c. 34, s. 39; 2009, c. 9, s. 34. Defence 40 No person shall be found guilty of an offence if it is established that the person took all reasonable measures to comply with this Act or to prevent the commission of the offence. Evidence Certificate or report of inspector 41 (1) In any prosecution for an offence, a certificate, report or other document, appearing to have been signed by the Minister or by an inspector, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, is proof of the matters asserted in it. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 Evidence Sections 41-47 Copies (2) In any prosecution for an offence, a copy made by an inspector under section 15 and appearing to have been certified under the inspector’s signature as a true copy is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and, in the absence of evidence to the contrary, has the same probative force as the original would have if it were proved in the ordinary way. Notice (3) No certificate, report or copy shall be received in evidence unless the party intending to produce it has, before the trial, served on the party against whom it is intended to be produced reasonable notice of that intention together with a duplicate of the certificate, report or copy. Prima facie proof 42 In any prosecution for an offence, evidence that a means of containment or transport bore a dangerous goods mark — or another mark that is likely to be mistaken for a dangerous goods mark — or was accompanied by a shipping record is, in the absence of evidence to the contrary, proof of the presence and identification of dangerous goods indicated by the dangerous goods mark or other mark or the shipping record. 1992, c. 34, s. 42; 2009, c. 9, s. 35. Consequential Amendments 43 to 45 [Amendments] Bill C-13 46 [Amendment] Repeal 47 [Repeal] Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 SCHEDULE SCHEDULE (Sections 2 and 27) Class 1 — Explosives, including explosives within the meaning of the Explosives Act Class 2 — Gases: compressed, deeply refrigerated, liquefied or dissolved under pressure Class 3 — Flammable and combustible liquids Class 4 — Flammable solids; substances liable to spontaneous combustion; substances that on contact with water emit flammable gases Class 5 — Oxidizing substances; organic peroxides Class 6 — Poisonous (toxic) and infectious substances Class 7 — Nuclear substances, within the meaning of the Nuclear Safety and Control Act, that are radioactive Class 8 — Corrosives Class 9 — Miscellaneous products, substances or organisms considered by the Governor in Council to be dangerous to life, health, property or the environment when handled, offered for transport or transported and prescribed to be included in this class 1992, c. 34, Sch.; 1997, c. 9, s. 123. Current to June 20, 2022 Last amended on August 28, 2019 Transportation of Dangerous Goods, 1992 AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2009, c. 9, s. 5 5 The Act is amended by adding the following after section 5.1: Transportation Security Clearances Prohibition 5.2 (1) No prescribed person shall import, offer for transport, handle or transport dangerous goods in a quantity or concentration that is specified by regulation — or that is within a range of quantities or concentrations that is specified by regulation — unless the person has a transportation security clearance granted under subsection (2). Granting, suspending, etc. (2) The Minister may, for the purposes of this Act, grant or refuse to grant a transportation security clearance to any person or suspend or revoke such a clearance. Current to June 20, 2022 Last amended on August 28, 2019

CONSOLIDATION Telefilm Canada Act R.S.C., 1985, c. C-16 Current to June 20, 2022 Last amended on April 1, 2005 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 2005. 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, 2005 TABLE OF PROVISIONS An Act establishing Telefilm Canada Short Title 1 Short title Interpretation 2 Definitions Constitution of Telefilm Canada 3 Corporation established Appointment and tenure of office of members Eligibility for membership Remuneration and expenses Quorum Right to act not impaired by vacancy Vice-chairperson Mandate and Powers 10 Mandate Organization 11 Meetings Executive director By-laws Advisory Group Staff and special advisers No application of Public Service Superannuation Act to members Corporation agent of Her Majesty Financial 18 Appropriation Advance Account for corporation Amounts to be charged to budgetary expenditures Repealed provisions continued in respect of Corporation Current to June 20, 2022 Last amended on April 1, 2005 ii Telefilm Canada TABLE OF PROVISIONS Audit 22 Annual audit Report to Parliament 23 Annual report Current to June 20, 2022 Last amended on April 1, 2005 iv R.S.C., 1985, c. C-16 An Act establishing Telefilm Canada Short Title Short title 1 This Act may be cited as the Telefilm Canada Act. R.S., 1985, c. C-16, s. 1; 2002, c. 17, s. 6. Interpretation Definitions 2 In this Act, Canadian feature film and Canadian feature film production [Repealed, 2005, c. 14, s. 1] Corporation means Telefilm Canada, established by section 3; (Société) film activity [Repealed, 2005, c. 14, s. 1] film-maker [Repealed, 2005, c. 14, s. 1] film production [Repealed, 2005, c. 14, s. 1] film technician [Repealed, 2005, c. 14, s. 1] Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act. (ministre) R.S., 1985, c. C-16, s. 2; 2002, c. 17, s. 7; 2005, c. 14, s. 1. Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Constitution of Telefilm Canada Sections 3-6 Constitution of Telefilm Canada Corporation established 3 There is hereby established a corporation, to be known as Telefilm Canada, consisting of six members to be appointed by the Governor in Council as provided in section 4 and the Government Film Commissioner appointed under the National Film Act. R.S., 1985, c. C-16, s. 3; 2002, c. 17, s. 8. Appointment and tenure of office of members 4 (1) Each of the members of the Corporation, other than the Government Film Commissioner, shall be appointed to hold office for a term of five years, except that, of those members first appointed, three shall be appointed for a term of three years and three shall be appointed for a term of five years. Chairperson (2) The Governor in Council shall designate one of the members of the Corporation to serve as chairperson of the Corporation during pleasure and the chairperson may receive a yearly honorarium to be determined by the Governor in Council. Eligibility for re-appointment (3) A retiring member of the Corporation is eligible for re-appointment. Filling vacancy (4) When a member of the Corporation ceases to be a member before the end of the term for which he was appointed, the Governor in Council shall appoint a person to be a member of the Corporation for the remainder of that term. R.S., 1985, c. C-16, s. 4; 1995, c. 29, s. 20(E). Eligibility for membership 5 No person who has, directly or indirectly and individually or as a shareholder, partner or otherwise, any pecuniary interest in the audio-visual industry is eligible to be appointed or to hold office as a member of the Corporation. R.S., 1985, c. C-16, s. 5; 2005, c. 14, s. 2. Remuneration and expenses 6 Each member of the Corporation, other than the Government Film Commissioner or other member of the federal public administration, shall be paid such remuneration for each day that member of the Corporation attends any meeting thereof as may be fixed by by-law of the Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Constitution of Telefilm Canada Sections 6-10 Corporation, and each member of the Corporation is entitled to be paid reasonable travel and living expenses incurred while absent from his ordinary place of residence in the course of his duties under this Act. R.S., 1985, c. C-16, s. 6; 2003, c. 22, s. 224(E). Quorum 7 A majority of the members of the Corporation constitutes a quorum for the transaction of the business of the Corporation. R.S., c. C-8, s. 7. Right to act not impaired by vacancy 8 A vacancy in the membership of the Corporation does not impair the right of the remaining members to act. R.S., c. C-8, s. 8. Vice-chairperson 9 The Corporation may designate one of its members to be vice-chairperson of the Corporation and the vicechairperson shall, in the event of the absence or incapacity of the chairperson of the Corporation or if the office of chairperson is vacant, act as chairperson. R.S., 1985, c. C-16, s. 9; 1995, c. 29, s. 20(E). Mandate and Powers Mandate 10 (1) The mandate of the Corporation is to foster and promote the development of the audio-visual industry in Canada and to act in connection with agreements entered into under subsection (8). General capacity (2) For the purpose of carrying out its mandate, the Corporation has the capacity, rights, powers and privileges of a natural person. Specific powers (3) Without limiting the generality of subsection (2), the Corporation may (a) invest in individual Canadian audio-visual productions in return for a share in the proceeds from those productions; (b) make loans to producers of individual Canadian audio-visual productions and charge interest on those loans; (c) make awards for outstanding accomplishments in Canadian audio-visual productions; Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Mandate and Powers Section 10 (d) make grants to audio-visual industry professionals resident in Canada to assist them in improving their craft; and (e) advise and assist Canadian audio-visual producers in the distribution of their works and in the administrative functions of audio-visual production. Borrowing (4) The Corporation shall not borrow money within the meaning of Part X of the Financial Administration Act otherwise than from the Crown. Loan guarantees (5) Despite subsection (4), the Corporation may, in accordance with terms and conditions approved by the Treasury Board and the Minister of Finance, guarantee loans for audio-visual productions and their distribution. Canadian content, ownership, etc. (6) For the purposes of this Act, a Canadian audio-visual production is an audio-visual production in respect of which the Corporation has determined (a) that the completed production will, in the judgment of the Corporation, have a significant Canadian creative, artistic and technical content, and that arrangements have been made to ensure that the copyright in the completed production will be owned by an individual resident in Canada, by a corporation incorporated under the laws of Canada or a province or by any combination of owners described in this paragraph; or (b) that provision has been made for the production under a co-production agreement entered into between Canada and another country. Corporation not a partner (7) The Corporation shall not be regarded as a partner in any production in which it may invest, and its liability shall be limited to the amount of its investment in the production. Contribution agreements (8) The Corporation may enter into agreements with the Department of Canadian Heritage for the provision of services or programs relating to the audio-visual or sound recording industries. Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Mandate and Powers Sections 10-14 Consultation and cooperation (9) The Corporation shall, to the greatest possible extent consistent with the performance of its duties under this Act, (a) carry out its mandate in the broader context of the policies of the Government of Canada with respect to culture; and (b) consult and cooperate with any departments, boards and agencies of the Government of Canada and the governments of the provinces that have a mandate related to the mandate of the Corporation. R.S., 1985, c. C-16, s. 10; 1994, c. 25, s. 1; 2005, c. 14, s. 4. Organization Meetings 11 The members of the Corporation shall meet at such times and places as they deem necessary but shall meet at least six times a year. R.S., c. C-8, s. 11. Executive director 12 (1) The Governor in Council may, on the recommendation of the Corporation, appoint an executive director of the Corporation, who shall hold office during pleasure and shall be paid such salary as is fixed by the Governor in Council. Functions of executive director (2) The executive director is the chief executive officer of the Corporation, has supervision over and direction of the work and staff of the Corporation and may attend the meetings of the Corporation. R.S., 1985, c. C-16, s. 12; 1995, c. 29, s. 19. By-laws 13 The Corporation may, subject to the approval of the Minister, make by-laws for the regulation of its proceedings and generally for the conduct and management of its activities. R.S., c. C-8, s. 13. Advisory Group 14 The Minister may, on the recommendation of the Corporation, appoint an Advisory Group, broadly representative of the professional associations, exhibitors, distributors and unions in the Canadian film industry and including other qualified persons, to advise the Corporation on matters that the Minister or the Corporation may refer to it. R.S., c. C-8, s. 14. Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Organization Sections 14-18 Staff and special advisers 15 The Corporation may employ such officers and employees and such technical and professional advisers as it considers necessary for the proper conduct of its activities, at such remuneration and on such other terms and conditions as it deems fit. R.S., c. C-8, s. 15. No application of Public Service Superannuation Act to members 16 The Public Service Superannuation Act does not apply to the members of the Corporation as such. R.S., c. C-8, s. 16. Corporation agent of Her Majesty 17 (1) The Corporation is for all its purposes an agent of Her Majesty and it may exercise its powers only as an agent of Her Majesty. Contracts (2) The Corporation may, on behalf of Her Majesty, enter into contracts in the name of Her Majesty or in the name of the Corporation. Property (3) Property acquired by the Corporation is the property of Her Majesty and title thereto may be vested in the name of Her Majesty or in the name of the Corporation. Proceedings (4) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Corporation on behalf of Her Majesty, whether in its name or in the name of Her Majesty, may be brought or taken by or against the Corporation in the name of the Corporation in any court that would have jurisdiction if the Corporation were not an agent of Her Majesty. R.S., c. C-8, s. 17. Financial Appropriation 18 There is hereby appropriated for the purposes of this Act the sum of twenty-five million dollars to be paid out of the Consolidated Revenue Fund from time to time as required pursuant to this Act. R.S., c. C-8, s. 18; 1970-71-72, c. 58, Sch. (SS) vote 63a; 1974-75-76, c. 74, Sch. (SS) vote 62a. Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Financial Sections 19-21 Advance Account for corporation 19 (1) There shall be established in the accounts of Canada a special account to be known as the Telefilm Canada Advance Account. Amounts to be charged to Account (2) All amounts required for the purposes of paragraphs 10(3)(a) and (b) and subsection 10(5) shall be paid (a) out of the amount appropriated by section 18, or (b) out of amounts credited to the Telefilm Canada Advance Account under subsection (3), and shall be charged to that Account. Amounts to be credited to Account (3) The Corporation shall pay to the Receiver General, to be deposited in the Consolidated Revenue Fund and credited to the Telefilm Canada Advance Account, all amounts received by the Corporation as or on account of (a) proceeds from any production in which the Corporation has invested under paragraph 10(3)(a); (b) the principal amount of or interest on any loan made by the Corporation under paragraph 10(3)(b); or (c) fees charged by the Corporation in respect of loan guarantees provided under subsection 10(5). R.S., 1985, c. C-16, s. 19; 1994, c. 25, s. 2; 2002, c. 17, s. 9; 2005, c. 14, s. 5. Amounts to be charged to budgetary expenditures 20 All amounts required (a) for the purposes of paragraphs 10(3)(c) to (e), and (b) for the payment of salaries and other expenses, including expenses of administration, under this Act, shall be paid out of the amount appropriated by section 18 and shall be charged to budgetary expenditures. R.S., 1985, c. C-16, s. 20; 2005, c. 14, s. 6. Repealed provisions continued in respect of Corporation 21 (1) Part VIII of the Financial Administration Act, chapter F-10 of the Revised Statutes of Canada, 1970, as it read immediately before September 1, 1984, continues to apply in respect of the Corporation as if it had not been repealed and as if the Corporation continued to be named in Schedule C to that Act. Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada Financial Sections 21-23 Financial Administration Act (2) Sections 90 to 93, subsection 94(2) and sections 95, 99, 100 and 102 of the Financial Administration Act apply, with any necessary modifications, to the Corporation. R.S., 1985, c. C-16, s. 21; 2005, c. 14, s. 7. Audit Annual audit 22 The accounts and financial transactions of the Corporation shall be audited annually by the Auditor General of Canada, and a report of the audit shall be made to the Corporation and to the Minister. R.S., c. C-8, s. 19; 1976-77, c. 34, s. 30(F). Report to Parliament Annual report 23 (1) The chairperson of the Corporation shall, within three months after the termination of each fiscal year, submit to the Minister a report in such form as the Minister may prescribe relating to the activities of the Corporation for that fiscal year, including the financial statement of the Corporation and the report of the Auditor General of Canada thereon. Tabling report (2) The Minister shall cause the report submitted under subsection (1) to be laid before Parliament within fifteen days after the receipt thereof by the Minister or, if Parliament is not then sitting, on any of the first fifteen days next thereafter that either House of Parliament is sitting. R.S., 1985, c. C-16, s. 23; 1995, c. 29, s. 20(E). Current to June 20, 2022 Last amended on April 1, 2005 Telefilm Canada RELATED PROVISIONS RELATED PROVISIONS — 2002, c. 17, s. 10 Powers, duties and functions 10 Wherever, under any Act of Parliament, any instrument made under an Act of Parliament or any contract, lease, licence or other document, a power, duty or function is vested in or exercisable by the Canadian Film Development Corporation, that power, duty or function is vested in or exercisable by Telefilm Canada. — 2002, c. 17, s. 11 References 11 Every reference to the Canadian Film Development Corporation in any deed, contract or other document executed by the Canadian Film Development Corporation in its own name shall, unless the context otherwise requires, be read as a reference to Telefilm Canada. — 2002, c. 17, s. 12 Rights and obligations transferred 12 All rights and property of the Canadian Film Development Corporation, rights and property held in its name or held in trust for it and all its obligations and liabilities are deemed to be rights, property, obligations and liabilities of Telefilm Canada. — 2002, c. 17, s. 13 Continuation of legal proceedings 13 Any legal proceeding to which the Canadian Film Development Corporation is party pending in any court immediately before the day on which this section comes into force may be continued by or against Telefilm Canada in the same manner and to the same extent as it could have been continued by or against the Canadian Film Development Corporation. — 2005, c. 14, s. 9 Validation 9 Everything done by Telefilm Canada before the coming into force of this Act is valid to the same extent as it would have been were it done after that coming into force. Current to June 20, 2022 Last amended on April 1, 2005

CONSOLIDATION Thunder Bay Grain Handling Operations Act S.C. 1991, c. 31 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act to provide for the resumption and continuance of grain handling operations at Thunder Bay, Ontario Short Title 1 Short title Interpretation 2 Words and expressions Interpretation 3 Definitions Grain Handling Operations *4 Resumption of grain handling operations *5 Obligations of employers Extension of collective agreement Strikes and lockouts prohibited Mediator-Arbitrator *8 Appointment of mediator-arbitrator Incorporation in collective agreement Amendment of Collective Agreement 10 Parties may amend collective agreement Enforcement 11 Offence by individuals Presumption Construction Coming into Force *14 Coming into force SCHEDULE Current to June 20, 2022 ii S.C. 1991, c. 31 An Act to provide for the resumption and continuance of grain handling operations at Thunder Bay, Ontario [Assented to 11th October 1991] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Thunder Bay Grain Handling Operations Act. Interpretation Words and expressions 2 Unless otherwise provided, words and expressions used in this Act have the same meaning as in Part I of the Canada Labour Code. Interpretation Definitions 3 In this Act, collective agreement means the collective agreement entered into between an employer and the union that expired on January 31, 1991; (convention collective) employee means a person who is employed by an employer and is bound by the collective agreement; (employé) employer means any employer named in the schedule; (employeur) Current to June 20, 2022 Thunder Bay Grain Handling Operations Interpretation Sections 3-5 mediator-arbitrator means the mediator-arbitrator appointed pursuant to subsection 8(1); (médiateur-arbitre) union means the Transportation — Communications International Union and its Lodge 650. (syndicat) Grain Handling Operations Resumption of grain handling operations * 4 On the coming into force of this Act, (a) each employer shall forthwith resume grain handling operations at Thunder Bay, Ontario; and (b) each employee shall, when so required, forthwith resume the duties of that employee’s employment. [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] * Obligations of employers 5 (1) No employer or officer or representative of an employer shall * (a) in any manner impede any employee from complying with paragraph 4(b); or (b) discharge or in any other manner discipline, or authorize or direct the discharge or discipline of, any employee by reason of that employee’s having been on strike before the coming into force of this Act. [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] * Obligations of union (2) The union and each officer and representative of the union shall * (a) forthwith on the coming into force of this Act, give notice to the employees that, by reason of that coming into force, grain handling operations are forthwith to be resumed at Thunder Bay, Ontario and the employees, when so required, are forthwith to resume the duties of their employment; (b) take all reasonable steps to ensure that employees comply with paragraph 4(b); and Current to June 20, 2022 Thunder Bay Grain Handling Operations Grain Handling Operations Sections 5-8 (c) refrain from any conduct that may encourage employees not to comply with paragraph 4(b). [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] * Extension of collective agreement 6 (1) The term of the collective agreement is extended to include the period beginning on February 1, 1991 and ending on a date to be fixed by the mediator-arbitrator, which date shall not be earlier than January 31, 1993 or later than January 31, 1994. Collective agreement binding for extended term (2) The collective agreement, as amended by or pursuant to this Act, is effective and binding on the parties thereto for the period for which the agreement is extended by subsection (1) notwithstanding anything in Part I of the Canada Labour Code or in the agreement, and Part I of that Act applies in respect of the agreement, as so amended, as if that period were the term of the agreement. Strikes and lockouts prohibited 7 During the term of the collective agreement, as extended by subsection 6(1), (a) no employer shall declare or cause a lockout against the union; (b) no officer or representative of the union shall declare or authorize a strike against an employer; and (c) no employee shall participate in a strike against an employer. Mediator-Arbitrator Appointment of mediator-arbitrator 8 (1) The Minister shall, after the coming into force of this Act, appoint a mediator-arbitrator and refer to the mediator-arbitrator all matters relating to the amendment or revision of the collective agreement that, at the time of the appointment, remain in dispute between the union and the employer. * [Note: Act in force on the day immediately after the day on which this Act is assented to (assent date being October 11, 1991), but not before the twelfth hour after the time at which this Act is assented to, see section 14.] * Current to June 20, 2022 Thunder Bay Grain Handling Operations Mediator-Arbitrator Sections 8-9 Duties (2) The mediator-arbitrator shall, within ninety days after the mediator-arbitrator’s appointment or such longer period as the Minister may allow, (a) endeavour to mediate all the matters referred to in subsection (1) and to bring about agreement between the union and the employer on those matters; (b) if the mediator-arbitrator is unable to bring about agreement in respect of any such matter, hear the union and the employer on the matter, arbitrate the matter and render a decision in respect thereof; and (c) report to the Minister on the resolution of all such matters. Powers (3) The mediator-arbitrator has, with such modifications as the circumstances require, (a) for the purposes of the mediation referred to in paragraph (2)(a), all the powers of a conciliation commissioner under section 84 of the Canada Labour Code; and (b) for the purposes of the arbitration referred to in paragraph (2)(b), all the powers and duties of an arbitrator under sections 60 and 61 of that Act. Form of decision (4) The decision of the mediator-arbitrator in respect of any matter arbitrated by the mediator-arbitrator shall be set out in such form as will enable the decision to be incorporated into the collective agreement in accordance with section 9. Incorporation in collective agreement 9 When the mediator-arbitrator reports to the Minister pursuant to subsection 8(2), the collective agreement shall be deemed to be amended by the incorporation therein of any amendments agreed to by the union and the employer pursuant to the mediation and any decision of the mediator-arbitrator in respect of a matter arbitrated by the mediator-arbitrator, and the agreement, as so amended, constitutes a new collective agreement that shall be deemed to have effect on and after February 1, 1991. Current to June 20, 2022 Thunder Bay Grain Handling Operations Amendment of Collective Agreement Sections 10-13 Amendment of Collective Agreement Parties may amend collective agreement 10 Nothing in this Act shall be construed so as to limit or restrict the rights of the parties to the collective agreement to agree to amend any provision of the agreement as amended by or pursuant to this Act, other than a provision relating to the term of the agreement, and to give effect thereto. Enforcement Offence by individuals 11 (1) An individual who contravenes any provision of this Act is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine (a) of not more than $50,000, where the individual was acting in the capacity of an officer or representative of an employer or the union when the offence was committed; or (b) of not more than $1,000, in any other case. Offence by employer or union (2) Where an employer or the union contravenes any provision of this Act, it is guilty of an offence punishable on summary conviction and is liable, for each day or part of a day during which the offence continues, to a fine of not more than $100,000. Presumption 12 For the purposes of enforcement proceedings under this Act, the employer and the union are deemed to be persons. Construction 13 For greater certainty, nothing in this Act shall be construed so as to restrict a person from raising a defence of due diligence in a prosecution for an offence under this Act. Current to June 20, 2022 Thunder Bay Grain Handling Operations Coming into Force Section 14 Coming into Force Coming into force 14 This Act shall come into force on the day immediately after the day on which this Act is assented to, but not before the twelfth hour after the time at which it is assented to. * * [Note: Act assented to October 11, 1991.] Current to June 20, 2022 Thunder Bay Grain Handling Operations SCHEDULE SCHEDULE (Section 3) Cargill Limited Manitoba Pool Elevators Parrish & Heimbecker Limited Richardson Terminals Limited Saskatchewan Wheat Pool United Grain Growers Limited Current to June 20, 2022

CONSOLIDATION Trust and Loan Companies Act S.C. 1991, c. 45 Current to June 20, 2022 Last amended on January 1, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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, 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 January 1, 2022 TABLE OF PROVISIONS An Act to revise and amend the law governing federal trust and loan companies and to provide for related and consequential matters Short Title 1 Short title PART I Interpretation and Application Definitions 2 Definitions Interpretation 2.1 Major shareholder 2.2 Widely held 2.3 Regulations — distributing company Control Holding body corporate Subsidiary Affiliated entities Shareholder Significant interest Acting in concert Substantial investment in body corporate 11.1 WTO Member resident Application 12 Application of Act Conflicting provisions PART II Status and Powers 14 Corporate powers No invalidity By-law not necessary No personal liability No constructive notice Authority of directors and officers Current to June 20, 2022 Last amended on January 1, 2022 ii Trust and Loan Companies TABLE OF PROVISIONS Sunset provision PART III Incorporation, Continuance and Discontinuance Formalities of Incorporation 21 Incorporation of company Restrictions on incorporation Subsidiary of foreign institution Application for incorporation Objections to incorporation Matters for consideration Contents of letters patent Notice of issue of letters patent First directors Effect of letters patent Continuance 31 Federal corporations Application for continuance Power to issue letters patent Effect of letters patent Copy of letters patent Effects of continuance Transitional Discontinuance 38 Transferring to other federal Acts Act ceases to apply Corporate Name 41 Prohibited names Trust company Affiliated company French or English form of name Reserved name Directing change of name Restriction re trust company name Subsidiaries 48.1 Definition of reserved name Current to June 20, 2022 Last amended on January 1, 2022 iv Trust and Loan Companies TABLE OF PROVISIONS PART IV Organization and Commencement Organization Meetings 49 First directors’ meeting Calling shareholders’ meeting Term of first directors Commencement and Carrying on of Business 52 Order to commence and carry on business Authority to make order No payments before order Deposits and investments before order Conditions for order Authorization in order Variations Public notice Cessation of existence Allowed disbursements PART V Capital Structure Share Capital 62 Power to issue shares Common shares Classes of shares Shares issued in series One share, one vote Shares non-assessable Consideration for share Stated capital account Stated capital of continued company Pre-emptive right Conversion privileges Holding of own shares Purchase and redemption of shares Holding as personal representative 75.1 Exception — conditions before acquisition Cancellation of shares Subsidiary holding shares Current to June 20, 2022 Last amended on January 1, 2022 v Trust and Loan Companies TABLE OF PROVISIONS Reduction of capital Recovery by action Adjustment of stated capital account Addition to stated capital account Declaration of dividend Subordinated Indebtedness 83 Restriction on subordinated indebtedness Security Certificates and Transfers 84 Definitions Provisions governing transfers of securities Security a negotiable instrument Status of guarantor Rights of holder Signatures Contents of share certificate Restrictions and charges Particulars of class Fractional share Scrip certificates Holders of fractional shares Dealings with registered owner Minors Joint shareholders Transmission of securities Over-issue Burden of proof Securities fungible Notice of defect Unauthorized signature Completion or alteration Warranties of agents Title of purchaser Deemed notice of adverse claim Notice of fiduciary duty Staleness as notice Warranties to issuer Right to compel endorsement Definition of appropriate person Current to June 20, 2022 Last amended on January 1, 2022 v Trust and Loan Companies TABLE OF PROVISIONS Endorsement Immunity of endorser Partial endorsement Effect of failure by fiduciary to comply Effect of endorsement without delivery Endorsement in bearer form Effect of unauthorized endorsement Warranties of guarantor of signature Constructive delivery of a security Constructive ownership of security Delivery of security Right to reclaim possession Right to requisites for registration Seizure of security No conversion if good faith delivery Duty to register transfer Assurance of endorsements Notice from additional documentation Limited duty of inquiry Inquiry into adverse claims Duration of notice of adverse claim Limitation on issuer’s liability Lost or stolen security Authenticating agent’s duty Notice to agent PART VI Corporate Governance Shareholders 139 Place of meetings Calling meetings Notice of meeting Notice not required Notice of adjourned meeting Special business Waiver of notice Proposals Notice of refusal Current to June 20, 2022 Last amended on January 1, 2022 vi Trust and Loan Companies TABLE OF PROVISIONS List of shareholders entitled to notice Quorum One shareholder meeting One share — one vote Representative shareholder Joint shareholders Voting by hands or ballot Resolution in lieu of meeting Requisitioned meeting Court may order meeting to be called Court review of election Notice to Superintendent Pooling agreement Proxies 160.01 Definitions 160.02 Appointing proxyholder 160.03 Deposit of proxies 160.04 Mandatory solicitation 160.05 Soliciting proxies 160.06 Attendance at meeting 160.07 Duty of intermediary 160.071 Exemption 160.08 Restraining order Directors and Officers Duties 161 Duty to manage Duty of care Qualification and Number — Directors 163 Minimum number of directors Disqualified persons No shareholder requirement Affiliated person 166.1 Affiliated director determination Unaffiliated directors Limit on directors Election and Tenure — Directors 169 Number of directors 169.1 Election or appointment as director Current to June 20, 2022 Last amended on January 1, 2022 vi Trust and Loan Companies TABLE OF PROVISIONS Term of directors Determining election of directors Cumulative voting Re-election of directors Incomplete Elections and Director Vacancies 174 Void election or appointment Directors where elections incomplete or void Ceasing to hold office Removal of director Statement of director Circulation of statement Shareholders filling vacancy Directors filling vacancy Class vacancy Unexpired term 183.1 Additional directors Meetings of the Board 184 Meetings required Notice of meeting Quorum Resident Canadian majority 187.1 Presence of unaffiliated director Electronic meeting 188.1 Resolution outside board meeting Dissent of director Record of attendance Meeting required by Superintendent By-laws 192 By-laws Shareholder proposal of by-law By-laws of former-Act company By-laws re remuneration Deemed by-laws Committees of the Board 197 Committees Audit committee Conduct review committee Current to June 20, 2022 Last amended on January 1, 2022 ix Trust and Loan Companies TABLE OF PROVISIONS Directors and Officers — Authority 200 Chief executive officer Appointment of officers Limits on power to delegate Exercise of trustee powers Remuneration of directors, officers and employees Validity of acts Right to attend meetings Conflicts of Interest 207 Disclosure of interest Director to abstain General notice Avoidance standards Court may set aside or require accounting Liability, Exculpation and Indemnification 212 Director liability Contribution Limitation Directors liable for wages Defence — due diligence Indemnification Directors’ and officers’ insurance Application to court for indemnification Fundamental Changes Amendments 220 Incorporating instrument Letters patent to amend By-laws Class vote Separate resolutions Revoking resolution Proposal to amend Rights preserved Amalgamation 228 Application to amalgamate Amalgamation agreement Approval of agreement by Superintendent Shareholder approval Vertical short-form amalgamation Current to June 20, 2022 Last amended on January 1, 2022 x Trust and Loan Companies TABLE OF PROVISIONS Joint application to Minister Issue of letters patent 234.1 Court enforcement Effect of letters patent Transitional Transfer of Business 237 Sale by company Agreement to Superintendent Shareholder approval Abandoning sale Application to Minister Corporate Records Head Office and Corporate Records 242 Head office Company records Place of records Shareholder lists Option holders Use of shareholder list Form of records Protection of records Requirement to maintain copies and process information in Canada Retention of records Regulations Securities Registers 253 Central securities register Branch registers Agents Location of central securities register Effect of registration Particulars in branch register Destruction of certificates Corporate Name and Seal 260 Publication of name Corporate seal Insiders 270 Definitions Current to June 20, 2022 Last amended on January 1, 2022 x Trust and Loan Companies TABLE OF PROVISIONS Insider Reporting 271 Insider report Exemption by Superintendent Regulations Insider Trading 275 Meaning of insider Civil Remedies 276 Extended meaning of insider 276.1 Tipping — compensation to sellers and purchasers Measure of damages Prospectus 278 Distribution Order of exemption Going-private Transactions and Squeeze-out Transactions 280 Going-private transactions Squeeze-out transactions Right to dissent Compulsory Acquisitions 288 Definitions Right to acquire shares Offeror’s notice to dissenters Share certificates and election 291.1 Deemed election Payment to offeree company 292.1 Fiduciary capacity of company Duty of offeree company Court may fix fair value Parties and notice Powers of court Status of dissenter Payment of unclaimed money 298.1 Obligation to acquire shares Trust Indentures 299 Definitions Application Exemption Conflict of interest Validity despite conflict Current to June 20, 2022 Last amended on January 1, 2022 xi Trust and Loan Companies TABLE OF PROVISIONS Removal of trustee Trustee qualifications List of security holders Compliance with trust indentures Trustee may require evidence Notice of default Duty of care No exculpation Financial Statements and Auditors Annual Financial Statement 312 Financial year Annual financial statement Annual statement — approval Statements: subsidiaries Annual statement — distribution Copy to Superintendent Auditor 318 Definitions Appointment of auditor Qualification of auditor Duty to resign Revocation of appointment Ceasing to hold office Filling vacancy Right to attend meetings Statement of auditor Duty of replacement auditor Auditor’s examination Right to information Auditor’s report and extended examination Auditor’s report Report on directors’ statement Report to officers Auditor of subsidiaries Auditor’s attendance Calling meeting Notice of errors Qualified privilege for statements Current to June 20, 2022 Last amended on January 1, 2022 xi Trust and Loan Companies TABLE OF PROVISIONS Remedial Actions 339 Derivative action Powers of court Status of shareholder approval No security for costs Application to rectify records Liquidation and Dissolution 344 Definition of “court” Application of subsection (2) and sections 346 to 373 Returns to Superintendent Simple Liquidation 347 No property and no liabilities Proposing liquidation Shareholders’ resolution Approval of Minister required Dissolution instrument Court-supervised Liquidation 352 Application for court supervision Court supervision thereafter Powers of court Cessation of business and powers Appointment of liquidator Vacancy in liquidator’s office Duties of liquidator Due diligence Examination of others Costs of liquidation Final accounts Final order Right to distribution of money Dissolution by letters patent General 366 Definition of shareholder and incorporator Continuation of actions Limitations on liability Where creditor cannot be found Vesting in Crown Unclaimed money on winding-up Liability of Bank of Canada Current to June 20, 2022 Last amended on January 1, 2022 xi Trust and Loan Companies TABLE OF PROVISIONS Custody of records after dissolution Insolvency PART VII Ownership DIVISION I Interpretation 374.1 Definitions 374.2 Associates DIVISION II Constraints on Ownership 375 Constraining acquisition 375.1 No acquisition of control without approval Constraining registration 376.1 Exception — small holdings Where approval not required Where approval not required Public holding requirement Limit on assets Increase of capital Exemption by Minister 382.1 Continuation of exemption Exception Acquisition of control permitted Application of section 379 Restriction on voting rights Approval Process 387 Application for approval Matters for consideration Terms and conditions Certifying receipt of application Notice of decision to applicant Reasonable opportunity to make representations Notice of decision Deemed approval Constraining registration: Crown and foreign governments Current to June 20, 2022 Last amended on January 1, 2022 xv Trust and Loan Companies TABLE OF PROVISIONS DIVISION III Directions 401 Disposition of shareholdings Application to court General Provisions 403 Interest of securities underwriter Arrangements to effect compliance Reliance on information Exemption regulations Competition Act PART VIII Business and Powers General Business 409 Main business Additional activities Networking Restriction on fiduciary activities Restriction on deposit taking 413.1 Notice before opening account or providing prescribed product 413.2 Deposits less than $150,000 413.3 Shared premises Restriction on guarantees Restriction on securities activities 415.1 Prohibition Restriction on insurance business Restriction on leasing Restriction on residential mortgages 418.1 Restriction on charges to borrowers Policies re security interests 419.1 Regulations and guidelines 419.2 Exception Restriction on receivers Restriction on partnerships Fiduciary Activities 422 Separate and distinct Current to June 20, 2022 Last amended on January 1, 2022 xv Trust and Loan Companies TABLE OF PROVISIONS Deposit Acceptance 423 Deposit acceptance Unclaimed Balances 424 Unclaimed balances Notice of unpaid amount Accounts 425.1 Definitions Account charges Disclosure on opening account Disclosure in advertisements Disclosure regulations Disclosure required on opening a deposit account Disclosure of charges No increase or new charges without disclosure Application Registered Products 434.1 Disclosure required concerning registered products Borrowing Costs 435 Definition of cost of borrowing 435.1 Rebate of borrowing costs Disclosing borrowing costs Calculating borrowing costs Additional disclosure 438.1 Renewal statement Disclosure in advertising Regulations re borrowing costs Complaints 441 Procedures for dealing with complaints 441.1 Obligation to be member of complaints body Information on contacting Agency Miscellaneous 442.1 Charges for prescribed products or services Prepayment protected 443.1 Regulations respecting the holding of funds 443.2 Regulations — activities Regulations re customer information 444.1 Notice of branch closure 444.2 Public accountability statements 444.3 Regulations re disclosure Current to June 20, 2022 Last amended on January 1, 2022 xv Trust and Loan Companies TABLE OF PROVISIONS Bank Act security Transmission in case of death Branch of account with respect to deposits Effect of writ, etc. PART IX Investments Definitions and Application 449 Definitions General Constraints on Investments 450 Investment standards 450.1 Limit — business growth fund Restriction on control and substantial investments Regulations Subsidiaries and Equity Investments 453 Permitted investments Approval for indirect investments Undertakings Exceptions and Exclusions 456 Temporary investments in entity Loan workouts Realizations Regulations restricting ownership Portfolio Limits 460 Exclusion from portfolio limits Commercial Loans 461 Lending limit: companies with regulatory capital of $25 million or less Lending limit: regulatory capital over $25 million Meaning of total assets Real Property 464 Limit on total property interest Equities 465 Limits on equity acquisitions Aggregate Limit 466 Aggregate limit Miscellaneous 467 Regulations Current to June 20, 2022 Last amended on January 1, 2022 xv Trust and Loan Companies TABLE OF PROVISIONS Divestment order Deemed temporary investment Asset transactions Transitional Saving PART X Adequacy of Capital and Liquidity 473 Adequacy of capital and liquidity PART XI Self-dealing Interpretation and Application 473.1 Definition of senior officer Related party of company Non-application of Part Meaning of “transaction” Prohibited Related Party Transactions 477 Prohibited transactions Permitted Related Party Transactions 478 Nominal value transactions Secured loans Deposits Borrowing, etc., from related party Acquisition of assets Services 483.1 Transactions with holding companies 483.2 Restriction 483.3 Assets transactions Directors and officers and their interests Board approval required Margin loans Exemption by order Prescribed transactions Restrictions on Permitted Transactions 489 Market terms and conditions Disclosure 492 Company obligation Current to June 20, 2022 Last amended on January 1, 2022 xi Trust and Loan Companies TABLE OF PROVISIONS Notice to Superintendent Remedial Actions 494 Order to void contract or to grant other remedy PART XII Regulation of Companies — Superintendent Supervision Returns 495 Required information Names of directors and auditors Copy of by-laws Register of companies Production of information and documents Confidential information 503.1 Regulations Evidentiary privilege 504.01 No waiver 504.1 Disclosure by Superintendent 504.2 Disclosure by a company 504.3 Exceptions to disclosure 504.4 Report respecting disclosure Inspection of Companies 505 Examination of companies Power of Superintendent on inquiry Remedial Powers Prudential Agreements 506.1 Prudential agreement Directions of Compliance 507 Superintendent’s directions to company Court enforcement Disqualification and Removal of Directors or Senior Officers 509.01 Meaning of senior officer 509.1 Application 509.2 Removal of directors or senior officers Supervisory Intervention 510 Superintendent may take control Powers of directors and officers suspended Current to June 20, 2022 Last amended on January 1, 2022 xx Trust and Loan Companies TABLE OF PROVISIONS Expiration of control 515.1 Superintendent may request winding-up Requirement to relinquish control Advisory committee Expenses payable by company Priority of claim in liquidation Application of assessment PART XII.1 Regulation of Companies — Commissioner 520.1 Required information 520.2 Confidential information 520.3 Examination 520.4 Power of Commissioner on inquiry 520.5 Compliance agreement PART XIII Administration Notices and Other Documents 520.6 Execution of documents Notice to directors and shareholders Presumption from return Presumption of receipt Service on a company Certificate of company Entry in securities register Verification of documents or fact 527.1 Alternative means of publication Approvals 527.2 Definition of approval 527.3 Matters to take into account — Minister 527.4 Minister — terms, conditions and undertakings 527.5 Revocation, suspension or amendment of approval — Minister 527.6 Effect of non-compliance on approval 527.7 Multiple approval — other approvals 527.8 Exemption in relation to notices of intention Current to June 20, 2022 Last amended on January 1, 2022 xx Trust and Loan Companies TABLE OF PROVISIONS Exceptions to Generally Accepted Accounting Principles 527.81 Calculations — generally accepted accounting principles Orders to Exempt or Adapt 527.9 Order Orders and Directives 528 Not statutory instruments Form Applications to Superintendent 529.1 Content of applications Applications for Certain Approvals 529.2 Application for certain approvals Appeals 530 Appeal to Federal Court Regulations 531 Power to make regulations Delegation 532 Delegation PART XIV Sanctions 533 Offence Punishment Liability of officers, directors, etc. 535.1 Limitation period Effect of offence on contracts Restraining or compliance order Appeal of final order Recovery and application of fines PART XIV.1 Documents in Electronic or Other Form 539.01 Definitions 539.02 Application 539.03 Use not mandatory 539.04 Consent and other requirements 539.05 Creation or provision of information 539.06 Creation of information in writing Current to June 20, 2022 Last amended on January 1, 2022 xx Trust and Loan Companies TABLE OF PROVISIONS 539.07 Provision of information in writing 539.08 Multiple copies 539.09 Registered mail 539.1 Statutory declarations and affidavits 539.11 Signatures 539.12 Regulations — provision and receipt of documents 539.13 Content and form of notices and documents 539.14 Exemption PART XV General Transitional Consequential Amendments Repeals Coming into Force *563 Coming into force Current to June 20, 2022 Last amended on January 1, 2022 xx S.C. 1991, c. 45 [Assented to 13th December 1991] Short Title Short title 1 This Act may be cited as the Trust and Loan Companies Act. PART I Interpretation and Application Definitions Definitions 2 In this Act, affairs, with respect to a company, means the relationships among the company and its affiliates and the shareholders, directors and officers of the company and its affiliates, but does not include the business of the company or any of its affiliates; (affaires internes) affiliate means an entity that is affiliated with another entity within the meaning of section 6; (groupe) Agency means the Financial Consumer Agency of Canada established under section 3 of the Financial Consumer Agency of Canada Act; (Agence) annual statement means the annual financial statement of a company within the meaning of paragraph 313(1)(a); (rapport annuel) assets, in respect of a company that is a trust company pursuant to subsection 57(2), includes assets held by the company in respect of guaranteed trust money; (actif) auditor includes a firm of accountants; (vérificateur) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 bank holding company means a body corporate that is incorporated or formed under Part XV of the Bank Act; (société de portefeuille bancaire) bearer, in relation to a security, means the person in possession of a security payable to bearer or endorsed in blank; (porteur) bearer form, in respect of a security, means a security in bearer form as determined in accordance with subsection 86(2); (titre au porteur) beneficial ownership includes ownership through one or more trustees, legal representatives, agents or other intermediaries; (véritable propriétaire et propriété effective) body corporate means an incorporated body wherever or however incorporated; (personne morale) branch, in respect of a company, means an agency, the head office and any other office of the company; (bureau) Canadian financial institution means a financial institution that is incorporated or formed by or under an Act of Parliament or of the legislature of a province; (institution financière canadienne) central securities register or securities register means the register referred to in section 253; (registre central des valeurs mobilières ou registre des valeurs mobilières) Commissioner means the Commissioner of the Financial Consumer Agency of Canada appointed under section 4 of the Financial Consumer Agency of Canada Act; (commissaire) common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait) company means a body corporate to which this Act applies; (société) complainant, in relation to a company or any matter concerning a company, means (a) a registered holder or beneficial owner, and a former registered holder or beneficial owner, of a security of a company or any of its affiliates, (b) a director or an officer, or a former director or officer, of a company or any of its affiliates, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 (c) any other person who, in the discretion of a court, is a proper person to make an application under section 339, 343 or 537; (plaignant) consumer provision means a provision referred to in paragraph (d) or (d.1) of the definition consumer provision in section 2 of the Financial Consumer Agency of Canada Act; (disposition visant les consommateurs) court means (a) in the Province of Ontario, the Superior Court of Justice, (b) in the Province of Quebec, the Superior Court of the Province, (c) in the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Supreme Court of the Province, (d) in the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Court of Queen’s Bench for the Province, (e) in the Province of Newfoundland and Labrador, the Trial Division of the Supreme Court of the Province, and (f) in Yukon and the Northwest Territories, the Supreme Court, and in Nunavut, the Nunavut Court of Justice; (tribunal) court of appeal means the court to which an appeal lies from a decision or order of a court; (cour d’appel) creditor, in respect of a company that is a trust company pursuant to subsection 57(2), includes a person who has money deposited with the company as guaranteed trust money; (créancier) debt obligation means a bond, debenture, note or other evidence of indebtedness of an entity, whether secured or unsecured; (titre de créance) deposit, in respect of money received by a company that is a trust company pursuant to subsection 57(2), means money received as guaranteed trust money; (dépôt) deposit liabilities, in respect of a company that is a trust company pursuant to subsection 57(2), means liabilities of the company in respect of guaranteed trust money; (dette) director means a natural person occupying the position of director, by whatever name called, of a body corporate, and board of directors or directors refers to the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 directors of a body corporate as a body; (administrateur, conseil d’administration ou conseil) entity means a body corporate, trust, partnership, fund, an unincorporated association or organization, Her Majesty in right of Canada or of a province, an agency of Her Majesty in either of such rights and the government of a foreign country or any political subdivision thereof and any agency thereof; (entité) equity, in respect of a company, means its equity as determined in accordance with the regulations; (capitaux propres) federal credit union has the same meaning as in section 2 of the Bank Act; (coopérative de crédit fédérale) federal financial institution means (a) a company, (b) a bank, (c) an association to which the Cooperative Credit Associations Act applies, or (d) an insurance company or a fraternal benefit society incorporated or formed under the Insurance Companies Act; (institution financière fédérale) fiduciary means any person acting in a fiduciary capacity and includes a personal representative of a deceased person; (représentant) financial institution means (a) a company, (b) a bank or an authorized foreign bank within the meaning of section 2 of the Bank Act, (c) an association to which the Cooperative Credit Associations Act applies, (d) an insurance company or a fraternal benefit society incorporated or formed under the Insurance Companies Act, (e) a trust, loan or insurance corporation incorporated by or under an Act of the legislature of a province, (f) a cooperative credit society incorporated and regulated by or under an Act of the legislature of a province, (g) an entity that is incorporated or formed by or under an Act of Parliament or of the legislature of a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 province and that is primarily engaged in dealing in securities, including portfolio management and investment counselling, and (h) a foreign institution; (institution financière) foreign institution means an entity that is (a) engaged in the business of banking, the trust, loan or insurance business, the business of a cooperative credit society or the business of dealing in securities or is otherwise engaged primarily in the business of providing financial services, and (b) incorporated or formed otherwise than by or under an Act of Parliament or of the legislature of a province; (institution étrangère) former Act means the Trust Companies Act or the Loan Companies Act; (loi antérieure) former-Act company means a body corporate referred to in paragraph 12(b) or (c); (société antérieure) form of proxy means a written or printed form that, when completed and executed by or on behalf of a shareholder, constitutes a proxy; (formulaire de procuration) going-private transaction means a going-private transaction as defined in the regulations; (transaction de fermeture) guarantee includes a letter of credit; (garantie) guaranteed trust money means money that is received in trust for investment by a company that is a trust company pursuant to subsection 57(2) and that is subject to a guarantee by the company in respect of the payment of interest or repayment of the principal or both; (fonds en fiducie garantie) head office means the office required to be maintained by a company pursuant to section 242; (siège) holder means (a) in respect of a security certificate, the person in possession of the certificate issued or endorsed to that person or to bearer or in blank, and (b) in respect of the ownership of a share, the shareholder of the share within the meaning of section 7; (détenteur) holding body corporate means a holding body corporate within the meaning of section 4; (société mère) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 incorporated, when used with reference to a body corporate that is incorporated by or under an Act of Parliament or of the legislature of a province, also refers to a body corporate that is continued by or under any such Act; (constitué en personne morale) incorporating instrument means the special Act, letters patent, instrument of continuance or other constating instrument by which a body corporate was incorporated or continued and includes any amendment to or restatement of the constating instrument; (acte constitutif) incorporator, in relation to a company, means a person who applied for letters patent to incorporate the company; (fondateur) insurance holding company means a body corporate that is incorporated or formed under Part XVII of the Insurance Companies Act; (société de portefeuille d’assurances) issuer, in respect of a security, means the entity that issues or issued the security; (émetteur) letters patent, in respect of an instrument authorized to be issued under this Act, means letters patent in a form approved by the Superintendent; (lettres patentes) Minister means the Minister of Finance; (ministre) minor has the same meaning as in the applicable provincial law and in the absence of any such law has the same meaning as the word “child” in the United Nations Convention on the Rights of the Child adopted in the United Nations General Assembly on November 20, 1989; (mineur) non-WTO Member foreign institution means a foreign institution that is not controlled by a WTO Member resident; (institution étrangère d’un non-membre de l’OMC) officer means (a) in relation to a body corporate, a chief executive officer, president, vice-president, secretary, controller, treasurer and any other natural person designated as an officer of the body corporate by by-law or by resolution of the directors of the body corporate, and (b) in relation to any other entity, any natural person designated as an officer of the entity by by-law, by resolution of the members thereof or otherwise; (dirigeant) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 order form, in respect of a security, means a security in order form as determined in accordance with subsection 86(3); (titre à ordre) ordinary resolution means a resolution passed by a majority of the votes cast by or on behalf of the shareholders who voted in respect of that resolution; (résolution ordinaire) person means a natural person, an entity or a personal representative; (personne) personal representative means a person who stands in place of and represents another person and, without limiting the generality of the foregoing, includes, as the circumstances require, a trustee, an executor, an administrator, a committee, a guardian, a tutor, a curator, an assignee, a receiver, an agent or an attorney of any person; (représentant personnel) prescribed means prescribed by regulation; (Version anglaise seulement) property, in respect of a company that is a trust company pursuant to subsection 57(2), includes property held by the company in respect of guaranteed trust money; (biens) proxy means a completed and executed form of proxy by means of which a shareholder appoints a proxyholder to attend and act on the shareholder’s behalf at a meeting of shareholders; (procuration) proxyholder means the person appointed by proxy to attend and act on behalf of a shareholder at a meeting of shareholders; (fondé de pouvoir) real property includes a leasehold interest in real property; (biens immeubles) recorded address means (a) in relation to a person who is a shareholder of a company, the latest postal address of the person according to the central securities register of the company, and (b) in relation to a person in any other respect, the latest postal address of the person according to the records of the branch concerned; (adresse enregistrée) registered form, in respect of a security, means a security in registered form as determined in accordance with subsection 86(4); (titre nominatif) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 regulated foreign entity means an entity that is (a) incorporated or formed otherwise in a country or territory, other than Canada, in which a trade agreement listed in Schedule IV of the Bank Act is applicable, and (b) subject to financial services regulation in that country or territory; (entité étrangère réglementée) regulatory capital, in respect of a company, has the meaning given that expression by the regulations; (capital réglementaire) resident Canadian means a natural person who is (a) a Canadian citizen ordinarily resident in Canada, (b) a Canadian citizen not ordinarily resident in Canada who is a member of a prescribed class of persons, or (c) a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and ordinarily resident in Canada, except a permanent resident who has been ordinarily resident in Canada for more than one year after the time at which the individual first became eligible to apply for Canadian citizenship; (résident canadien) residential property means real property consisting of buildings that are used, or are to be used, to the extent of at least one half of the floor space thereof, as one or more private dwellings; (immeuble résidentiel) securities underwriter means a person who, as principal, agrees to purchase securities with a view to the distribution of the securities or who, as agent for a body corporate or other person, offers for sale or sells securities in connection with a distribution of the securities, and includes a person who participates, directly or indirectly, in a distribution of securities, other than a person whose interest in the distribution of securities is limited to receiving a distributor’s or seller’s commission payable by a securities underwriter; (souscripteur à forfait) security means (a) in relation to a body corporate, a share of any class of shares of the body corporate or a debt obligation of the body corporate, and includes a warrant of the body corporate, but does not include a deposit with a financial institution or any instrument evidencing such a deposit, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Section 2 (b) in relation to any other entity, any ownership interest in or debt obligation of the entity; (titre ou valeur mobilière) security interest means an interest in or charge on property by way of mortgage, lien, pledge or otherwise taken by a creditor or guarantor to secure the payment or performance of an obligation; (sûreté) send includes deliver; (envoyer) series, in respect of shares, means a division of a class of shares; (série) significant interest means a significant interest determined in accordance with section 8; (intérêt substantiel) special resolution means a resolution passed by a majority of not less than two thirds of the votes cast by or on behalf of the shareholders who voted in respect of that resolution or signed by all the shareholders entitled to vote on that resolution; (résolution extraordinaire) squeeze-out transaction means a transaction by a company that is not a distributing company that requires an amendment to a by-law referred to in subsection 222(1) and that would directly or indirectly result in the interest of a holder of shares of a class of shares being terminated without their consent and without substituting an interest of equivalent value in shares issued by the company that have rights and privileges equal to or greater than those of the shares of the affected class; (transaction d’éviction) subordinated indebtedness means an instrument evidencing an indebtedness of a company that by its terms provides that the indebtedness will, in the event of the insolvency or winding-up of the company, be subordinate in right of payment to all deposit liabilities of the company and all other liabilities of the company except those that, by their terms, rank equally with or are subordinate to such indebtedness; (titre secondaire) subsidiary means an entity that is a subsidiary of another entity within the meaning of section 5; (filiale) substantial investment means a substantial investment determined in accordance with section 10; (intérêt de groupe financier) Superintendent means the Superintendent of Financial Institutions appointed pursuant to the Office of the Superintendent of Financial Institutions Act; (surintendant) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Definitions Sections 2-2.3 trade, in respect of securities, means any sale or disposition of securities for valuable consideration; (opération) transfer, in respect of securities, includes a transmission by operation of law; (transfert) voting share means a share of any class of shares of a body corporate carrying voting rights under all circumstances or by reason of an event that has occurred and is continuing or by reason of a condition that has been fulfilled; (action avec droit de vote) WTO Member resident means a WTO Member resident within the meaning of section 11.1. (résident d’un membre de l’OMC) 1991, c. 45, s. 2, c. 47, s. 753, c. 48, s. 493; 1992, c. 51, s. 66; 1998, c. 30, ss. 13(F), 15(E); 1999, c. 3, s. 84, c. 28, s. 136; 2000, c. 12, s. 298; 2001, c. 9, s. 478, c. 27, s. 272; 2002, c. 7, s. 248(E); 2005, c. 54, s. 368; 2010, c. 12, s. 2123; 2012, c. 5, s. 162; 2014, c. 39, s. 301; 2015, c. 3, s. 157; 2020, c. 1, s. 153. Interpretation Major shareholder 2.1 For the purposes of this Act, a person is a major shareholder of a body corporate if (a) the aggregate of the shares of any class of voting shares of the body corporate that are beneficially owned by the person and that are beneficially owned by any entities controlled by the person is more than 20 per cent of the outstanding shares of that class of voting shares of the body corporate; or (b) the aggregate of the shares of any class of non-voting shares of the body corporate that are beneficially owned by the person and that are beneficially owned by any entities controlled by the person is more than 30 per cent of the outstanding shares of that class of non-voting shares of the body corporate. 2001, c. 9, s. 479. Widely held 2.2 For the purposes of this Act, a body corporate is widely held if it has no major shareholder. 2001, c. 9, s. 479. Regulations — distributing company 2.3 (1) The Governor in Council may make regulations respecting the determination of what constitutes a distributing company for the purposes of this Act. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 2.3-3 Exemption — company (2) On the application of a company, the Superintendent may determine that it is not or was not a distributing company if the Superintendent is satisfied that the determination would not prejudice any of its security holders. Exemption — class of companies (3) The Superintendent may determine that members of a class of companies are not or were not distributing companies if the Superintendent is satisfied that the determination would not prejudice any security holder of a member of the class. 2005, c. 54, s. 369. Control 3 (1) For the purposes of this Act, (a) a person controls a body corporate if securities of the body corporate to which are attached more than 50 per cent of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person and the votes attached to those securities are sufficient, if exercised, to elect a majority of the directors of the body corporate; (b) a person controls an unincorporated entity, other than a limited partnership, if more than 50 per cent of the ownership interests, however designated, into which the entity is divided are beneficially owned by that person and the person is able to direct the business and affairs of the entity; (c) the general partner of a limited partnership controls the limited partnership; and (d) a person controls an entity if the person has any direct or indirect influence that, if exercised, would result in control in fact of the entity. Deemed control (2) A person who controls an entity is deemed to control any entity that is controlled, or deemed to be controlled, by the entity. Deemed control (3) A person is deemed to control, within the meaning of paragraph (1)(a) or (b), an entity if the aggregate of (a) any securities of the entity that are beneficially owned by that person, and (b) any securities of the entity that are beneficially owned by any entity controlled by that person Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 3-7 is such that, if that person and all of the entities referred to in paragraph (b) that beneficially own securities of the entity were one person, that person would control the entity. Guidelines (4) The Minister may, for any purpose of any provision of this Act that refers to control within the meaning of paragraph (1)(d), make guidelines respecting what constitutes such control, including guidelines describing the policy objectives that the guidelines and the relevant provisions of the Act are intended to achieve and, if any such guidelines are made, the reference to paragraph (1)(d) in that provision shall be interpreted in accordance with the guidelines. 1991, c. 45, s. 3; 2001, c. 9, s. 480. Holding body corporate 4 A body corporate is the holding body corporate of any entity that is its subsidiary. 1991, c. 45, s. 4; 2001, c. 9, s. 481. Subsidiary 5 An entity is a subsidiary of another entity if it is controlled by the other entity. 1991, c. 45, s. 5; 2001, c. 9, s. 481. Affiliated entities 6 (1) One entity is affiliated with another entity if one of them is controlled by the other or both are controlled by the same person. Affiliated entities (2) Despite subsection (1), for the purposes of subsections 270(1) and 288(1), one entity is affiliated with another entity if one of them is controlled, determined without regard to paragraph 3(1)(d), by the other or both are controlled, determined without regard to paragraph 3(1)(d), by the same person. 1991, c. 45, s. 6; 2001, c. 9, s. 482. Shareholder 7 (1) For the purposes of this Act, a person is a shareholder of a body corporate when, according to the securities register of the body corporate, the person is the owner of one or more shares of the body corporate or is entitled to be entered in the securities register or like record of the body corporate as the owner of the share or shares. Holder of a share (2) A reference in this Act to the holding of a share by or in the name of any person is a reference to the fact that the person is registered or is entitled to be registered in Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 7-9 the securities register or like record of the body corporate as the holder of that share. Significant interest 8 (1) A person has a significant interest in a class of shares of a company where the aggregate of (a) any shares of that class beneficially owned by the person, and (b) any shares of that class beneficially owned by entities controlled by the person exceeds 10 per cent of all of the outstanding shares of that class of shares of the company. Increasing significant interest (2) A person who has a significant interest in a class of shares of a company increases that significant interest in the class of shares where the person or any entity controlled by the person (a) acquires beneficial ownership of additional shares of that class, or (b) acquires control of any entity that beneficially owns shares of that class, in such number as to increase the percentage of shares of that class that are beneficially owned by the person and by any entities controlled by the person. Acting in concert 9 (1) For the purposes of Part VII, if two or more persons have agreed, under any agreement, commitment or understanding, whether formal or informal, verbal or written, to act jointly or in concert in respect of (a) shares of a company that they beneficially own, (b) shares or ownership interests that they beneficially own of any entity that beneficially owns shares of a company, or (c) shares or ownership interests that they beneficially own of any entity that controls any entity that beneficially owns shares of a company, those persons shall be deemed to be a single person who is acquiring beneficial ownership of the aggregate number of shares of the company or shares or ownership interests of the entity that are beneficially owned by them. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 9-10 Idem (2) Without limiting the generality of subsection (1), any agreement, commitment or understanding by or between two or more persons who beneficially own shares of a company or shares or ownership interests of any entity referred to in paragraph (1)(b) or (c), (a) whereby any of them or their nominees may veto any proposal put before the board of directors of the company, or (b) pursuant to which no proposal put before the board of directors of the company may be approved except with the consent of any of them or their nominees, shall be deemed to be an agreement, commitment or understanding referred to in subsection (1). Exceptions (3) For the purposes of this section, persons shall be presumed not to have agreed to act jointly or in concert solely by reason of the fact that (a) one is the proxyholder of one or more of the others in respect of shares or ownership interests referred to in subsection (1); or (b) they vote the voting rights attached to shares or ownership interests referred to in subsection (1) in the same manner. Designation (4) Where in the opinion of the Superintendent it is reasonable to conclude that an agreement, commitment or understanding referred to in subsections (1) and (2) exists by or among two or more persons, the Superintendent may designate those persons as persons who have agreed to act jointly or in concert. Contravention (5) A person contravenes a provision of Part VII if the person agrees to act jointly or in concert with one or more other persons in such a manner that a deemed single person contravenes the provision. 1991, c. 45, s. 9; 2001, c. 9, s. 483; 2007, c. 6, s. 337. Substantial investment in body corporate 10 (1) A person has a substantial investment in a body corporate where (a) the voting rights attached to the aggregate of any voting shares of the body corporate beneficially owned by the person and by any entities controlled by the person exceed 10 per cent of the voting rights attached Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Section 10 to all of the outstanding voting shares of the body corporate; or (b) the aggregate of any shares of the body corporate beneficially owned by the person and by any entities controlled by the person represents ownership of greater than 25 per cent of the shareholders’ equity of the body corporate. Increasing substantial investment in body corporate (2) A person who has a substantial investment in a body corporate pursuant to paragraph (1)(a) increases that substantial investment when the person or any entity controlled by the person (a) acquires beneficial ownership of additional voting shares of the body corporate in such number as to increase the percentage of voting rights attached to the aggregate of the voting shares of the body corporate beneficially owned by the person and by any entities controlled by the person; or (b) acquires control of any entity that beneficially owns any voting shares of the body corporate in such number as to increase the percentage of voting rights attached to the aggregate of the voting shares of the body corporate beneficially owned by the person and by any entities controlled by the person. Idem (3) A person who has a substantial investment in a body corporate pursuant to paragraph (1)(b) increases that substantial investment when the person or any entity controlled by the person (a) acquires beneficial ownership of additional shares of the body corporate in such number as to increase the percentage of the shareholders’ equity of the body corporate represented by the aggregate of the shares of the body corporate beneficially owned by the person and by any entities controlled by the person; or (b) acquires control of any entity that beneficially owns any shares of the body corporate in such number as to increase the percentage of the shareholders’ equity of the body corporate represented by the aggregate of the shares of the body corporate beneficially owned by the person and by any entities controlled by the person. New substantial investment (4) For greater certainty, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Section 10 (a) where a person has a substantial investment in a body corporate pursuant to paragraph (1)(a) and the person, or any entity controlled by the person, (i) purchases or otherwise acquires beneficial ownership of shares of the body corporate, or (ii) acquires control of any entity that beneficially owns shares of the body corporate, in such number as to cause the shareholders’ equity of the body corporate represented by the aggregate of the shares of the body corporate beneficially owned by the person and by any entities controlled by the person to exceed 25 per cent of the shareholders’ equity of the body corporate, or (b) where a person has a substantial investment in a body corporate pursuant to paragraph (1)(b) and the person or any entity controlled by the person (i) purchases or otherwise acquires beneficial ownership of voting shares of the body corporate, or (ii) acquires control of any entity that beneficially owns voting shares of the body corporate, in such number as to cause the voting rights attached to the aggregate of the voting shares beneficially owned by the person and by any entities controlled by the person to exceed 10 per cent of the voting rights attached to all of the outstanding voting shares of the body corporate, the acquisition is deemed to cause the person to increase a substantial investment in the body corporate. Substantial investment in unincorporated entity (5) A person has a substantial investment in an unincorporated entity where the aggregate of any ownership interests, however designated, into which the entity is divided, beneficially owned by the person and by any entities controlled by the person exceeds 25 per cent of all of the ownership interests into which the entity is divided. Increasing substantial investment in unincorporated entities (6) A person who has a substantial investment in an unincorporated entity increases that substantial investment when the person or any entity controlled by the person (a) acquires beneficial ownership of additional ownership interests in the unincorporated entity in such number as to increase the percentage of ownership interests in the unincorporated entity beneficially owned Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 10-11.1 by the person and by any entities controlled by the person; or (b) acquires control of any entity that beneficially owns ownership interests in the unincorporated entity in such number as to increase the percentage of ownership interests beneficially owned by the person and by any entities controlled by the person. 11 [Repealed, 2005, c. 54, s. 370] WTO Member resident 11.1 (1) For the purposes of this Act, a WTO Member resident is (a) a natural person who is ordinarily resident in a country or territory that is a WTO Member as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act, other than Canada; (b) a body corporate, association, partnership or other organization that is incorporated, formed or otherwise organized in a country or territory that is a WTO Member, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act, other than Canada, and that is controlled, (i) directly or indirectly, by one or more persons referred to in paragraph (a), or (ii) by a government of a WTO Member, whether federal, state or local, or an agency of one of those governments; (c) a trust established by one or more persons referred to in paragraph (a) or (b) or a trust in which one or more of those persons have more than 50 per cent of the beneficial interest; or (d) a body corporate, association, partnership or other organization that is controlled, directly or indirectly, by a trust referred to in paragraph (c). Interpretation (2) For the purposes of subsection (1), (a) a body corporate is controlled by one or more persons if (i) securities of the body corporate to which are attached more than 50 per cent of the votes that may be cast to elect directors of the body corporate are beneficially owned by the person or persons, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART I Interpretation and Application Interpretation Sections 11.1-13 (ii) the votes attached to those securities are sufficient to elect a majority of the directors of the body corporate; (b) an association, partnership or other organization is controlled by one or more persons if (i) more than 50 per cent of the ownership interests, however designated, into which the association, partnership or other organization is divided are beneficially owned by the person or persons, and (ii) the person or persons are able to direct the business and affairs of the association, partnership or other organization; (c) a body corporate, association, partnership or other organization is controlled by one or more persons if the person or persons have, directly or indirectly, control in fact of the body corporate, association, partnership or other organization; and (d) a body corporate, association, partnership or other organization that controls another body corporate, association, partnership or other organization is deemed to control any body corporate, association, partnership or other organization that is controlled or deemed to be controlled by the other body corporate, association, partnership or other organization. 1999, c. 28, s. 137. Application Application of Act 12 This Act applies to every body corporate (a) that is incorporated or continued under this Act, (b) to which the Trust Companies Act applied immediately before the coming into force of this section, or (c) to which the Loan Companies Act applied immediately before the coming into force of this section, and that is not discontinued under this Act. Conflicting provisions 13 Where there is a conflict or inconsistency between a provision of this Act and a provision of the incorporating instrument of a former-Act company, the provision of this Act prevails. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART II Status and Powers Sections 14-18 PART II Status and Powers Corporate powers 14 (1) A company has the capacity of a natural person and, subject to this Act, the rights, powers and privileges of a natural person. Powers restricted (2) A company shall not carry on any business or exercise any power that it is restricted by this Act from carrying on or exercising, or exercise any of its powers in a manner contrary to this Act. Business in Canada (3) A company may carry on business throughout Canada. Powers outside Canada (4) Subject to this Act, a company has the capacity to carry on its business, conduct its affairs and exercise its powers in any jurisdiction outside Canada to the extent and in the manner that the laws of that jurisdiction permit. No invalidity 15 No act of a company, including any transfer of property to or by a company, is invalid by reason only that the act or transfer is contrary to the company’s incorporating instrument or this Act. By-law not necessary 16 It is not necessary for a company to pass a by-law in order to confer any particular power on the company or its directors. No personal liability 17 The shareholders of a company are not, as shareholders, liable for any liability, act or default of the company except as otherwise provided by this Act. No constructive notice 18 No person is affected by or is deemed to have notice or knowledge of the contents of a document concerning a company by reason only that the document has been filed with the Superintendent or the Minister or is available for inspection at a branch of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART II Status and Powers Sections 19-20 Authority of directors and officers 19 (1) No company and no guarantor of an obligation of a company may assert against a person dealing with the company or against a person who has acquired rights from the company that (a) the company’s incorporating instrument or any by-laws of the company have not been complied with; (b) the persons named as directors of the company in the most recent return sent to the Superintendent under section 499 are not the directors of the company; (c) the place named in the incorporating instrument or by-laws of the company is not the place where the head office of the company is situated; (d) a person held out by the company as a director, officer or representative of the company has not been duly appointed or has no authority to exercise the powers and perform the duties that are customary in the business of the company or usual for a director, officer or representative; or (e) a document issued by any director, officer or representative of the company with actual or usual authority to issue the document is not valid or not genuine. Exception — knowledge (2) Subsection (1) does not apply in respect of a person who has or ought to have knowledge of a situation described in that subsection by virtue of their relationship to the company. 1991, c. 45, s. 19; 2005, c. 54, s. 371. Sunset provision 20 (1) Subject to subsections (2) and (4), companies shall not carry on business after June 30, 2025. Extension (2) The Governor in Council may, by order, extend by up to six months the time during which companies may continue to carry on business. No more than one order may be made under this subsection. Order not a regulation (3) The order is not a regulation for the purposes of the Statutory Instruments Act. However, it shall be published in Part II of the Canada Gazette. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART II Status and Powers Sections 20-23 Exception — dissolution (4) If Parliament dissolves on the day set out in subsection (1) or on any day within the six-month period before that day or on any day within an extension ordered under subsection (2), companies may continue to carry on business until the end of the 180th day after the first day of the first session of the next Parliament. 1991, c. 45, s. 20; 1997, c. 15, s. 341; 2001, c. 9, s. 484; 2006, c. 4, s. 202; 2007, c. 6, s. 338; 2012, c. 5, s. 163; 2016, c. 7, s. 117; 2018, c. 12, s. 354; 2021, c. 23, s. 153. PART III Incorporation, Continuance and Discontinuance Formalities of Incorporation Incorporation of company 21 On the application of one or more persons made in accordance with this Act, the Minister may, subject to this Part, issue letters patent incorporating a company. Restrictions on incorporation 22 Letters patent incorporating a company may not be issued if the application therefor is made by or on behalf of (a) Her Majesty in right of Canada or in right of a province, an agency of Her Majesty in either of those rights, or an entity controlled by Her Majesty in either of those rights; (b) the government of a foreign country or any political subdivision thereof; (c) an agency of the government of a foreign country or any political subdivision thereof; or (d) an entity, other than a foreign institution or any subsidiary of a foreign institution, that is controlled by the government of a foreign country or any political subdivision thereof. Subsidiary of foreign institution 23 If a proposed company would be a subsidiary of a foreign institution that is engaged in trust or loan business and the application for letters patent to incorporate the company is made by a non-WTO Member foreign institution, letters patent to incorporate the company may not be issued unless the Minister is satisfied that treatment as favourable for companies to which this Act Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Formalities of Incorporation Sections 23-25 applies exists or will be provided in the jurisdiction in which the foreign institution principally carries on business, either directly or through a subsidiary. 1991, c. 45, s. 23; 1999, c. 28, s. 138; 2001, c. 9, s. 485. Application for incorporation 24 (1) An application for letters patent to incorporate a company setting out the names of the first directors of the company shall be filed with the Superintendent, together with such other information, material and evidence as the Superintendent may require. Publishing notice of intent (2) Before filing an application referred to in subsection (1), the applicant or one of the applicants, as the case may be, shall, at least once a week for a period of four consecutive weeks, publish, in a form satisfactory to the Superintendent, a notice of intention to make the application in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of the company is to be situated. Objections to incorporation 25 (1) Any person who objects to the proposed incorporation of a company may, within thirty days after the date of the last publication under subsection 24(2) in respect of the proposed company, submit the objection in writing to the Superintendent. Minister to be informed (2) On receipt of an objection under subsection (1), the Superintendent shall inform the Minister of the objection. Inquiry into objection and report (3) On receipt of an objection under subsection (1), and if the application for the issuance of the letters patent to which the objection relates has been received, the Superintendent shall, if satisfied that it is necessary and in the public interest to do so, hold or cause to be held a public inquiry into the objection as it relates to the application and, on completion of the inquiry, the Superintendent shall report the findings of the inquiry to the Minister. Report to be made available (4) Within thirty days after receiving a report under subsection (3), the Minister shall make the report available to the public. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Formalities of Incorporation Sections 25-27 Rules governing proceedings (5) Subject to the approval of the Governor in Council, the Superintendent may make rules governing the proceedings at public inquiries held under this section. Matters for consideration 26 Before issuing letters patent to incorporate a company, the Minister shall take into account all matters that the Minister considers relevant to the application, including (a) the nature and sufficiency of the financial resources of the applicant or applicants as a source of continuing financial support for the company; (b) the soundness and feasibility of the plans of the applicant or applicants for the future conduct and development of the business of the company; (c) the business record and experience of the applicant or applicants; (d) the character and integrity of the applicant or applicants or, if the applicant or any of the applicants is a body corporate, its reputation for being operated in a manner that is consistent with the standards of good character and integrity; (e) whether the company will be operated responsibly by persons with the competence and experience suitable for involvement in the operation of a financial institution; (f) the impact of any integration of the businesses and operations of the applicant or applicants with those of the company on the conduct of those businesses and operations; and (g) the best interests of the financial system in Canada. 1991, c. 45, s. 26; 2001, c. 9, s. 486. Contents of letters patent 27 (1) There shall be set out in the letters patent incorporating a company (a) the name of the company; (b) the province in which the head office of the company is to be situated; and (c) the date that the company came, or is to come, into existence. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Formalities of Incorporation Sections 27-32 Provisions in letters patent (2) The Minister may set out in the letters patent incorporating a company any provision not contrary to this Act that the Minister considers advisable in order to take into account the particular circumstances of the proposed company. Terms and conditions (3) The Minister may impose such terms and conditions in respect of the issuance of letters patent incorporating a company as the Minister considers necessary or appropriate. 1991, c. 45, s. 27; 2005, c. 54, s. 372. Notice of issue of letters patent 28 The Superintendent shall cause to be published in the Canada Gazette a notice of the issuance of letters patent incorporating a company. First directors 29 The first directors of a company are the directors named in the application for letters patent to incorporate the company. Effect of letters patent 30 A company comes into existence on the date provided therefor in its letters patent. Continuance Federal corporations 31 (1) A body corporate incorporated under the Canada Business Corporations Act or any other Act of Parliament, other than a federal credit union, may apply to the Minister for letters patent continuing the body corporate as a company under this Act. Other corporations (2) A body corporate incorporated otherwise than by or under an Act of Parliament may, if so authorized by the laws of the jurisdiction where it is incorporated, apply to the Minister for letters patent continuing the body corporate as a company under this Act. 1991, c. 45, s. 31; 1994, c. 24, s. 34(F); 2010, c. 12, s. 2124. Application for continuance 32 (1) Where a body corporate applies for letters patent under subsection 31(1) or (2), sections 22 to 26 apply in respect of the application, with such modifications as the circumstances require. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Continuance Sections 32-36 Special resolution approval (2) Where a body corporate applies for letters patent under subsection 31(1) or (2), the application must be duly authorized by a special resolution. Copy of special resolution (3) A copy of the special resolution referred to in subsection (2) shall be filed with the application. Power to issue letters patent 33 (1) On the application of a body corporate under subsection 31(1) or (2), the Minister may, subject to this Part, issue letters patent continuing the body corporate as a company under this Act. Issue of letters patent (2) Where letters patent are issued to a body corporate under subsection (1), section 27 applies in respect of the issue of letters patent, with such modifications as the circumstances require. Effect of letters patent 34 On the day set out in the letters patent continuing a body corporate as a company under subsection 33(1), (a) the body corporate becomes a company as if it had been incorporated under this Act; and (b) the letters patent are deemed to be the incorporating instrument of the continued company. Copy of letters patent 35 (1) Where a body corporate is continued as a company under this Part, the Superintendent shall forthwith send a copy of the letters patent to the appropriate official or public body in the jurisdiction in which the body corporate was authorized to apply to be continued under this Act. Notice of issuance of letters patent (2) The Superintendent shall cause to be published in the Canada Gazette a notice of the issuance of letters patent continuing a body corporate as a company under this Act. Effects of continuance 36 Where a body corporate is continued as a company under this Part, (a) the property of the body corporate continues to be the property of the company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Continuance Sections 36-37 (b) the company continues to be liable for the obligations of the body corporate; (c) an existing cause of action or claim by or against the body corporate or any liability of the body corporate to prosecution is unaffected; (d) a civil, criminal or administrative action or proceeding pending by or against the body corporate may continue to be prosecuted by or against the company; (e) a conviction against, or any ruling, order or judgment in favour of or against the body corporate may be enforced by or against the company; (f) a person who, on the day the body corporate becomes a company, was the holder of a security issued by the body corporate is not deprived of any right or privilege available to the person at that time in respect of the security or relieved of any liability in respect thereof, but any such right or privilege may be exercised only in accordance with this Act; and (g) the by-laws of the body corporate, except those that are in conflict with this Act, continue as the bylaws of the company. Transitional 37 (1) Notwithstanding any other provision of this Act or the regulations, the Minister may, on the recommendation of the Superintendent, by order, grant to a company in respect of which letters patent were issued under subsection 33(1) permission to (a) engage in a business activity specified in the order that a company is not otherwise permitted by this Act to engage in and that the body corporate continued as the company was engaging in at the time the application for the letters patent was made; (b) continue to have issued and outstanding debt obligations the issue of which is not authorized by this Act if the debt obligations were outstanding at the time the application for the letters patent was made; (c) [Repealed, 1994, c. 47, s. 202] (d) hold assets that a company is not otherwise permitted by this Act to hold if the assets were held by the body corporate continued as the company at the time the application for the letters patent was made; (e) acquire and hold assets that a company is not otherwise permitted by this Act to acquire or hold if the body corporate continued as the company was obliged, at the time the application for the letters patent was made, to acquire those assets; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Continuance Section 37 (f) maintain outside Canada any records or registers required by this Act to be maintained in Canada. Duration (2) The permission granted under subsection (1) shall be expressed to be granted for a period specified in the order not exceeding (a) with respect to any activity described in paragraph (1)(a), thirty days after the date of issue of the letters patent or, where the activity is conducted pursuant to an agreement existing on the date of issue of the letters patent, the expiration of the agreement; (b) with respect to any matter described in paragraph (1)(b), ten years; and (c) with respect to any matter described in any of paragraph (1)(d) to (f), two years. Non-application (2.1) Paragraph (2)(a) does not apply to a company if the body corporate continued as the company was, at any time before the coming into force of this subsection, engaged in any personal property leasing activity in which a financial leasing entity, as defined in subsection 449(1), is not permitted to engage. Renewal (3) Subject to subsection (4), the Minister may, on the recommendation of the Superintendent, by order, renew a permission granted by order under subsection (1) with respect to any matter described in paragraphs (1)(b) to (e) for such further period or periods as the Minister considers necessary. Limitation (4) The Minister shall not grant to a company any permission (a) with respect to matters described in paragraph (1)(b), that purports to be effective more than ten years after the date of the approval for the company to commence and carry on business, unless the Minister is satisfied on the basis of evidence on oath provided by an officer of the company that the company will not be able at law to redeem at the end of the ten years the outstanding debt obligations to which the permission relates; and (b) with respect to matters referred to in paragraphs (1)(d) and (e), that purports to be effective more than Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Continuance Sections 37-38 ten years after the date of the approval for the company to commence and carry on business. 1991, c. 45, s. 37; 1994, c. 47, s. 202; 1997, c. 15, s. 342; 1999, c. 31, s. 213(F); 2007, c. 6, s. 339; 2009, c. 2, s. 288. Discontinuance Transferring to other federal Acts 38 (1) A company may (a) apply, under the Bank Act, for letters patent continuing the company as a bank or a bank holding company under that Act, or amalgamating and continuing the company as a bank or a bank holding company under that Act; (b) apply, with the approval in writing of the Minister, under the Canada Business Corporations Act, for a certificate of continuance as a corporation under that Act; (c) apply, with the approval in writing of the Minister, under the Canada Cooperatives Act, for a certificate of continuance, or a certificate of continuance and a certificate of amalgamation, as a cooperative under that Act; (d) apply, under the Cooperative Credit Associations Act, for letters patent continuing the company as an association under that Act, or amalgamating and continuing the company as an association under that Act; or (e) apply, under the Insurance Companies Act, for letters patent continuing the company as a company (other than a mutual company) or an insurance holding company under that Act, or amalgamating and continuing the company as a company (other than a mutual company) or an insurance holding company under that Act. Conditions for approval (2) The approval referred to in paragraph (1)(b) or (c) may be given only if the Minister is satisfied that (a) the company has published, once a week for four consecutive weeks in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of the company is situated, a notice of its intention to apply for the approval; (b) the company is not carrying on any of the fiduciary activities referred to in section 412; (c) unless the company is a subsidiary of another company and it uses the name of the other company in Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Discontinuance Sections 38-41 its name as permitted by section 48, the company will not use the word “fiduciaire”, “fiduciary”, “fiducie”, “loan”, “loanco”, “prêt”, “trust” or “trustco” in its name after the certificate referred to in that paragraph is issued; (d) the company does not hold deposits, other than deposits that are made by a person who controls the company or by a person who has a significant interest in a class of shares of the company and that are not insured by the Canada Deposit Insurance Corporation; and (e) the application has been authorized by a special resolution. Withdrawing application (3) If a special resolution authorizing the application for the certificate or letters patent so states, the directors of the company may, without further approval of the shareholders, withdraw the application before it is acted on. Restriction on other transfers (4) A company may not apply to be continued, or to be amalgamated and continued, as the case may be, as a body corporate other than one referred to in subsection (1). 1991, c. 45, ss. 38, 559; 1994, c. 24, s. 34(F); 1997, c. 15, s. 343; 2001, c. 9, s. 487; 2007, c. 6, s. 340. Act ceases to apply 39 If a company applies for a certificate or letters patent referred to in section 38 in accordance with that section and the certificate is given or the letters patent are issued, this Act ceases to apply to the company as of the day the certificate or the letters patent take effect. 1991, c. 45, s. 39; 1994, c. 24, s. 34(F); 2007, c. 6, s. 340. 40 [Repealed, 2007, c. 6, s. 340] Corporate Name Prohibited names 41 (1) A company may not be incorporated under this Act with a name (a) that is prohibited by an Act of Parliament; (b) that is, in the opinion of the Superintendent, deceptively misdescriptive; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Corporate Name Sections 41-44 (c) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, any existing (i) trademark or trade name, or (ii) corporate name of a body corporate, except where the trademark or trade name is being changed or the body corporate is being dissolved or is changing its corporate name and consent to the use of the trademark, trade name or corporate name is signified to the Superintendent in such manner as the Superintendent may require; (d) that is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, the known name under or by which any entity carries on business or is identified; or (e) that is reserved under section 45 for another company or a proposed company. Exception (2) Paragraph (1)(a) does not apply with respect to any former-Act company incorporated by or under an Act of Parliament that expressly authorizes the use of any name that would otherwise be prohibited. 1991, c. 45, s. 41; 1996, c. 6, s. 112; 1997, c. 15, s. 344; 2014, c. 20, s. 366(E). Trust company 42 A company that is a trust company pursuant to subsection 57(2) must have the word “fiduciaire”, “fiduciary”, “fiducie”, “trust” or “trustco” included in its name. Affiliated company 43 Despite section 41, a company that is affiliated with another entity may, with the consent of that entity, be incorporated with, or change its name to, substantially the same name as that of the affiliated entity. 1991, c. 45, s. 43; 1996, c. 6, s. 113; 2001, c. 9, s. 488; 2007, c. 6, s. 341. French or English form of name 44 (1) The name of a company may be set out in its letters patent in an English form, a French form, an English form and a French form or in a combined English and French form, and the company may use and be legally designated by any such form. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Corporate Name Sections 44-47 Alternate name (2) A company may identify itself outside Canada by its name in any language and the company may use and be legally designated by any such form of its name outside Canada. Other name (3) Subject to subsection (4) and section 260, a company may carry on business under or identify itself by a name other than its corporate name. Directions (4) Where a company is carrying on business under or identifying itself by a name other than its corporate name, the Superintendent may, by order, direct the company not to use that other name if the Superintendent is of the opinion that that other name is a name referred to in any of paragraphs 41(1)(a) to (e). 1991, c. 45, s. 44; 1996, c. 6, s. 114. Reserved name 45 The Superintendent may, on request, reserve for ninety days a name for a proposed company or for a company that intends to change its name. Directing change of name 46 (1) If through inadvertence or otherwise a company (a) comes into existence or is continued with a name, or (b) on an application to change its name, is granted a name that is prohibited by section 41, the Superintendent may, by order, direct the company to change its name and the company shall comply with that direction. Revoking name (2) If a company has been directed under subsection (1) to change its name and has not, within sixty days after the service of the direction, changed its name to a name that is not prohibited by this Act, the Superintendent may revoke the name of the company and assign to it a name and, until changed in accordance with section 220 or 222, the name of the company is thereafter the name so assigned. 1991, c. 45, s. 46; 1996, c. 6, s. 115; 2001, c. 9, s. 489. Restriction re trust company name 47 (1) No entity incorporated or formed by or under an Act of Parliament other than this Act shall use the word “fiduciaire”, “fiduciary”, “fiducie”, “trust” or “trustco” or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Corporate Name Sections 47-48.1 any word or words of import equivalent to any of those words in its name. Restriction re loan company name (2) No entity incorporated or formed by or under any Act of Parliament other than this Act shall use the word “loan”, “loanco” or “prêt” or any word or words of import equivalent to any of those words in its name. Exception (3) Subsections (1) and (2) do not apply to (a) an entity the business of which is not financial activities; or (b) an entity that was, on the day immediately preceding the day on which (i) subsection (1) comes into force, using the word “fiduciaire”, “fiduciary”, “fiducie”, “trust” or “trustco” or any word or words of import equivalent to any of those words in its name, or (ii) subsection (2) comes into force, using the word “loan”, “loanco” or “prêt” or any word or words of import equivalent to any of those words in its name. 1991, c. 45, s. 47; 1996, c. 6, s. 115. Subsidiaries 48 Despite subsections 47(1) and (2), a subsidiary of a company may use the company’s name in its name. 1991, c. 45, s. 48; 1996, c. 6, s. 115; 2001, c. 9, s. 490. Definition of reserved name 48.1 (1) In this section, reserved name means a name that includes as part thereof the word “assurance”, “assurances”, “insurance”, “lifeco”, “fiduciaire”, “fiduciary”, “fiducie”, “trust”, “trustco”, “loan”, “loanco” or “prêt” or any word or words of import equivalent to any of those words. Termination of control required in certain cases (2) No person, other than a financial institution, who (a) is carrying on business in Canada under a reserved name, and (b) has control or acquires control of a company, shall control the company on the later of (c) one year after this section comes into force, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART III Incorporation, Continuance and Discontinuance Corporate Name Section 48.1 (d) one year after the date of acquisition of the control. Prohibition (3) No person, other than a financial institution, who (a) controls an entity that is not a financial institution that carries on business in Canada under a reserved name, and (b) has control or acquires control of a company, shall control the company on the later of (c) one year after this section comes into force, and (d) one year after the date of the acquisition of the control. Continuing control prohibited (4) Notwithstanding subsection (3), where a financial institution controls an entity that (a) is not a financial institution, (b) carries on business in Canada under a reserved name, and (c) has control or acquires control of a company, the entity shall not control the company on the later of (d) one year after this section comes into force, and (e) one year after the date on which the entity acquires control of the company. Exceptions (5) Subsections (2) to (4) do not apply with respect to a person or entity that was carrying on business in Canada under a reserved name on the day immediately preceding the day on which those subsections come into force. 1996, c. 6, s. 115. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Sections 49-50 PART IV Organization and Commencement Organization Meetings First directors’ meeting 49 (1) After letters patent incorporating a company are issued, a meeting of the directors of the company shall be held at which the directors may, subject to this Part, (a) make by-laws; (b) adopt forms of share certificates and corporate records; (c) authorize the issue of shares of the company; (d) appoint officers; (e) appoint an auditor to hold office until the first meeting of shareholders; (f) make banking arrangements; and (g) deal with any other matters necessary to organize the company. Calling directors’ meeting (2) An incorporator or a director named in the application for letters patent may call the meeting referred to in subsection (1) by giving, subject to subsection 185(2), no fewer than five days notice of the purpose, time and place of the meeting to each director of the company. Calling shareholders’ meeting 50 (1) If at least five million dollars, or any greater amount that the Minister may specify, has been received by a company in respect of which letters patent were issued under section 21 from the issue of its shares, the directors of the company shall without delay call a meeting of the shareholders of the company. Meeting of shareholders (2) The shareholders of a company shall, by resolution at the meeting of shareholders called pursuant to subsection (1), (a) approve, amend or reject any by-law made by the directors of the company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Organization Meetings Sections 50-52 (b) subject to section 172, elect directors to hold office for a term expiring not later than the close of the third annual meeting of shareholders following the election; and (c) appoint an auditor to hold office until the close of the first annual meeting of shareholders. 1991, c. 45, s. 50; 2001, c. 9, s. 491. Term of first directors 51 A director named in the application for letters patent to incorporate a company holds office until the election of directors at the meeting of shareholders called pursuant to subsection 50(1). Commencement and Carrying on of Business Order to commence and carry on business 52 (1) A company shall not carry on any business until the Superintendent has, by order, approved the commencement and carrying on of business by the company. Former-Act companies — Loan Companies Act (2) A licence that was issued to a company under section 76 of the Loan Companies Act and that is in effect immediately before the coming into force of this Part is deemed to be an order of the Superintendent of indeterminate duration under subsection 53(1) and the company remains subject to any and all other restrictions and conditions in the licence. Former-Act companies (3) A licence that was issued to a company under section 87 of the Trust Companies Act or under section 112 of the Loan Companies Act and that is in effect immediately before the coming into force of this Part is deemed to be an order of the Superintendent of indeterminate duration under subsection 53(1) containing the authorization referred to in subsection 57(1) or the designation referred to in subsection 57(3), as the case may be, and the company remains subject to any and all other restrictions and conditions contained in the licence. Continued company (4) Except in respect of a body corporate that is continued as a company under this Act for the purposes of forthwith amalgamating with one or more bodies corporate and continuing as a company under this Act, where letters patent continuing a body corporate as a company under this Act are issued, the Superintendent shall make an order approving the commencement and carrying on of business by the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Commencement and Carrying on of Business Sections 52-55 Amalgamated company (5) Where letters patent amalgamating and continuing two or more bodies corporate as a company under this Act are issued, the Superintendent shall make an order approving the commencement and carrying on of business by the company. Subsection 53(2) and section 56 do not apply (6) For greater certainty, subsection 53(2) and section 56 do not apply in respect of a company referred to in subsections (4) and (5). Authority to make order 53 (1) On application by a company, the Superintendent may make an order approving the commencement and carrying on of business by the company. Statement of payments (2) An application by a company for an order under subsection (1) must contain a statement setting out the amounts paid or to be paid by the company in connection with its incorporation and organization. No payments before order 54 Until an order approving the commencement and carrying on of business is made for a company, the company shall not make any payment on account of incorporation or organization expenses out of moneys received from the issue of the shares of the company and interest thereon, except reasonable sums (a) for the remuneration of not more than two officers; (b) for the payment of costs related to the issue of shares of the company; and (c) for the payment of clerical assistance, legal services, accounting services, office accommodation at one location, office expenses, advertising, stationery, postage and travel expenses. Deposits and investments before order 55 Where a company comes into existence but no order approving the commencement and carrying on of business is made for the company, the company may only (a) deposit, in Canada, paid-in capital of the company in another deposit-taking Canadian financial institution; or (b) invest paid-in capital of the company in unencumbered securities of the Government of Canada or the government of any province. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Commencement and Carrying on of Business Sections 56-57 Conditions for order 56 (1) The Superintendent shall not make an order approving the commencement and carrying on of business by a company until it has been shown to the satisfaction of the Superintendent that (a) the meeting of shareholders of the company referred to in subsection 50(1) has been duly held; (b) the company has paid-in capital of at least five million dollars or any greater amount that is specified by the Minister under subsection 50(1); (c) the expenses of incorporation and organization to be borne by the company are reasonable; and (d) all other relevant requirements of this Act have been complied with. Time limit (2) The Superintendent shall not make an order approving the commencement and carrying on of business by a company more than one year after the day on which the company comes into existence. 1991, c. 45, s. 56; 2001, c. 9, s. 492. Authorization in order 57 (1) An order approving the commencement and carrying on of business by a company may, at the discretion of the Superintendent, contain the authorization for the company to carry on the activities referred to in section 412. Trust company (2) Where an order approving the commencement and carrying on of business by a company contains the authorization referred to in subsection (1), subsection 52(3) or paragraph 58(1)(a), the company is a trust company under this Act. Mortgage investment company (3) An order approving the commencement and carrying on of business by a company, other than a company that is a trust company pursuant to subsection (2), may, at the discretion of the Superintendent, contain a designation that the company is a mortgage investment company under this Act. Conditions of order (4) An order approving the commencement and carrying on of business by a company may contain such conditions or limitations that are consistent with this Act and relate to the business of the company as the Superintendent deems expedient and necessary. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Commencement and Carrying on of Business Sections 58-60 Variations 58 (1) In respect of the order approving the commencement and carrying on of business by a company, the Superintendent may at any time, by further order, (a) add to the order the authorization for the company to carry on the activities referred to in section 412, or the designation referred to in subsection 57(3), (b) make the order subject to such conditions or limitations that are consistent with this Act and that relate to the business of the company as the Superintendent deems expedient and necessary, (c) amend or revoke any authorization contained in the order or any condition or limitation to which the order is subject, or (d) revoke any designation contained in the order, but before making any such further order the Superintendent shall provide the company with an opportunity to make representations regarding that further order. (2) to (6) [Repealed, 1996, c. 6, s. 116] 1991, c. 45, s. 58; 1996, c. 6, s. 116. Public notice 59 (1) On the making of an order approving the commencement and carrying on of business by a company, the company shall publish a notice of the making of the order in a newspaper in general circulation at or near the place where the head office of the company is located. Notice in Canada Gazette (2) The Superintendent shall cause to be published in the Canada Gazette a notice of the making of an order approving the commencement and carrying on of business by a company. Non-application to former-Act company (3) For greater certainty, this section does not apply to a company referred to in subsections 52(2) and (3). Cessation of existence 60 Except for the sole purpose of winding up the company’s affairs, a company ceases to exist one year after the day on which its incorporating instrument became effective if it does not obtain an order approving the commencement and carrying on of business within that year. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IV Organization and Commencement Commencement and Carrying on of Business Section 61 Allowed disbursements 61 (1) Where an order approving the commencement and carrying on of business is not made for a company, no part of the moneys of the company shall be used for the payment of incorporation and organization expenses, other than remuneration and costs referred to in section 54, unless the payment has been approved by a special resolution. Application to court to settle disbursements (2) If the amount allowed by a special resolution for the payment of any incorporation and organization expenses referred to in subsection (1) is considered insufficient by the directors or if no special resolution for the payment of such expenses is passed, the directors may apply to any court having jurisdiction in the place where the head office of the company is situated to settle and determine the amounts to be paid out of any moneys of the company before distribution of the balance to the shareholders or, where there are no shareholders, to the incorporators. Notice of application to court (3) The directors shall, at least twenty-one days prior to the date fixed for the hearing of the application referred to in subsection (2), send to the shareholders or incorporators, as the case may be, a notice of the application, which notice shall contain a statement of the amounts that are proposed to be settled and determined by the court. Ratio payable (4) In order that the amounts paid and payable under this section may be equitably borne by the shareholders or incorporators, as the case may be, the directors shall, after the amounts of the payments have been approved by special resolution or settled and determined by a court, fix the proportionate part thereof chargeable to each shareholder or incorporator as the ratio of the amount paid in by the shareholder or incorporator to the aggregate of all the amounts paid in by the shareholders or incorporators. Return of excess (5) After the amounts referred to in this section have been paid, the directors shall pay, with any interest earned thereon, to the shareholders or incorporators, the respective balances of the moneys paid in by them, less the amount chargeable to each shareholder or incorporator under subsection (4). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Sections 62-63 PART V Capital Structure Share Capital Power to issue shares 62 (1) Subject to this Act and the by-laws of the company, shares of a company may be issued at such times and to such persons and for such consideration as the directors of the company may determine. Shares (2) Shares of a company shall be in registered form and shall be without nominal or par value. Shares of former-Act company (3) Shares with nominal or par value of a former-Act company are deemed to be shares without nominal or par value. Shares of continued company (4) Where a body corporate is continued as a company under this Act, shares with nominal or par value issued by the body corporate before it was so continued are deemed to be shares without nominal or par value. Deemed share conditions (5) Where any right of a holder of a share with nominal or par value of a former-Act company or a body corporate continued as a company under this Act, other than a voting right, was stated or expressed in terms of the nominal or par value of the share immediately before the coming into force of this Part or the continuance under this Act, as the case may be, that right is thereafter deemed to be the same right stated or expressed without reference to the nominal or par value of the share. Common shares 63 (1) A company shall have one class of shares, to be designated as “common shares”, which are non-redeemable and in which the rights of the holders thereof are equal in all respects, and those rights include (a) the right to vote at all meetings of shareholders except where only holders of a specified class of shares are entitled to vote; (b) the right to receive dividends declared on those shares; and (c) the right to receive the remaining property of the company on dissolution. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 63-65 Designations of shares (2) No company shall designate more than one class of its shares as “common shares” or any variation of that term. (3) [Repealed, 2012, c. 5, s. 164] Continued company (4) A body corporate continued as a company under this Act that is not in compliance with subsection (2) on the date letters patent continuing it as a company are issued shall, within twelve months after that date, redesignate its shares to comply with that subsection. Exception (5) Subsections (1) and (2) do not apply in respect of a former-Act company whose shareholders are confined to entities incorporated or formed by or under an Act of Parliament or of the legislature of a province that are, in the opinion of the directors, operating as credit unions or cooperative associations. 1991, c. 45, s. 63; 2012, c. 5, s. 164. Classes of shares 64 (1) The by-laws of a company may provide for more than one class of shares and, if they so provide, shall set out (a) the rights, privileges, restrictions and conditions attaching to the shares of each class; and (b) the maximum number, if any, of shares of any class that the company is authorized to issue. Shareholder approval (2) Where a by-law referred to in subsection (1) is made, the directors of the company shall submit the by-law to the shareholders at the next meeting of shareholders. Effective date (3) A by-law referred to in subsection (1) is not effective until it is confirmed or confirmed with amendments by special resolution of the shareholders at the meeting referred to in subsection (2). 1991, c. 45, s. 64; 2001, c. 9, s. 493. Shares issued in series 65 (1) The by-laws of a company may, subject to any limitations set out in them, authorize the issue of any class of shares in one or more series and may (a) fix the maximum number of shares in each series and determine the designation, rights, privileges, restrictions and conditions attaching to them; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 65-66 (b) authorize the directors to do anything referred to in paragraph (a). Series participation (2) If any cumulative dividend or amounts payable on return of capital in respect of a series of shares are not paid in full, the shares of all series of the same class participate rateably in respect of accumulated dividends and return of capital. Voting rights (3) Where voting rights are attached to any series of a class of shares, the shares of every other series of that class shall have the same voting rights. Restriction on series (4) No rights, privileges, restrictions or conditions attached to a series of shares authorized under this section confer on the series a priority in respect of dividends or return of capital over any other series of shares of the same class that are then outstanding. Material to Superintendent (5) If the directors exercise their authority under paragraph (1)(b), the directors shall, before the issue of shares of the series, send to the Superintendent particulars of the series of shares and a copy of the by-law that granted the authority to the directors. 1991, c. 45, s. 65; 2005, c. 54, s. 373; 2007, c. 6, s. 342(E). One share, one vote 66 (1) Where voting rights are attached to a share of a company, the voting rights may confer only one vote in respect of that share. Exception (2) Subsection (1) does not apply in respect of (a) a share of a former-Act company issued on or before September 27, 1990 that entitled the holder to more than one vote, or to a fraction of a vote, in respect of that share; and (b) any share of a former-Act company that is issued after September 27, 1990 pursuant to the conversion of a security of the former-Act company that was issued with such a conversion privilege prior to that date. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 67-69 Shares non-assessable 67 Shares issued by a company after the coming into force of this section are non-assessable and the shareholders are not liable to the company or to its creditors in respect thereof. Consideration for share 68 (1) No share of any class of shares of a company shall be issued until it is fully paid for in money or, with the approval of the Superintendent, in property. Transitional (2) Where any share of a company is not fully paid for on the day this Part comes into force, the provisions of the Trust Companies Act or the Loan Companies Act that applied to the company immediately prior to that day and that relate to (a) the liability of holders of shares of a company that are not fully paid for and the enforcement of that liability, (b) the forfeiture of the share, and (c) the forfeiture of the right to vote the share continue to apply in respect of that share. Other currencies (3) When issuing shares, a company may provide that any aspect of the shares relating to money or involving the payment of or the liability to pay money be in a currency other than the currency of Canada. Stated capital account 69 (1) A company shall maintain a separate stated capital account for each class and series of shares it issues. Addition to stated capital account (2) A company shall record in the appropriate stated capital account the full amount of any consideration it receives for any shares it issues. Exception (2.1) Despite subsection (2), a company may, subject to subsection (2.2), record in the stated capital account maintained for the shares of a class or series any part of the consideration it receives in an exchange if it issues shares (a) in exchange for Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Section 69 (i) property of a person who immediately before the exchange did not deal with the company at arm’s length within the meaning of that expression in the Income Tax Act, (ii) shares of or another interest in a body corporate that immediately before the exchange or because of it did not deal with the company at arm’s length within the meaning of that expression in the Income Tax Act, or (iii) property of a person who immediately before the exchange dealt with the company at arm’s length within the meaning of that expression in the Income Tax Act if the person, the company and all of the holders of shares in the class or series of shares so issued consent to the exchange; (b) under an agreement referred to in subsection 229(1); or (c) to shareholders of an amalgamating body corporate who receive the shares in addition to or instead of securities of the amalgamated company. Limit on addition to a stated capital account (2.2) On the issuance of a share, a company shall not add to the stated capital account in respect of the share an amount greater than the amount of the consideration it receives for the share. Constraint on addition to a stated capital account (2.3) Where a company that has issued any outstanding shares of more than one class or series proposes to add to a stated capital account that it maintains in respect of a class or series of shares an amount that was not received by the company as consideration for the issue of shares, the addition must be approved by special resolution unless all the issued and outstanding shares are of not more than two classes of convertible shares referred to in subsection 80(4). Stated capital of former-Act company (3) On the coming into force of this Part, a former-Act company shall record in the stated capital account maintained for each class and series of shares then outstanding an amount that is equal to the aggregate of (a) the aggregate amount paid up on the shares of each class and series of shares immediately before the coming into force of this Part, and (b) the amount of the contributed surplus of the company that is attributable to those shares. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 69-71 Contributed surplus entry (4) The amount of any contributed surplus recorded in the stated capital account pursuant to paragraph (3)(b) shall be deducted from the contributed surplus account of the company. Share issued before coming into force (5) Any amount unpaid in respect of a share issued by a former-Act company before the coming into force of this Part and paid after the coming into force of this Part shall be recorded in the stated capital account maintained by the company for the shares of that class or series. 1991, c. 45, s. 69; 1997, c. 15, s. 345; 2005, c. 54, s. 374. Stated capital of continued company 70 (1) Where a body corporate is continued as a company under this Act, the company shall record in the stated capital account maintained for each class and series of shares then outstanding an amount that is equal to the aggregate of (a) the aggregate amount paid up on the shares of each class and series of shares immediately before the body corporate was so continued, and (b) the amount of the contributed surplus of the company that is attributable to those shares. Contributed surplus entry (2) The amount of any contributed surplus recorded in the stated capital account pursuant to paragraph (1)(b) shall be deducted from the contributed surplus account of the company. Shares issued before continuance (3) Any amount unpaid in respect of a share issued by a body corporate before it was continued as a company under this Act and paid after it was so continued shall be recorded in the stated capital account maintained by the company for the shares of that class or series. Pre-emptive right 71 (1) Where the by-laws of a company so provide, no shares of any class shall be issued unless the shares have first been offered to the shareholders holding shares of that class, and those shareholders have a pre-emptive right to acquire the offered shares in proportion to their holdings of the shares of that class, at such price and on such terms as those shares are to be offered to others. Exception (2) Notwithstanding the existence of a pre-emptive right, a shareholder of a company has no pre-emptive right in respect of shares of a class to be issued Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 71-73 (a) for a consideration other than money; (b) as a share dividend; or (c) pursuant to the exercise of conversion privileges, options or rights previously granted by the company. Idem (3) Notwithstanding the existence of a pre-emptive right, a shareholder of a company has no pre-emptive right in respect of shares to be issued (a) where the issue of shares to the shareholder is prohibited by this Act; or (b) where, to the knowledge of the directors of the company, the offer of shares to a shareholder whose recorded address is in a country other than Canada ought not to be made unless the appropriate authority in that country is provided with information in addition to that submitted to the shareholders at the last annual meeting. Conversion privileges 72 (1) A company may issue conversion privileges, options or rights to acquire securities of the company, and shall set out the conditions thereof (a) in the documents that evidence the conversion privileges, options or rights; or (b) in the securities to which the conversion privileges, options or rights are attached. Transferable rights (2) Conversion privileges, options and rights to acquire securities of a company may be made transferable or non-transferable, and options and rights to acquire such securities may be made separable or inseparable from any securities to which they are attached. Reserved shares (3) Where a company has granted privileges to convert any securities issued by the company into shares, or into shares of another class or series, or has issued or granted options or rights to acquire shares, if the by-laws limit the number of authorized shares, the company shall reserve and continue to reserve sufficient authorized shares to meet the exercise of such conversion privileges, options and rights. Holding of own shares 73 Except as provided in sections 74 to 77, or unless permitted by the regulations, a company shall not Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 73-75 (a) hold shares of the company or of any body corporate that controls the company; (b) hold any ownership interests of any unincorporated entity that controls the company; (c) permit any of its subsidiaries to hold any shares of the company or of any body corporate that controls the company; or (d) permit any of its subsidiaries to hold any ownership interests of any unincorporated entity that controls the company. Purchase and redemption of shares 74 (1) Subject to subsection (2) and to its by-laws, a company may, with the consent of the Superintendent, purchase, for the purpose of cancellation, any shares issued by it, or redeem any redeemable shares issued by it at prices not exceeding the redemption price thereof calculated according to a formula stated in its by-laws or the conditions attaching to the shares. Restrictions on purchase and redemption (2) A company shall not make any payment to purchase or redeem any shares issued by it if there are reasonable grounds for believing that the company is, or the payment would cause the company to be, in contravention of any regulation referred to in subsection 473(1) or (2) or any direction made pursuant to subsection 473(3). Donated shares (3) A company may accept from any shareholder a share of the company surrendered to it as a gift, but may not extinguish or reduce a liability in respect of an amount unpaid on any such share except in accordance with section 78. Holding as personal representative 75 (1) A company may, and may permit its subsidiaries to, hold, in the capacity of a personal representative, shares of the company or of any body corporate that controls the company or ownership interests in any unincorporated entity that controls the company, but only where the company or the subsidiary does not have a beneficial interest in the shares or ownership interests. Security interest (2) A company may, and may permit its subsidiaries to, by way of a security interest (a) hold shares of the company or of any body corporate that controls the company, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 75-76 (b) hold any ownership interests of any entity that controls the company, where the security interest is nominal or immaterial when measured by criteria established by the company that have been approved in writing by the Superintendent. Saving (3) Nothing in subsection (2) precludes a former-Act company or any of its subsidiaries from holding any security interest held immediately prior to the coming into force of this Part. 1991, c. 45, s. 75; 2005, c. 54, s. 375(F). Exception — conditions before acquisition 75.1 (1) A company may permit any of its subsidiaries to acquire shares of the company through the issuance of those shares by the company to the subsidiary if the conditions prescribed for the purposes of this subsection are met before the subsidiary acquires the shares. Conditions after acquisition (2) After a subsidiary has acquired shares under the purported authority of subsection (1), the conditions prescribed for the purposes of this subsection must be met. Non-compliance with conditions (3) If a company permits any of its subsidiaries to acquire shares of the company under the purported authority of subsection (1) and one or more of the conditions prescribed for the purposes of subsections (1) and (2) were not met, are not met or cease to be met, as the case may be, then, despite section 15 and subsection 69(2), the company must comply with the prescribed requirements. 2007, c. 6, s. 343. Cancellation of shares 76 (1) Subject to subsection (2), where a company purchases shares of the company or fractions thereof or redeems or otherwise acquires shares of the company, the company shall cancel those shares. Requirement to sell (2) Where a company or any of its subsidiaries, through the realization of security, acquires any shares of the company or of any body corporate that controls the company or any ownership interests in an unincorporated entity that controls the company, the company shall, or shall cause its subsidiaries to, as the case may be, within six months after the day of the realization, sell or otherwise dispose of the shares or ownership interests. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 77-78 Subsidiary holding shares 77 Subject to the regulations, a former-Act company shall cause any subsidiary of the company that holds shares of the company, or of any body corporate that controls the company, or any ownership interests of any unincorporated entity that controls the company to sell or otherwise dispose of those shares or ownership interests within six months after the day this section comes into force. Reduction of capital 78 (1) The stated capital of a company may be reduced by special resolution. Limitation (2) A company shall not reduce its stated capital by special resolution if there are reasonable grounds for believing that the company is, or the reduction would cause the company to be, in contravention of any regulation referred to in subsection 473(1) or (2) or any direction made pursuant to subsection 473(3). Contents of special resolution (3) A special resolution to reduce the stated capital of a company shall specify the stated capital account or accounts from which the reduction of stated capital effected by the special resolution will be deducted. Approval by Superintendent (4) A special resolution to reduce the stated capital of a company has no effect until it is approved in writing by the Superintendent. Exception (4.1) Subsection (4) does not apply if (a) the reduction in the stated capital is made solely as a result of changes made to the accounting principles referred to in subsection 313(4); and (b) there is to be no return of capital to shareholders as a result of the reduction. Conditions for approval (5) No approval to reduce the stated capital of a company may be given by the Superintendent unless application therefor is made within three months after the time of the passing of the special resolution and a copy of the special resolution, together with a notice of intention to apply for approval, has been published in the Canada Gazette. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 78-80 Statements to be submitted (6) In addition to evidence of the passing of a special resolution to reduce the stated capital of a company and of the publication thereof, statements showing (a) the number of the company’s shares issued and outstanding, (b) the results of the voting by class of shares of the company, (c) the company’s assets and liabilities, and (d) the reason why the company seeks the reduction of capital shall be submitted to the Superintendent at the time of the application for approval of the special resolution. 1991, c. 45, s. 78; 2007, c. 6, s. 344. Recovery by action 79 (1) Where any money or property was paid or distributed to a shareholder or other person as a consequence of a reduction of capital made contrary to section 78, a creditor of the company may apply to a court for an order compelling the shareholder or other person to pay the money or deliver the property to the company. Shares held by personal representative (2) No person holding shares in the capacity of a personal representative and registered on the records of the company as a shareholder and therein described as the personal representative of a named person is personally liable under subsection (1), but the named person is subject to all the liabilities imposed by that subsection. Limitation (3) An action to enforce a liability imposed by subsection (1) may not be commenced more than two years after the date of the act complained of. Remedy preserved (4) This section does not affect any liability that arises under section 212. Adjustment of stated capital account 80 (1) On a purchase, redemption or other acquisition by a company of shares or fractions thereof issued by it, other than shares acquired pursuant to section 75 or acquired through the realization of security and sold pursuant to subsection 76(2), the company shall deduct from the stated capital account maintained for the class or series of shares so purchased, redeemed or otherwise acquired an amount equal to the result obtained by Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Section 80 multiplying the stated capital in respect of the shares of that class or series by the number of shares of that class or series so purchased, redeemed or otherwise acquired and dividing by the number of shares of that class or series outstanding immediately before the purchase, redemption or other acquisition. Idem (2) A company shall adjust its stated capital account or accounts in accordance with any special resolution referred to in section 78. Shares converted to another class (3) On a conversion of outstanding shares of a company into shares of another class or series, or on a change of outstanding shares of the company into shares of another class or series, the company shall (a) deduct from the stated capital account maintained for the class or series of shares converted or changed an amount equal to the result obtained by multiplying the stated capital of the shares of that class or series by the number of shares of that class or series converted or changed, and dividing by the number of outstanding shares of that class or series immediately before the conversion or change; and (b) record the result obtained under paragraph (a) and any additional consideration received pursuant to the conversion or change in the stated capital account maintained or to be maintained for the class or series of shares into which the shares have been converted or changed. Stated capital of convertible shares (4) For the purposes of subsection (3) and subject to the company’s by-laws, where a company issues two classes of shares and there is attached to each class a right to convert a share of one class into a share of the other class and a share is so converted, the amount of stated capital attributable to a share in either class is the aggregate of the stated capital of both classes divided by the number of outstanding shares of both classes immediately before the conversion. Conversion or change of shares (5) Shares issued by a company and converted into shares of another class or series, or changed under subsection 222(1) into shares of another class or series, become issued shares of the class or series of shares into which the shares have been converted or changed. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Share Capital Sections 81-82 Addition to stated capital account 81 On a conversion of any debt obligation of a company into shares of a class or series of shares, the company shall (a) deduct from the liabilities of the company the nominal value of the debt obligation being converted; and (b) record the result obtained under paragraph (a) and any additional consideration received for the conversion in the stated capital account maintained or to be maintained for the class or series of shares into which the debt obligation has been converted. Declaration of dividend 82 (1) The directors of a company may declare and a company may pay a dividend by issuing fully paid shares of the company or options or rights to acquire fully paid shares of the company and, subject to subsection (4), the directors of a company may declare and a company may pay a dividend in money or property, and where a dividend is to be paid in money, the dividend may be paid in a currency other than the currency of Canada. Notice to Superintendent (2) The directors of a company shall notify the Superintendent of the declaration of a dividend at least 15 days before the day fixed for its payment. Share dividend (3) If shares of a company are issued in payment of a dividend, the company shall record in the stated capital account maintained or to be maintained for the shares of the class or series issued in payment of the dividend the declared amount of the dividend stated as an amount of money. When dividend not to be declared (4) The directors of a company shall not declare and a company shall not pay a dividend if there are reasonable grounds for believing that the company is, or the payment would cause the company to be, in contravention of any regulation referred to in subsection 473(1) or (2) or any direction made pursuant to subsection 473(3). (5) [Repealed, 2007, c. 6, s. 345] 1991, c. 45, s. 82; 2001, c. 9, s. 494; 2007, c. 6, s. 345. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Subordinated Indebtedness Sections 83-84 Subordinated Indebtedness Restriction on subordinated indebtedness 83 (1) A company shall not issue subordinated indebtedness unless the subordinated indebtedness is fully paid for in money or, with the approval of the Superintendent, in property. References to subordinated indebtedness (2) A person shall not in any prospectus, advertisement, correspondence or literature relating to any subordinated indebtedness issued or to be issued by a company refer to the subordinated indebtedness otherwise than as subordinated indebtedness. Deemed not to be a deposit (3) Subordinated indebtedness issued by a company is deemed not to be a deposit. Other currencies (4) When issuing subordinated indebtedness, a company may provide that any aspect of the subordinated indebtedness relating to money or involving the payment of or the liability to pay money in relation thereto be in a currency other than that of Canada including, without restricting the generality of the foregoing, the payment of any interest thereon. Security Certificates and Transfers Definitions 84 In this section and sections 85 to 138, adverse claim includes a claim that a transfer was or would be wrongful or that a particular adverse person is the owner of or has an interest in a security; (opposition) bona fide purchaser means a purchaser for value in good faith and without notice of any adverse claim who takes delivery of a security in bearer form or order form or of a security in registered form issued to the purchaser or endorsed to the purchaser or endorsed in blank; (acheteur de bonne foi) clearing agency means a person designated as a recognized clearing agency by the Superintendent; (agence de compensation et de dépôt) delivery means voluntary transfer of possession; (livraison ou remise) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Section 84 fungible, in respect of securities, means securities of which any unit is, by nature or usage of trade, the equivalent of any other like unit; (fongibles) genuine means free of forgery or counterfeit; (authentique) good faith means honesty in fact in the conduct of the transaction concerned; (bonne foi) over-issue means the issue of securities in excess of any maximum number of securities that the issuer is authorized to issue; (émission excédentaire) purchaser means a person who takes an interest in a security by sale, mortgage, pledge, issue, reissue, gift or any other voluntary transaction; (acquéreur) securities broker means a person who is engaged for all or part of the person’s time in the business of buying and selling securities and who, in the transaction concerned, acts for, or buys a security from, or sells a security to, a customer; (courtier) security or security certificate means an instrument issued by a company that is (a) in bearer, order or registered form, (b) of a type commonly dealt in on securities exchanges or markets or commonly recognized in any area in which it is issued or dealt in as a medium for investment, (c) one of a class or series or by its terms divisible into a class or series of instruments, and (d) evidence of a share, participation or other interest in or obligation of a company, but does not include an instrument evidencing a deposit; (valeur mobilière ou certificat de valeur mobilière) trust indenture has the meaning given that expression by section 299; (acte de fiducie) unauthorized, in relation to a signature or an endorsement, means a signature or an endorsement made without actual, implied or apparent authority, and includes a forgery; (non autorisé) uncertificated security means a security, not evidenced by a security certificate, the issue and any transfer of which is registered or recorded in records maintained for that purpose by or on behalf of a company; (valeur mobilière sans certificat) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 84-88 valid means issued in accordance with the applicable law or validated under section 100. (valide) Provisions governing transfers of securities 85 The transfer of a security is governed by sections 86 to 138. Security a negotiable instrument 86 (1) A security is a negotiable instrument but, in the case of any inconsistency between the provisions of the Bills of Exchange Act and this Act, this Act prevails to the extent of the inconsistency. Bearer form (2) A security is in bearer form if it is payable to bearer according to its terms and not by reason of any endorsement. Order form (3) A security is in order form where the security is not a share and, by its terms, it is payable to the order or assigns of any person therein specified with reasonable certainty or to the person or the person’s order. Registered form (4) A security is in registered form if (a) it specifies a person entitled to the security or to the rights it evidences, and its transfer is capable of being recorded in a securities register; or (b) it bears a statement that it is in registered form. Status of guarantor 87 A guarantor for an issuer of a security is deemed to be an issuer to the extent of the guarantee, whether or not the guarantor’s obligation is noted on the security. Rights of holder 88 (1) Subject to Part VII, every security holder is entitled at the holder’s option to a security certificate that complies with this Act or to a non-transferable written acknowledgement of the holder’s right to obtain a security certificate that complies with this Act from a company in respect of the securities of that company held by the security holder. Fee for security certificate (2) A company may charge a fee, not exceeding a prescribed amount, for a security certificate issued in respect of a transfer. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 88-91 Joint holders (3) A company is not required to issue more than one security certificate in respect of securities held jointly by several persons, and delivery of a security certificate to one of several joint holders is sufficient delivery to all joint holders of the security. 1991, c. 45, s. 88; 1999, c. 31, s. 214. Signatures 89 (1) A security certificate shall be signed by or bear the printed or otherwise mechanically reproduced signature of at least one of the following: (a) a director or officer of the company; (b) a registrar or transfer agent of the company or a branch transfer agent or a natural person on their behalf; or (c) a trustee who certifies it in accordance with a trust indenture. Continuation of validity of signature (2) If a security certificate contains a person’s printed or mechanically reproduced signature, the company may issue the security certificate even if the person has ceased to be a director or officer of the company. The security certificate is as valid as if the person were a director or officer at the date of its issue. 1991, c. 45, s. 89; 2005, c. 54, s. 377. Contents of share certificate 90 There shall be stated on the face of each share certificate issued by a company after the coming into force of this section (a) the name of the company; (b) a statement that the company is subject to the Trust and Loan Companies Act; (c) the name of the person to whom the share certificate is issued; and (d) the number and class of shares and the designation of any series that the certificate represents. Restrictions and charges 91 (1) No charge in favour of a company and no restriction on transfer other than a constraint under Part VII is effective against a transferee of a security issued by the company if the transferee has no actual knowledge of the charge or restriction unless it or a reference to it is noted conspicuously on the security certificate. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 91-92 No restriction (2) If any of the issued shares of a distributing company remain outstanding and are held by more than one person, the company may not restrict the transfer or ownership of its shares except by way of a constraint under Part VII. Continuance (3) If a body corporate that is continued as a company under this Act has outstanding security certificates and the words “private company” or “private corporation” appear on the certificates, those words are deemed to be a notice of a charge or restriction for the purposes of subsection (1). 1991, c. 45, s. 91; 2005, c. 54, s. 378. Particulars of class 92 (1) There shall be stated legibly on a share certificate issued after the coming into force of this section by a company that is authorized to issue shares of more than one class or series (a) the rights, privileges, restrictions and conditions attached to the shares of each class and series existing when the share certificate is issued; or (b) that the class or series of shares that the certificate represents has rights, privileges, restrictions or conditions attached thereto and that the company will furnish a shareholder, on demand and without charge, with a full copy of (i) the text of the rights, privileges, restrictions and conditions attached to each class authorized to be issued and to each series in so far as those rights, privileges, restrictions and conditions have been fixed by the directors, and (ii) the text of the authority of the directors, if the directors are so authorized, to fix the rights, privileges, restrictions and conditions of subsequent series of shares. Duty (2) Where a share certificate issued by a company contains the statement mentioned in paragraph (1)(b), the company shall provide a shareholder, on demand and without charge, with a full copy of the texts referred to in subparagraphs (1)(b)(i) and (ii). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 93-96 Fractional share 93 A company may issue a certificate for a fractional share or may issue in place thereof a scrip certificate in bearer form that entitles the holder to receive a certificate for a full share by exchanging scrip certificates aggregating a full share. Scrip certificates 94 The directors of a company may attach conditions to any scrip certificate issued by the company, including conditions that (a) the scrip certificate becomes void if not exchanged for a share certificate representing a full share before a specified date; and (b) any shares for which the scrip certificate is exchangeable may, notwithstanding any pre-emptive right, be issued by the company to any person and the proceeds thereof may be distributed rateably to the holders of all the scrip certificates. Holders of fractional shares 95 (1) A holder of a fractional share issued by a company is not entitled to exercise voting rights or to receive a dividend in respect of the fractional share. Holders of scrip certificates (2) A holder of a scrip certificate is not entitled to exercise voting rights or to receive a dividend in respect of the scrip certificate. Dealings with registered owner 96 (1) A company or a trustee within the meaning of section 299 may, subject to subsections 140(5) to (7) and sections 141 to 144 and 148, treat the registered owner of a security as the person exclusively entitled to vote, to receive notices, to receive any interest, dividend or other payment in respect of the security and to exercise all of the rights and powers of an owner of the security. Constructive registered holder (2) Notwithstanding subsection (1), a company may treat a person as a registered security holder entitled to exercise all of the rights of the security holder that the person represents, if that person provides the company with evidence as described in subsection 130(4) that the person is (a) the heir or personal representative of a deceased security holder or the personal representative of the heirs of the deceased security holder; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 96-99 (b) the personal representative of a registered security holder who is a minor, an incompetent person or a missing person; or (c) a liquidator of, or a trustee in bankruptcy for, a registered security holder. Permissible registered holder (3) If a person on whom the ownership of a security of a company devolves by operation of law, other than a person described in subsection (2), provides proof of that person’s authority to exercise rights or privileges in respect of a security of the company that is not registered in the person’s name, the company shall, subject to this Act, treat that person as entitled to exercise those rights or privileges. Immunity of company (4) A company is not required to inquire into the existence of, or see to the performance or observance of, any duty owed to a third person by a registered holder of any of its securities or by anyone whom it treats, as permitted or required by this Part, as the owner or registered holder thereof. 1991, c. 45, s. 96; 2005, c. 54, s. 379. Minors 97 If a minor exercises any rights of ownership in the securities of a company, no subsequent repudiation or avoidance is effective against the company. 1991, c. 45, s. 97; 2005, c. 54, s. 380(E). Joint shareholders 98 A company may treat as owners of a security the survivors of persons to whom the security was issued as joint holders, if the company receives proof satisfactory to it of the death of any of the joint holders. Transmission of securities 99 (1) Subject to the provisions of Part VII and any applicable law relating to the collection of taxes, a person referred to in paragraph 96(2)(a) is entitled to become registered as the owner of a security, or to designate another person to be registered as the owner of a security, if the person referred to in paragraph 96(2)(a) delivers to the company or its transfer agent (a) the original grant of probate or of letters of administration, or a copy thereof certified to be a true copy by (i) the court that granted the probate or letters of administration, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Section 99 (ii) a company that is a trust company pursuant to subsection 57(2) or a trust company incorporated by or under the laws of a province, or (iii) a lawyer or notary acting on behalf of the person referred to in paragraph 96(2)(a), or (b) in the case of transmission by notarial will in the Province of Quebec, a copy thereof authenticated pursuant to the laws of that Province, together with (c) an affidavit or declaration of transmission made by the person referred to in paragraph 96(2)(a) that states the particulars of the transmission, and (d) the security certificate that was owned by the deceased holder (i) in the case of a transfer to the person referred to in paragraph 96(2)(a), with or without the endorsement of that person, and (ii) in the case of a transfer to any other person, endorsed in accordance with section 114, and accompanied by any assurance the company may require under section 130. Excepted transmissions (2) Notwithstanding subsection (1), if the laws of the jurisdiction governing the transmission of a security of a deceased holder do not require a grant of probate or of letters of administration in respect of the transmission, a personal representative of the deceased holder is entitled, subject to Part VII and any applicable law relating to the collection of taxes, to become registered as the owner or to designate a person to be registered as the owner, if the personal representative delivers to the company or its transfer agent the following documents, namely, (a) the security certificate that was owned by the deceased holder; and (b) reasonable proof of the governing laws, of the deceased holder’s interest in the security and of the right of the personal representative or the designated person to become the registered shareholder. Right of company to treat as owner (3) Subject to Part VII, delivery of the documents referred to in this section empowers a company or its transfer agent to record in a securities register the transmission of a security from the deceased holder to a person referred to in paragraph 96(2)(a) or to such person as the person referred to in that paragraph may designate Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 99-101 and, thereafter, to treat the person who becomes so registered as the owner of that security. Over-issue 100 (1) The provisions of this Part that validate a security or compel its issue or reissue do not apply to the extent that a validation, issue or reissue would result in over-issue, but (a) if a valid security similar in all respects to the security involved in the over-issue is reasonably available for purchase, the person entitled to the validation or issue may compel the issuer to purchase and deliver such a security to that person against surrender of the security that the person holds; or (b) if a valid security similar in all respects to the security involved in the over-issue is not reasonably available for purchase, the person entitled to the validation or issue may recover from the issuer an amount equal to the price the last purchaser for value paid for the invalid security. Retroactive validation (2) Where an issuer is subsequently authorized to issue securities of a number equal to or exceeding the number of securities previously authorized plus the amount of the securities over-issued, the securities so over-issued are valid from the date of their issue. Payment not a purchase or redemption (3) A purchase or payment by an issuer under subsection (1) is not a purchase or payment in respect of which section 74 or 80 applies. Burden of proof 101 In any action on a security, (a) unless specifically denied in the pleadings, each signature on the security or in a necessary endorsement is admitted; (b) a signature on the security is presumed to be genuine and authorized but, if the effectiveness of the signature is put in issue, the burden of establishing that it is genuine and authorized is on the party claiming under the signature; (c) if a signature is admitted or established, production of the instrument entitles a holder to recover on it unless the defendant establishes a defence or a defect going to the validity of the security; and (d) if the defendant establishes that a defence or defect exists, the plaintiff has the burden of establishing Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 101-103 that the defence or defect is ineffective against the plaintiff or any person under whom the plaintiff claims. Securities fungible 102 Unless otherwise agreed, and subject to any applicable law, regulation or stock exchange rule, a person required to deliver securities may deliver any security of the specified issue in bearer form or registered in the name of the transferee or endorsed to the transferee or in blank. Notice of defect 103 (1) Even against a purchaser for value and without notice of a defect going to the validity of a security, the terms of the security include those stated on the security and those incorporated therein by reference to another instrument, statute, rule, regulation or order to the extent that the terms so referred to do not conflict with the stated terms, but such a reference is not of itself notice to a purchaser for value of a defect going to the validity of the security, notwithstanding that the security expressly states that a person accepting it admits the notice. Purchaser for value (2) A security is valid in the hands of a purchaser for value without notice of any defect going to its validity. Lack of genuineness (3) Except as provided in section 104, the fact that a security is not genuine is a complete defence even against a purchaser for value and without notice. Ineffective defences (4) All defences of an issuer, including non-delivery and conditional delivery of a security but not including lack of genuineness, are ineffective against a purchaser for value without notice of the particular defence. Staleness as defect notice (5) After an event that creates a right to immediate performance of the principal obligation evidenced by a security, or that sets a date on or after which a security is to be presented or surrendered for redemption or exchange, a purchaser is deemed to have notice of any defect in its issue or of any defence of the issuer (a) if the event requires the payment of money or the delivery of securities, or both, on presentation or surrender of the security, and the funds or securities are available on the date set for payment or exchange, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 103-106 the purchaser takes the security more than one year after that date; or (b) if the purchaser takes the security more than two years after the date set for presentation or surrender or the date on which the performance became due. Unauthorized signature 104 An unauthorized signature on a security before or in the course of issue is ineffective, except that the signature is effective in favour of a purchaser for value and without notice of the lack of authority, if the signing has been done by (a) an authenticating trustee, registrar, transfer agent or other person entrusted by the issuer with the signing of the security, or of similar securities, or their immediate preparation for signing; or (b) an employee of the issuer or of a person referred to in paragraph (a) who, in the ordinary course of the employee’s duties, handles the security. Completion or alteration 105 (1) Where a security contains the signatures necessary to its issue or transfer but is incomplete in any other respect, (a) any person may complete it by filling in the blanks in accordance with the person’s authority; and (b) notwithstanding that the blanks are incorrectly filled in, the security as completed is enforceable by a purchaser who took it for value and without notice of the incorrectness. Enforceability (2) A completed security that has been improperly altered, even if fraudulently altered, remains enforceable, but only according to its original terms. Warranties of agents 106 (1) A person signing a security, as authenticating trustee, registrar, transfer agent or other person entrusted by the issuer with the signing of the security, warrants to a purchaser for value without notice that (a) the security is genuine; (b) the person’s acts in connection with the issue of the security are within the person’s authority; and (c) the person has reasonable grounds for believing that the security is in the form and within the amount the issuer is authorized to issue. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 106-109 Limitation of liability (2) Unless otherwise agreed, a person referred to in subsection (1) does not assume any further liability for the validity of a security. Title of purchaser 107 (1) Subject to Part VII, on delivery of a security the purchaser acquires the rights in the security that the purchaser’s transferor had or had authority to convey, except that the position of a purchaser who has been a party to any fraud or illegality affecting the security or who as a prior holder had notice of an adverse claim is not improved by taking from a later bona fide purchaser. Title of bona fide purchaser (2) A bona fide purchaser, in addition to acquiring the rights of a purchaser, also acquires the security free from any adverse claim. Limited interest purchaser (3) A purchaser of a limited interest acquires rights only to the extent of the interest purchased. Deemed notice of adverse claim 108 A purchaser of a security, or any securities broker for a seller or purchaser, is deemed to have notice of an adverse claim if (a) the security, whether in bearer form or registered form, has been endorsed “for collection” or “for surrender” or for some other purpose not involving transfer; or (b) the security is in bearer form and has on it a statement that it is the property of a person other than the transferor, except that the mere writing of a name on a security is not such a statement. Notice of fiduciary duty 109 Notwithstanding that a purchaser, or any securities broker for a seller or purchaser, has notice that a security is held for a third person by, or is registered in the name of or endorsed by, a fiduciary, neither the purchaser nor the securities broker has any duty to inquire into the rightfulness of the transfer or any notice of an adverse claim, except that if the purchaser or securities broker for the seller or purchaser knows that the consideration is to be used for, or that the transaction is for, the personal benefit of the fiduciary or is otherwise in breach of the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 109-111 fiduciary’s duty, the purchaser or securities broker is deemed to have notice of an adverse claim. Staleness as notice 110 An event that creates a right to immediate performance of the principal obligation evidenced by a security or that sets a date on or after which the security is to be presented or surrendered for redemption or exchange is not of itself notice of an adverse claim, except in the case of a purchase (a) made more than one year after any date set for such a presentation or surrender; or (b) made more than six months after any date set for payment of money against such a presentation or surrender if funds are available for payment on that date. Warranties to issuer 111 (1) A person who presents a security for registration of transfer or for payment or exchange warrants to the issuer that the person is entitled to the registration, payment or exchange, except that a purchaser for value without notice of an adverse claim who receives a new, reissued or re-registered security on registration of transfer warrants only that the purchaser has no knowledge of any unauthorized signature in a necessary endorsement. Warranties to purchaser (2) A person by transferring a security to a purchaser for value warrants only that (a) the transfer is effective and rightful; (b) the security is genuine and has not been materially altered; and (c) the person knows of nothing that might impair the validity of the security. Warranties of intermediary (3) Where a security is delivered by an intermediary known by the purchaser to be entrusted with delivery of the security on behalf of another or with collection of a draft or other claim to be collected against that delivery, the intermediary by that delivery warrants only the intermediary’s own good faith and authority even if the intermediary has purchased or made advances against the draft or other claim to be collected against the delivery. Warranties of pledgee (4) A pledgee or other holder for purposes of security who redelivers a security received, or after payment and on order of the debtor delivers that security to a third Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 111-113 person, gives only the warranties of an intermediary under subsection (3). Warranties of securities broker (5) A securities broker gives to the broker’s customer, to the issuer and to a purchaser, as the case may be, the warranties provided in subsections (1) to (4) and has the rights and privileges of a purchaser under those subsections, and those warranties of and in favour of the broker acting as an agent are in addition to warranties given by the broker’s customer and warranties given in favour of the broker’s customer. Right to compel endorsement 112 Where a security in registered form is delivered to a purchaser without a necessary endorsement, the purchaser may become a bona fide purchaser only as of the time the endorsement is supplied, but against the transferor the transfer is complete on delivery and the purchaser has a specifically enforceable right to have any necessary endorsement supplied. Definition of appropriate person 113 (1) In this section, section 114, subsections 121(1), 124(4) and 129(1) and section 133, appropriate person means (a) the person specified by the security or by special endorsement to be entitled to the security; (b) if a person described in paragraph (a) is described as a fiduciary but is no longer serving in the described capacity, either that person or that person’s successor; (c) if the security or endorsement mentioned in paragraph (a) specifies more than one person as fiduciaries and one or more of those persons are no longer serving in the described capacity, the remaining fiduciary or fiduciaries, whether or not a successor has been appointed; (d) if a person described in paragraph (a) is a natural person and is without capacity to act by reason of death, incompetence, minority or other reason, the person’s fiduciary; (e) if the security or endorsement mentioned in paragraph (a) specifies more than one person with right of survivorship and by reason of death not all of the persons can sign, the survivor or survivors; (f) a person having power to sign under any applicable law or a power of attorney; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 113-117 (g) to the extent that a person described in any of paragraphs (a) to (f) may act through an agent, the person’s authorized agent. Determining an appropriate person (2) Whether the person signing is an appropriate person is determined as of the time of signing, and an endorsement by such a person does not become unauthorized for the purposes of this Part by reason of any subsequent change of circumstances. Endorsement 114 (1) An endorsement of a security in registered form is made when an appropriate person signs, either on the security or on a separate document, an assignment or transfer of the security or a power to assign or transfer it, or when the signature of an appropriate person is written without more on the back of the security. Special or blank (2) An endorsement may be special or in blank. Blank endorsement (3) An endorsement in blank includes an endorsement to bearer. Special endorsement (4) A special endorsement specifies the person to whom the security is to be transferred, or who has power to transfer it. Right of holder (5) A holder may convert an endorsement in blank into a special endorsement. Immunity of endorser 115 Unless otherwise agreed, the endorser by the endorsement assumes no obligation that the security will be honoured by the issuer. Partial endorsement 116 An endorsement purporting to be an endorsement of only part of a security representing units intended by the issuer to be separately transferable is effective to the extent of the endorsement. Effect of failure by fiduciary to comply 117 Failure of a fiduciary to comply with a controlling instrument or with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of a transfer, does not render the fiduciary’s endorsement unauthorized for the purposes of this Part. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 118-121 Effect of endorsement without delivery 118 An endorsement of a security, whether special or in blank, does not constitute a transfer until delivery of the security on which it appears or, if the endorsement is on a separate document, until delivery of both the security and that document. Endorsement in bearer form 119 An endorsement of a security in bearer form may give notice of an adverse claim under section 108 but does not otherwise affect any of the holder’s rights. Effect of unauthorized endorsement 120 (1) The owner of a security may assert the ineffectiveness of an endorsement against the issuer or any purchaser, other than a purchaser for value and without notice of an adverse claim, who has in good faith received a new, reissued or re-registered security on registration of transfer, unless the owner (a) has ratified an unauthorized endorsement of the security; or (b) is otherwise precluded from impugning the effectiveness of an unauthorized endorsement. Liability of issuer (2) An issuer who registers the transfer of a security on an unauthorized endorsement is liable for improper registration. Warranties of guarantor of signature 121 (1) A person who guarantees the signature of an endorser of a security warrants that, at the time of signing, (a) the signature was genuine; (b) the signer was an appropriate person to endorse; and (c) the signer had legal capacity to sign. Limitation of liability (2) A person who guarantees the signature of an endorser does not otherwise warrant the rightfulness of the transfer to which the signature relates. Warranties of guarantor of endorsement (3) A person who guarantees the endorsement of a security warrants both the signature and the rightfulness, in all respects, of the transfer to which the signature relates, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 121-123 but an issuer may not require a guarantee of endorsement as a condition to registration of transfer. Extent of warrantor’s liability (4) The warranties referred to in subsections (1) to (3) are made to any person who, relying on the guarantee, takes or deals with the security, and the guarantor is liable to such a person for any loss resulting from breach of warranty. Constructive delivery of a security 122 Delivery to a purchaser occurs when (a) the purchaser or a person designated by the purchaser acquires possession of a security; (b) the purchaser’s securities broker acquires possession of a security specially endorsed to or issued in the name of the purchaser; (c) the purchaser’s securities broker sends the purchaser confirmation of the purchase and the broker in the broker’s records identifies a specific security as belonging to the purchaser; or (d) in respect of an identified security to be delivered while still in the possession of a third person, that person acknowledges that it is held for the purchaser. Constructive ownership of security 123 (1) A purchaser is the owner of a security held for the purchaser by a securities broker, but a purchaser is not a holder except in the cases referred to in paragraphs 122(b) and (c). Ownership of part of fungible bulk (2) If a security is part of a fungible bulk, a purchaser of the security is the owner of the proportionate interest in the fungible bulk. Notice to securities broker of adverse claim (3) Notice of an adverse claim received by a securities broker or by a purchaser after the broker takes delivery as a holder for value is not effective against the broker or the purchaser, except that, as between the broker and the purchaser, the purchaser may demand delivery of an equivalent security in respect of which no notice of an adverse claim has been received. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Section 124 Delivery of security 124 (1) Unless otherwise agreed, if a sale of a security is made on a stock exchange or otherwise through securities brokers, (a) the selling customer fulfils the customer’s duty to deliver when the customer delivers the security to the selling securities broker or to a person designated by the selling securities broker or causes an acknowledgement to be made to the selling securities broker that it is held for the selling securities broker; and (b) the selling securities broker, including a correspondent broker, acting for a selling customer fulfils the securities broker’s duty to deliver by delivering the security or a like security to the buying securities broker or to a person designated by the buying securities broker or by effecting clearance of the sale in accordance with the rules of the exchange on which the transaction took place. Duty to deliver (2) Except as otherwise provided in this section and unless otherwise agreed, a transferor’s duty to deliver a security under a contract of purchase is not fulfilled until the transferor delivers the security in negotiable form to the purchaser or to a person designated by the purchaser, or causes an acknowledgement to be made to the purchaser that the security is held for the purchaser. Delivery to securities broker (3) A sale to a securities broker purchasing for the securities broker’s own account is subject to subsection (2) and not subsection (1), unless the sale is made on a stock exchange. Transfer through clearing agency (4) If a security shown in the records of a clearing agency is evidenced by (a) a security certificate in the custody of the clearing agency or a custodian, or a nominee of either, subject to the instructions of the clearing agency, and is in bearer form or endorsed in blank by an appropriate person or registered in the name of the clearing agency or a custodian, or of a nominee of either, or (b) an uncertificated security registered or recorded in records maintained by or on behalf of the company in the name of the clearing agency or a custodian, or of a nominee of either, subject to the instructions of the clearing agency, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Section 124 then, in addition to other methods, a transfer or pledge of the security or any interest therein may be effected by the making of an appropriate entry in the records of the clearing agency. Interest in fungible bulk (5) Under subsections (4) to (10), entries may be in respect of like securities or interests therein as part of a fungible bulk and may refer merely to a quantity of a particular security without reference to the name of the registered owner, certificate or bond number or the like and, in appropriate cases, may be on a net basis taking into account other transfers or pledges of the same security. Constructive endorsement and delivery (6) A transfer or pledge under subsections (4) to (10) has the effect of a delivery of a security in bearer form or duly endorsed in blank representing the amount of the obligation or the number of shares or rights transferred or pledged. Idem (7) If a pledge or the creation of a security interest is intended, the making of entries has the effect of a taking of delivery by the pledgee or a secured party and the pledgee or secured party shall be deemed to have taken possession for all purposes. Holder (8) A person depositing a security certificate or an uncertificated security with a clearing agency, or a transferee or pledgee of a security under subsections (4) to (10), is a holder of the security and shall be deemed to have possession of the security so deposited, transferred or pledged, as the case may be, for all purposes. Not registration (9) A transfer or pledge under subsections (4) to (10) does not constitute a registration of transfer under sections 129 to 136. Error in records (10) That entries made in the records of the clearing agency as provided in subsection (4) are not appropriate does not affect the validity or effect of the entries nor the liabilities or obligations of the clearing agency to any person adversely affected thereby. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 125-128 Right to reclaim possession 125 (1) A person against whom the transfer of a security is wrongful for any reason, including the person’s incapacity, may, against anyone except a bona fide purchaser, (a) reclaim possession of the security or obtain possession of any new security evidencing all or part of the same rights; or (b) claim damages. Recovery where unauthorized endorsement (2) If the transfer of a security is wrongful by reason of an unauthorized endorsement, the owner may reclaim possession of the security or a new security even from a bona fide purchaser if the ineffectiveness of the purported endorsement is asserted against the purchaser under section 120. Remedies (3) The right to reclaim possession of a security may be specially enforced, its transfer may be restrained and the security may be impounded pending litigation. Right to requisites for registration 126 (1) Unless otherwise agreed, a transferor shall, on demand, supply a purchaser with proof of the transferor’s authority to transfer a security or with any other requisite that is necessary to obtain registration of the transfer of a security, but if the transfer is not for value, it is not necessary for a transferor to prove authority to transfer unless the purchaser pays the reasonable and necessary costs of the proof and transfer. Rescission of transfer (2) If a transferor fails to comply with a demand under subsection (1) within a reasonable time, the purchaser may reject or rescind the transfer. Seizure of security 127 No seizure of a security or other interest evidenced thereby is effective until the person making the seizure obtains possession of the security. No conversion if good faith delivery 128 An agent or bailee who in good faith, including observance of reasonable commercial standards if the agent or bailee is in the business of buying, selling or otherwise dealing with securities of a company, has received securities and sold, pledged or delivered them according to the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 128-130 instructions of the agent’s or bailee’s principal is not liable for conversion or for participation in breach of fiduciary duty even though the principal has no right to dispose of the securities. Duty to register transfer 129 (1) Subject to Part VII, where a security in registered form is presented for transfer, the issuer shall register the transfer if (a) the security is endorsed by an appropriate person; (b) reasonable assurance is given that the endorsement is genuine and effective; (c) the issuer has no duty to inquire into adverse claims or has discharged any such duty; (d) all applicable laws relating to the collection of taxes have been complied with; (e) the transfer is rightful or is to a bona fide purchaser; and (f) the fee, if any, referred to in subsection 88(2) has been paid. Liability for delay (2) Where an issuer has a duty to register a transfer of a security, the issuer is liable to the person presenting it for registration for any loss resulting from any unreasonable delay in registration or from the failure or refusal to register the transfer. Assurance of endorsements 130 (1) An issuer may require an assurance that each necessary endorsement on a security is genuine and effective by requiring a guarantee of the signature of the person endorsing the security and by requiring (a) if the endorsement is by an agent, reasonable assurance of authority to sign; (b) if the endorsement is by a fiduciary, evidence of appointment or incumbency; (c) if there is more than one fiduciary, reasonable assurance that all who are required to sign have done so; and (d) in any other case, assurance that corresponds as closely as practicable to the foregoing. Definition of guarantee of the signature (2) For the purposes of subsection (1), guarantee of the signature means a guarantee signed by or on behalf of a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 130-132 person whom the issuer believes, on reasonable grounds, to be a responsible person. Standards (3) An issuer may adopt reasonable standards to determine responsible persons for the purposes of subsection (2). Definition of evidence of appointment or incumbency (4) For the purposes of paragraph (1)(b), evidence of appointment or incumbency means (a) in the case of a fiduciary appointed by a court and referred to in subsection 99(1), a copy of the certified court order referred to in subsection 99(1) and dated not earlier than sixty days before the day a security is presented for transfer; or (b) in the case of any other fiduciary, a copy of a document showing the appointment or other evidence believed by the issuer to be appropriate. Standards (5) An issuer may adopt reasonable standards with respect to evidence referred to in paragraph (4)(b). No notice to issuer (6) An issuer is deemed not to have notice of the contents of any document referred to in subsection (4) that is obtained by the issuer except to the extent that the contents relate directly to appointment or incumbency. Notice from additional documentation 131 If an issuer, in relation to a transfer, demands assurance other than an assurance specified in subsection 130(1) and obtains a copy of a will, trust or partnership agreement or a by-law or similar document, the issuer is deemed to have notice of all matters contained therein affecting the transfer. Limited duty of inquiry 132 (1) An issuer to whom a security is presented for registration has a duty to inquire into adverse claims if (a) the issuer receives written notice of an adverse claim at a time and in a manner that provides the issuer with a reasonable opportunity to act on it before the issue of a new, reissued or re-registered security and the notice discloses the name and address of the claimant, the registered owner and the issue of which the security is a part; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 132-133 (b) the issuer is deemed to have notice of an adverse claim from a document that it obtained under section 131. Discharge of duty (2) An issuer may discharge a duty of inquiry by any reasonable means, including notifying an adverse claimant by registered mail sent to the address provided by the adverse claimant or, if no such address has been provided, to the adverse claimant’s residence or regular place of business, that a security has been presented for registration of transfer by a named person and that the transfer will be registered unless, within thirty days after the date of mailing of the notice, either (a) the issuer is served with a restraining order or other order of a court, or (b) the issuer is provided with an indemnity bond sufficient in the issuer’s judgment to protect the issuer and any registrar, transfer agent or other agent of the issuer from any loss that may be incurred by any of them as a result of complying with the adverse claim. Inquiry into adverse claims 133 Unless an issuer is deemed to have notice of an adverse claim from a document that it obtained under section 131 or has received notice of an adverse claim under subsection 132(1), if a security presented for registration is endorsed by the appropriate person, the issuer has no duty to inquire into adverse claims and, in particular, (a) an issuer registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent or correct description of the fiduciary relationship and thereafter the issuer may assume without inquiry that the newly registered owner continues to be the fiduciary until the issuer receives written notice that the fiduciary is no longer acting as such with respect to the particular security; (b) an issuer registering a transfer on an endorsement by a fiduciary has no duty to inquire into whether the transfer is made in compliance with the document or with the law of the jurisdiction governing the fiduciary relationship; and (c) an issuer is deemed not to have notice of the contents of any court record or any registered document even if the record or document is in the issuer’s possession and even if the transfer is made on the endorsement of a fiduciary to the fiduciary specifically or to the fiduciary’s nominee. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 134-136 Duration of notice of adverse claim 134 A written notice of adverse claim received by an issuer is effective for twelve months after the day it was received unless the notice is renewed in writing. Limitation on issuer’s liability 135 (1) Except as otherwise provided in any applicable law relating to the collection of taxes, an issuer is not liable to the owner or any other person who incurs a loss as a result of the registration of a transfer of a security if (a) the necessary endorsements were on or with the security; and (b) the issuer had no duty to inquire into adverse claims or had discharged any such duty. Duty of issuer on default (2) If an issuer has registered a transfer of a security to a person not entitled to it, the issuer shall on demand deliver a like security to the owner unless (a) the issuer is not liable by virtue of subsection (1); (b) the owner is precluded by subsection 136(1) from asserting any claim; or (c) the delivery would result in over-issue in respect of which section 100 applies. Lost or stolen security 136 (1) Where a security has been lost, apparently destroyed or wrongfully taken, and the owner fails to notify the issuer of that fact by giving the issuer written notice of the owner’s adverse claim within a reasonable time after the owner knows of the loss, destruction or taking, then, if the issuer has registered a transfer of the security before receiving the notice, the owner is precluded from asserting against the issuer any claim to a new security. Duty to issue new security (2) Where the owner of a security claims that the security has been lost, destroyed or wrongfully taken, the issuer shall issue a new security in place of the original security if the owner (a) so requests before the issuer has notice that the security has been acquired by a bona fide purchaser; (b) provides the issuer with a sufficient indemnity bond; and (c) satisfies any other reasonable requirements imposed by the issuer. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART V Capital Structure Security Certificates and Transfers Sections 136-139 Duty to register transfer (3) If, after the issue of a new security under subsection (2), a bona fide purchaser of the original security presents the original security for registration of transfer, the issuer shall register the transfer unless registration would result in over-issue in respect of which section 100 applies. Right of issuer to recover (4) In addition to the rights that an issuer has by reason of an indemnity bond, the issuer may recover the new security issued under subsection (2) from the person to whom it was issued or any person taking under that person other than a bona fide purchaser. Authenticating agent’s duty 137 An authenticating trustee, registrar, transfer agent or other agent of an issuer has, in respect of the issue, registration of transfer and cancellation of a security of the issuer, (a) a duty to the issuer to exercise good faith and reasonable diligence; and (b) the same obligations to the holder or owner of a security and the same rights, privileges and immunities as the issuer. Notice to agent 138 Notice to an authenticating trustee, registrar, transfer agent or other agent of an issuer is notice to the issuer in respect of the functions performed by the agent. PART VI Corporate Governance Shareholders Place of meetings 139 (1) Meetings of shareholders of a company shall be held at the place within Canada provided for in the bylaws of the company or, in the absence of any such provision, at the place within Canada that the directors determine. Participation by electronic means (2) Unless the by-laws provide otherwise, any person who is entitled to attend a meeting of shareholders may participate in the meeting by means of a telephonic, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 139-140 electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting if the company makes one available. A person who is participating in a meeting by one of those means is deemed for the purposes of this Act to be present at the meeting. Regulations (3) The Governor in Council may make regulations respecting the manner of and conditions for participating in a meeting by means of a telephonic, electronic or other communication facility that permits all participants to communicate adequately with each other during the meeting. 1991, c. 45, s. 139; 2005, c. 54, s. 381. Calling meetings 140 (1) The directors of a company (a) shall, after the meeting called pursuant to subsection 50(1), call the first annual meeting of shareholders of the company, which meeting must be held not later than six months after the end of the first financial year of the company, and subsequently call an annual meeting of shareholders, which meeting must be held not later than six months after the end of each financial year; and (b) may at any time call a special meeting of shareholders. Order to delay calling annual meeting (2) Despite subsection (1), the company may apply to the court for an order extending the time for calling an annual meeting. Obligation to notify Superintendent (3) The company shall give notice of the application to the Superintendent before any hearing concerning the application and shall provide the Superintendent with a copy of any order that is issued. Superintendent’s right to appear (4) The Superintendent is entitled to appear and be heard in person or by counsel at any hearing concerning the application. Authority to fix record date (5) The directors may in advance fix a record date, that is within the prescribed period, for the determination of shareholders for any purpose, including for a determination of which shareholders are entitled to (a) receive payment of a dividend; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 140-141 (b) participate in a liquidation distribution; (c) receive notice of a meeting of shareholders; or (d) vote at a meeting of shareholders. Determination of record date (6) If no record date is fixed, (a) the record date for the determination of shareholders who are entitled to receive notice of a meeting of shareholders is (i) at the close of business on the day immediately preceding the day on which the notice is given, or (ii) if no notice is given, the day on which the meeting is held; and (b) the record date for the determination of shareholders for any other purpose, other than to establish a shareholder’s right to vote, is at the close of business on the day on which the directors pass a resolution in respect of that purpose. Notice of record date (7) If a record date is fixed and unless notice of the record date is waived in writing by every holder of a share of the class or series affected whose name is set out in the securities register at the close of business on the day on which the directors fix the record date, notice of the record date shall be given within the prescribed period by (a) advertisement in a newspaper in general circulation in the place where the company’s head office is situated and in each place in Canada where the company has a transfer agent or where a transfer of its shares may be recorded; and (b) written notice to each stock exchange in Canada on which the company’s shares are listed for trading. 1991, c. 45, s. 140; 2005, c. 54, s. 382. Notice of meeting 141 (1) Notice of the time and place of a meeting of shareholders of a company shall be sent within the prescribed period to (a) each shareholder entitled to vote at the meeting; (b) each director; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 141-144 (c) the auditor of the company; and (d) the Superintendent. Exception (1.01) In the case of a company that is not a distributing company, notice may be sent within any shorter period specified in its by-laws. Publication in newspaper (2) In addition to the notice required under subsection (1), where any class of shares of a company is publicly traded on a recognized stock exchange in Canada, notice of the time and place of a meeting of shareholders shall be published once a week for at least four consecutive weeks before the date of the meeting in a newspaper in general circulation in the place where the head office of the company is situated and in each place in Canada where the company has a transfer agent or where a transfer of the company’s shares may be recorded. 1991, c. 45, s. 141; 2005, c. 54, s. 383. Notice not required 142 (1) Notice of a meeting is not required to be sent to shareholders who are not registered on the records of the company or the company’s transfer agent on the record date fixed under paragraph 140(5)(c) or determined under paragraph 140(6)(a). Effect of default (2) Failure to receive a notice of a meeting of shareholders does not deprive a shareholder of the right to vote at the meeting. 1991, c. 45, s. 142; 2005, c. 54, s. 384. Notice of adjourned meeting 143 (1) If a meeting of shareholders is adjourned for less than thirty days, it is not necessary, unless the bylaws otherwise provide, to give notice of the adjourned meeting, other than by announcement at the earliest meeting that is adjourned. Notice of continuation of meeting (2) If a meeting of shareholders is adjourned by one or more adjournments for a total of thirty days or more, notice of the continuation of the meeting shall be given as for an original meeting but, unless the meeting is adjourned by one or more adjournments for a total of more than ninety days, subsection 160.04(1) does not apply. 1991, c. 45, s. 143; 1997, c. 15, s. 346. Special business 144 (1) All matters dealt with at a special meeting of shareholders and all matters dealt with at an annual Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 144-146 meeting of shareholders, except consideration of the financial statements, auditor’s report, election of directors, remuneration of directors and reappointment of the incumbent auditor, are deemed to be special business. Notice of special business (2) Notice of a meeting of shareholders at which special business is to be transacted must (a) state the nature of the special business in sufficient detail to permit a shareholder to form a reasoned judgment thereon; and (b) contain the text of any special resolution to be submitted to the meeting. Waiver of notice 145 (1) A shareholder and any other person entitled to attend a meeting of shareholders may in any manner waive notice of a meeting of shareholders. Idem (2) Attendance at a meeting of shareholders is a waiver of notice of the meeting, except when a person attends the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called. 1991, c. 45, s. 145; 2001, c. 9, s. 495(F). Proposals 146 (1) Subject to subsections (1.1) and (1.2), a registered holder or beneficial owner of shares that may be voted at an annual meeting of shareholders may (a) submit to the company notice of any matter that they propose to raise at the meeting (in this section and section 147 referred to as a “proposal”); and (b) discuss at the meeting any matter in respect of which they would have been entitled to submit a proposal. Eligibility to submit proposal (1.1) To be eligible to submit a proposal a person shall (a) for at least the prescribed period be the registered holder or beneficial owner of at least the prescribed number of the company’s outstanding shares; or (b) have the support of persons who, in the aggregate and including or not including the person who submits the proposal, have for at least the prescribed period been the registered holders or beneficial owners of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Section 146 at least the prescribed number of the company’s outstanding shares. Information to be provided (1.2) A proposal is to be accompanied by the following information: (a) the name and address of the person submitting the proposal and the names and addresses of their supporters, if any; and (b) the number of shares held or owned by the person and their supporters, if any, and the date that the shares were acquired. Information not part of proposal (1.3) The information provided under subsection (1.2) does not form part of a proposal or of the supporting statement referred to in subsection (3) and is not to be included for the purpose of the prescribed maximum number of words referred to in subsection (3). Proof may be required (1.4) If the company requests within the prescribed period that a person provide proof that they are eligible to submit a proposal, the person shall within the prescribed period provide proof that they meet the requirements of subsection (1.1). Management proxy (2) A company that solicits proxies shall, in the management proxy circular required by subsection 160.05(1), set out any proposal of a shareholder submitted for consideration at a meeting of shareholders or attach the proposal to the management proxy circular. Supporting statement (3) At the request of the person who submits a proposal, the company shall set out in the management proxy circular or attach to it the person’s statement in support of the proposal and their name and address. The statement and proposal together are not to exceed the prescribed maximum number of words. Nomination of directors (4) A proposal may include nominations for the election of directors if it is signed by one or more registered holders or beneficial owners of shares representing in the aggregate not less than 5% of the shares of the company or 5% of the shares of a class of its shares entitled to vote at the meeting at which the proposal is to be presented. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Section 146 Exemption (5) A company is not required to comply with subsections (2) and (3) if (a) the proposal is not submitted to the company at least the prescribed number of days before the anniversary date of the notice of meeting that was sent to shareholders in respect of the previous annual meeting of shareholders; (b) it clearly appears that the primary purpose of the proposal is to enforce a personal claim or redress a personal grievance against the company or its directors, officers or security holders; (b.1) it clearly appears that the proposal does not relate in a significant way to the business or affairs of the company; (c) the person submitting the proposal failed within the prescribed period before the company receives their proposal to present, in person or by proxy, at a meeting of shareholders a proposal that at their request had been set out in or attached to a management proxy circular; (d) substantially the same proposal was set out in or attached to a management proxy circular or dissident’s proxy circular relating to, and presented to shareholders at, a meeting of shareholders held within the prescribed period before the receipt of the proposal and did not receive the prescribed minimum amount of support at the meeting; or (e) the rights conferred by subsections (1) to (4) are being abused to secure publicity. Company may refuse to include proposal (5.1) If a person who submits a proposal fails to continue to hold or own shares in accordance with paragraph (1.1)(a) or, as the case may be, does not continue to have the support of persons who are in the aggregate the registered holders or beneficial owners of the prescribed number of shares in accordance with paragraph (1.1)(b) until the end of the meeting, the company is not required to set out any proposal submitted by that person in or attach it to a management proxy circular for any meeting held within the prescribed period after the day of the meeting. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 146-148 Immunity for proposal and statement (6) No company or person acting on behalf of a company incurs any liability by reason only of circulating a proposal or statement in compliance with subsections (2) and (3). 1991, c. 45, s. 146; 1997, c. 15, s. 347; 2005, c. 54, s. 385. Notice of refusal 147 (1) If a company refuses to include a proposal in a management proxy circular, it shall in writing notify the person submitting the proposal of its intention to omit the proposal from the management proxy circular and of the reasons for the refusal. It shall notify the person within the prescribed period after either the day on which it receives the proposal or, if it has requested proof under subsection 146(1.4), the day on which it receives the proof. Application to court (2) On the application of a person submitting a proposal who claims to be aggrieved by a company’s refusal under subsection (1), a court may restrain the holding of the meeting at which the proposal is sought to be presented and make any further order that it thinks fit. Idem (3) A company or any person claiming to be aggrieved by a proposal may apply to a court for an order permitting the company to omit the proposal from the management proxy circular, and the court, if it is satisfied that subsection 146(5) applies, may make such order as it thinks fit. Notice to Superintendent (4) An applicant under subsection (2) or (3) shall give the Superintendent written notice of the application and the Superintendent may appear and be heard at the hearing of the application in person or by counsel. 1991, c. 45, s. 147; 2005, c. 54, s. 386. List of shareholders entitled to notice 148 (1) A company shall prepare an alphabetical list of shareholders entitled to receive notice of a meeting showing the number of shares held by each shareholder (a) if a record date is fixed under paragraph 140(5)(c), no later than 10 days after that date; and (b) if no record date is fixed, on the record date determined under paragraph 140(6)(a). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 148-150 Voting list (2) The company shall prepare an alphabetical list of shareholders entitled to vote as of the record date showing the number of shares held by each shareholder (a) if a record date is fixed under paragraph 140(5)(d), no later than 10 days after that date; and (b) if no record date is fixed under paragraph 140(5)(d), no later than 10 days after a record date is fixed under paragraph 140(5)(c) or no later than the record date determined under paragraph 140(6)(a), as the case may be. Entitlement to vote (3) A shareholder whose name appears on a list prepared under subsection (2) is entitled to vote the shares shown opposite their name. Examination of list (4) A shareholder may examine the list of shareholders (a) during usual business hours at the head office of the company or at the place where its central securities register is maintained; and (b) at the meeting of shareholders for which the list was prepared. 1991, c. 45, s. 148; 2001, c. 9, s. 496; 2005, c. 54, s. 387. Quorum 149 (1) Unless the by-laws otherwise provide, a quorum of shareholders is present at a meeting of shareholders if the holders of a majority of the shares who are entitled to vote at the meeting are present in person or represented by proxyholders. Idem (2) If a quorum is present at the opening of a meeting of shareholders, the shareholders present may, unless the by-laws otherwise provide, proceed with the business of the meeting, notwithstanding that a quorum is not present throughout the meeting. Idem (3) If a quorum is not present at the opening of a meeting of shareholders, the shareholders present may adjourn the meeting to a fixed time and place but may not transact any other business. One shareholder meeting 150 If a company has only one shareholder, or only one holder of any class or series of shares, the shareholder Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 150-154 present in person or represented by a proxyholder constitutes a meeting of shareholders or a meeting of shareholders of that class or series. One share — one vote 151 (1) Where a share of a company entitles the holder thereof to vote at a meeting of shareholders, that share entitles the shareholder to one vote at the meeting. Exception (2) Notwithstanding subsection (1), a share of a formerAct company issued (a) on or before September 27, 1990 that entitled the holder to more than one vote, or to a fraction of a vote, at a meeting of shareholders in respect of that share, or (b) after September 27, 1990 pursuant to the conversion of a security of the former-Act company that was issued with such conversion privilege prior to that date continues to entitle that holder or any subsequent holder of the share to exercise such voting rights. Representative shareholder 152 (1) If an entity is a shareholder of a company, the company shall recognize any natural person authorized by a resolution of the directors or governing body or similar authority of the entity to represent it at meetings of shareholders of the company. Idem (2) A natural person authorized under subsection (1) to represent an entity may exercise on behalf of the entity all the powers the entity could exercise if it were a natural person as well as a shareholder. Joint shareholders 153 Unless the by-laws otherwise provide, if two or more persons hold shares jointly, one of those holders present at a meeting of shareholders may in the absence of the others vote the shares, but if two or more of those persons who are present in person or represented by proxyholder vote, they shall vote as one on the shares jointly held by them. Voting by hands or ballot 154 (1) Unless the by-laws otherwise provide, voting at a meeting of shareholders shall take place by show of hands except when a ballot is demanded by either a shareholder or proxyholder entitled to vote at the meeting. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 154-155 Ballot (2) A shareholder or proxyholder may demand a ballot either before or after any vote by show of hands. Electronic voting (3) Despite subsection (1) and unless the by-laws provide otherwise, any vote referred to in that subsection may be held entirely by means of a telephonic, electronic or other communication facility if the company makes one available. Voting while participating electronically (4) Unless the by-laws provide otherwise, any person who is participating in a meeting of shareholders under subsection 139(2) and entitled to vote at that meeting may vote by means of the telephonic, electronic or other communication facility that the company has made available for that purpose. Regulations (5) The Governor in Council may make regulations respecting the manner of and conditions for voting at a meeting of shareholders by means of a telephonic, electronic or other communication facility. 1991, c. 45, s. 154; 2005, c. 54, s. 388. Resolution in lieu of meeting 155 (1) Except where a written statement is submitted by a director under section 178 or by an auditor under subsection 326(1), (a) a resolution in writing signed by all the shareholders entitled to vote on that resolution at a meeting of shareholders is as valid as if it had been passed at a meeting of the shareholders; and (b) a resolution in writing dealing with all matters required by this Act to be dealt with at a meeting of shareholders, and signed by all the shareholders entitled to vote at that meeting, satisfies all the requirements of this Act relating to meetings of shareholders. Filing resolution (2) A copy of every resolution referred to in subsection (1) shall be kept with the minutes of the meetings of shareholders. Evidence (3) Unless a ballot is demanded, an entry in the minutes of a meeting that the chairperson declared a resolution to be carried or defeated is in the absence of evidence to the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 155-156 contrary proof of that fact without proof of the number or proportion of votes recorded in favour of or against the resolution. 1991, c. 45, s. 155; 2005, c. 54, s. 389. Requisitioned meeting 156 (1) Shareholders who together hold not less than 5 per cent of the issued and outstanding shares of a company that carry the right to vote at a meeting sought to be held may requisition the directors to call a meeting of shareholders for the purposes stated in the requisition. Form (2) A requisition referred to in subsection (1) (a) must state the business to be transacted at the meeting and must be sent to each director and to the head office of the company; and (b) may consist of several documents of like form, each signed by one or more shareholders. Directors calling meeting (3) On receipt of a requisition referred to in subsection (1), the directors shall call a meeting of shareholders to transact the business stated in the requisition, unless (a) a record date has been fixed under paragraph 140(5)(c) and notice of it has been given under subsection 140(7); (b) the directors have called a meeting of shareholders and have given notice thereof under section 141; or (c) the business of the meeting as stated in the requisition includes matters described in paragraphs 146(5)(b) to (e). Shareholders’ power (4) If the directors do not call a meeting within twentyone days after receiving the requisition referred to in subsection (1), any shareholder who signed the requisition may call the meeting. Procedure (5) A meeting called under this section shall be called as nearly as possible in the manner in which meetings are to be called pursuant to the by-laws and this Act. Reimbursement (6) Unless the shareholders otherwise resolve at a meeting called under subsection (4), the company shall reimburse the shareholders for any expenses reasonably Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 156-158 incurred by them in requisitioning, calling and holding the meeting. 1991, c. 45, s. 156; 2005, c. 54, s. 390. Court may order meeting to be called 157 (1) A court may, on the application of a director, a shareholder who is entitled to vote at a meeting of shareholders or the Superintendent, order a meeting to be called, held or conducted in the manner that the court directs if (a) it is impracticable to call the meeting within the time or in the manner in which it is to be called; (b) it is impracticable to conduct the meeting in the manner required by this Act or the by-laws; or (c) the court thinks that the meeting ought to be called, held or conducted within the time or in the manner that it directs for any other reason. Varying quorum (2) Without restricting the generality of subsection (1), a court may order that the quorum required by the by-laws or this Act be varied or dispensed with at a meeting called, held and conducted pursuant to this section. Valid meeting (3) A meeting called, held and conducted pursuant to this section is for all purposes a meeting of shareholders of the company duly called, held and conducted. 1991, c. 45, s. 157; 2005, c. 54, s. 391. Court review of election 158 (1) A company or a shareholder or director of a company may apply to a court to resolve any dispute in respect of the election or appointment of a director or an auditor of the company. Powers of court (2) On an application under subsection (1), a court may make any order it thinks fit including, without limiting the generality of the foregoing, (a) an order restraining a director or auditor whose election or appointment is challenged from acting pending determination of the dispute; (b) an order declaring the result of the disputed election or appointment; (c) an order requiring a new election or appointment, and including in the order directions for the management of the business and affairs of the company until Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Shareholders Sections 158-160.01 a new election is held or the new appointment is made; and (d) an order determining the voting rights of shareholders and of persons claiming to own shares. Notice to Superintendent 159 (1) A person who makes an application under subsection 157(1) or 158(1) shall give notice of the application to the Superintendent before the hearing and shall deliver a copy of the order of the court, if any, to the Superintendent. Superintendent representation (2) The Superintendent may appear and be heard in person or by counsel at the hearing of an application referred to in subsection (1). Pooling agreement 160 A written agreement between two or more shareholders may provide that in exercising voting rights the shares held by them will be voted as provided in the agreement. Proxies Definitions 160.01 The definitions in this section apply in this section and in sections 160.02 to 160.08. intermediary means a person who holds a security on behalf of another person who is not the registered holder of the security, and includes (a) a securities broker or dealer required to be registered to trade or deal in securities under the laws of any jurisdiction; (b) a securities depositary; (c) a financial institution; (d) in respect of a clearing agency, a securities dealer, trust company, association within the meaning of section 2 of the Cooperative Credit Associations Act, bank or other person, including another clearing agency, on whose behalf the clearing agency or its nominee holds securities of an issuer; (e) a trustee or administrator of a self-administered retirement savings plan, retirement income fund or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Section 160.01 education savings plan or another similar self-administered savings or investment plan that is registered under the Income Tax Act; (f) a nominee of a person referred to in any of paragraphs (a) to (e); and (g) a person who performs functions similar to those performed by a person referred to in any of paragraphs (a) to (e) and holds a security registered in their name, or in the name of their nominee, on behalf of another person who is not the registered holder of the security. (intermédiaire) registrant [Repealed, 2005, c. 54, s. 392] solicit or solicitation includes (a) a request for a proxy, whether or not accompanied by or included in a form of proxy, (b) a request to execute or not to execute a form of proxy or to revoke a proxy, (c) the sending of a form of proxy or other communication to a shareholder under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy, and (d) the sending of a form of proxy to a shareholder under section 160.04, but does not include (e) the sending of a form of proxy in response to an unsolicited request made by or on behalf of a shareholder, (f) the performance of administrative acts or professional services on behalf of a person soliciting a proxy, (g) the sending by a registrant of the documents referred to in section 160.07, or (h) a solicitation by a person in respect of shares of which that person is the beneficial owner. (sollicitation) solicitation by or on behalf of the management of a company means a solicitation by any person pursuant to a resolution or instruction of, or with the acquiescence of, the directors or a committee of the directors of the company. (sollicitation effectuée par la direction d’une société ou pour son compte) 1997, c. 15, s. 348; 2005, c. 54, s. 392. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.01-160.02 Appointing proxyholder 160.02 (1) A shareholder who is entitled to vote at a meeting of shareholders may, by executing a form of proxy, appoint a proxyholder or one or more alternate proxyholders, who are not required to be shareholders, to attend and act at the meeting in the manner and to the extent authorized by the proxy and with the authority conferred by the proxy. Execution of proxy (2) A form of proxy shall be executed by a shareholder or by a shareholder’s attorney authorized in writing to do so. Limit on authority (3) No appointment of a proxyholder provides authority for the proxyholder to act in respect of the appointment of an auditor or the election of a director unless a nominee proposed in good faith for the appointment or election is named in the form of proxy, a management proxy circular, a dissident’s proxy circular or a proposal under subsection 146(1). Required information (4) A form of proxy must indicate, in bold-face type, that the shareholder by whom or on whose behalf it is executed may appoint a proxyholder, other than a person designated in the form of proxy, to attend and act on the shareholder’s behalf at a meeting to which the proxy relates, and must contain instructions as to the manner in which the shareholder may do so. Validity of proxy (5) A proxy is valid only at the meeting in respect of which it is given or at a continuation of the meeting after an adjournment. Revocation of proxy (6) A shareholder may revoke a proxy (a) by depositing an instrument in writing executed by the shareholder or by the shareholder’s attorney authorized in writing to do so (i) at the head office of the company at any time up to and including the last business day before the day of a meeting, or a continuation of the meeting after an adjournment, at which the proxy is to be used, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.02-160.05 (ii) with the chairperson of the meeting on the day of the meeting or a continuation of the meeting after an adjournment; or (b) in any other manner permitted by law. 1997, c. 15, s. 348. Deposit of proxies 160.03 The directors may specify, in a notice calling a meeting of shareholders or a continuation of a meeting of shareholders after an adjournment, a time before which executed forms of proxy to be used at the meeting or the continued meeting must be deposited with the company or its transfer agent. The time specified must not be more than forty-eight hours, excluding Saturdays and holidays, before the meeting or the continued meeting. 1997, c. 15, s. 348. Mandatory solicitation 160.04 (1) Subject to subsection 143(2) and subsection (2), the management of a company shall, concurrently with giving notice of a meeting of shareholders, send a form of proxy in prescribed form to each shareholder entitled to receive notice of the meeting. Exception (2) The management of a company is not required to send a form of proxy under subsection (1) if the company (a) is not a distributing company; and (b) has 50 or fewer shareholders who are entitled to vote at a meeting, two or more joint holders of a share being counted as one shareholder. 1997, c. 15, s. 348; 2005, c. 54, s. 393. Soliciting proxies 160.05 (1) A person shall not solicit proxies unless (a) in the case of solicitation by or on behalf of the management of a company, a management proxy circular in prescribed form, either as an appendix to, or as a separate document accompanying, the notice of the meeting, is sent to the auditor of the company and to each shareholder whose proxy is solicited; and (b) in the case of any other solicitation, a dissident’s proxy circular in prescribed form stating the purposes of the solicitation is sent to the auditor of the company, to each shareholder whose proxy is solicited and to the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.05-160.06 Copy to Superintendent (2) A person who sends a management proxy circular or dissident’s proxy circular shall at the same time file with the Superintendent (a) in the case of a management proxy circular, a copy of it together with a copy of the notice of meeting, form of proxy and any other documents for use in connection with the meeting; and (b) in the case of a dissident’s proxy circular, a copy of it together with a copy of the form of proxy and any other documents for use in connection with the meeting. Exemption by Superintendent (3) On the application of an interested person, the Superintendent may, on any terms that the Superintendent thinks fit, exempt the person from any of the requirements of subsection (1) and section 160.04, and the exemption may be given retroactive effect. Reporting exemptions (4) The Superintendent shall set out in a periodical available to the public the particulars of each exemption granted under subsection (3) together with the reasons for the exemption. 1997, c. 15, s. 348. Attendance at meeting 160.06 (1) A person who solicits a proxy and is appointed proxyholder shall attend in person or cause an alternate proxyholder to attend every meeting in respect of which the proxy is valid, and the proxyholder or alternate proxyholder shall comply with the directions of the shareholder who executed the form of proxy. Rights of proxyholder (2) A proxyholder or an alternate proxyholder has the same rights as the appointing shareholder to speak at a meeting of shareholders in respect of any matter, to vote by way of ballot at the meeting and, except where a proxyholder or an alternate proxyholder has conflicting instructions from more than one shareholder, to vote at the meeting in respect of any matter by way of a show of hands. Vote by show of hands (3) Despite subsections (1) and (2) and unless a shareholder or proxyholder demands a ballot, if the chairperson of a meeting of shareholders declares to the meeting that, if a ballot were conducted, the total number of votes attached to shares represented at the meeting by proxy required to be voted against what, to the knowledge of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.06-160.07 the chairperson, would be the decision of the meeting on a matter or group of matters is less than 5% of all the votes that might be cast by shareholders in person or by proxy, (a) the chairperson may conduct the vote in respect of that matter or group of matters by way of a show of hands; and (b) a proxyholder or alternate proxyholder may vote in respect of that matter or group of matters by way of a show of hands. 1997, c. 15, s. 348; 2005, c. 54, s. 395. Duty of intermediary 160.07 (1) Shares of a company that are registered in the name of an intermediary or an intermediary’s nominee and not beneficially owned by the intermediary may not be voted unless the intermediary sends to the beneficial owner (a) a copy of the notice of the meeting, annual statement, management proxy circular and dissident’s proxy circular and any other documents, other than the form of proxy, that were sent to shareholders by or on behalf of any person for use in connection with the meeting; and (b) a written request for voting instructions except if the intermediary has already received written voting instructions from the beneficial owner. When documents to be sent (2) The intermediary shall send the documents referred to in subsection (1) without delay after they receive the documents referred to in paragraph (1)(a). Restriction on voting (3) An intermediary or a proxyholder appointed by them may not vote shares that the intermediary does not beneficially own and that are registered in the name of the intermediary or their nominee unless the intermediary or proxyholder, as the case may be, receives written voting instructions from the beneficial owner. Copies (4) A person by or on behalf of whom a solicitation is made shall on request and without delay provide the intermediary, at the person’s expense, with the necessary number of copies of the documents referred to in paragraph (1)(a). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.07-160.08 Instructions to intermediary (5) The intermediary shall vote or appoint a proxyholder to vote in accordance with any written voting instructions received from the beneficial owner. Beneficial owner as proxyholder (6) If a beneficial owner so requests and provides an intermediary with the appropriate documentation, the intermediary shall appoint the beneficial owner or a nominee of the beneficial owner as proxyholder. Effect of intermediary’s failure to comply (7) The failure of an intermediary to comply with any of subsections (1) to (6) does not render void any meeting of shareholders or any action taken at the meeting. Intermediary may not vote (8) Nothing in this Part gives an intermediary the right to vote shares that they are otherwise prohibited from voting. 1997, c. 15, s. 348; 2005, c. 54, s. 396. Exemption 160.071 The Governor in Council may make regulations respecting the conditions under which a company is exempt from any of the requirements of sections 160.02 to 160.07. 2005, c. 54, s. 396. Restraining order 160.08 (1) If a form of proxy, management proxy circular or dissident’s proxy circular contains an untrue statement of a material fact or omits to state a material fact that is required to be contained in it or that is necessary to make a statement contained in it not misleading in light of the circumstances in which the statement is made, an interested person or the Superintendent may apply to a court and the court may make any order it thinks fit, including (a) an order restraining the solicitation or the holding of the meeting, or restraining any person from implementing or acting on a resolution passed at the meeting, to which the form of proxy, management proxy circular or dissident’s proxy circular relates; (b) an order requiring correction of any form of proxy or proxy circular and a further solicitation; and (c) an order adjourning the meeting. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Proxies Sections 160.08-161 Notice of application (2) Where a person other than the Superintendent is an applicant under subsection (1), the applicant shall give notice of the application to the Superintendent and the Superintendent is entitled to appear and to be heard in person or by counsel. 1997, c. 15, s. 348. Directors and Officers Duties Duty to manage 161 (1) Subject to this Act, the directors of a company shall manage or supervise the management of the business and affairs of the company. Specific duties (2) Without limiting the generality of subsection (1), the directors of a company shall (a) establish an audit committee to perform the duties referred to in subsections 198(3) and (4); (b) establish a conduct review committee to perform the duties referred to in subsection 199(3); (c) establish procedures to resolve conflicts of interest, including techniques for the identification of potential conflict situations and for restricting the use of confidential information; (d) designate a committee of the board of directors to monitor the procedures referred to in paragraph (c); (e) establish procedures to provide disclosure of information to customers of the company that is required to be disclosed by this Act and for dealing with complaints as required by subsection 441(1); (f) designate a committee of the board of directors to monitor the procedures referred to in paragraph (e) and satisfy itself that they are being adhered to by the company; and (g) establish investment and lending policies, standards and procedures in accordance with section 450. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Duties Sections 161-163 Exception (3) Paragraphs (2)(a) and (b) do not apply to the directors of a company if (a) all the voting shares of the company, other than directors’ qualifying shares, if any, are beneficially owned by a Canadian financial institution described by any of paragraphs (a) to (d) of the definition “financial institution” in section 2; and (b) the audit committee or the conduct review committee of the Canadian financial institution performs for and on behalf of the company all the functions that would otherwise be required to be performed by the audit committee or conduct review committee of the company under this Act. 1991, c. 45, s. 161; 1997, c. 15, s. 349; 2001, c. 9, s. 497(F). Duty of care 162 (1) Every director and officer of a company in exercising any of the powers of a director or an officer and discharging any of the duties of a director or an officer shall (a) act honestly and in good faith with a view to the best interests of the company; and (b) exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. Duty to comply (2) Every director, officer and employee of a company shall comply with this Act, the regulations, the company’s incorporating instrument and the by-laws of the company. No exculpation (3) No provision in any contract, in any resolution or in the by-laws of a company relieves any director, officer or employee of the company from the duty to act in accordance with this Act and the regulations or relieves a director, officer or employee from liability for a breach thereof. Qualification and Number — Directors Minimum number of directors 163 (1) A company shall have at least seven directors. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Qualification and Number — Directors Sections 163-166 Residency requirement (2) At least one half of the directors of a company that is a subsidiary of a foreign institution or of a prescribed holding body corporate of a foreign institution and a majority of the directors of any other company must be, at the time of each director’s election or appointment, resident Canadians. 1991, c. 45, s. 163; 2001, c. 9, s. 498; 2007, c. 6, s. 346. Disqualified persons 164 The following persons are disqualified from being directors of a company: (a) a person who is less than eighteen years of age; (b) a person who is of unsound mind and has been so found by a court in Canada or elsewhere; (c) a person who has the status of a bankrupt; (d) a person who is not a natural person; (e) a person who is prohibited by section 386 or 399 from exercising voting rights attached to shares of the company; (f) a person who is an officer, director or full time employee of an entity that is prohibited by section 386 or 399 from exercising voting rights attached to shares of the company; (f.1) a person who is an officer, director, employee or agent of — or any other person acting on behalf of — an eligible agent within the meaning of section 374.1; (g) [Repealed, 2013, c. 40, s. 160] (h) a minister of Her Majesty in right of Canada or in right of a province; and (i) a person who is an agent or employee of the government of a foreign country or any political subdivision thereof. 1991, c. 45, s. 164; 1994, c. 47, s. 203; 1997, c. 15, s. 350; 2012, c. 19, s. 326, c. 31, s. 99; 2013, c. 40, s. 160. No shareholder requirement 165 A director of a company is not required to hold shares of the company. Affiliated person 166 The Governor in Council may make regulations specifying the circumstances under which a natural person is affiliated with a company for the purposes of this Act. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Qualification and Number — Directors Sections 166.1-168 Affiliated director determination 166.1 (1) Notwithstanding section 166, the Superintendent may determine that a particular director is affiliated with a company for the purposes of this Act if, in the opinion of the Superintendent, the director has a significant or sufficient commercial, business or financial relationship with the company or with an affiliate of the company to the extent that the relationship can be construed as being material to the director and can reasonably be expected to affect the exercise of the director’s best judgment. Notification by Superintendent (2) A determination by the Superintendent under subsection (1) (a) becomes effective on the day of the next annual meeting of the shareholders unless a notice in writing by the Superintendent revoking the determination is received by the company prior to that day; and (b) ceases to be in effect on the day of the next annual meeting of the shareholders after a notice in writing by the Superintendent revoking the determination is received by the company. 1996, c. 6, s. 117. Unaffiliated directors 167 (1) At the election of directors at each annual meeting of a company and at all times until the day of the next annual meeting, no more than two thirds of the directors may be persons affiliated with the company. Exception (2) Subsection (1) does not apply where all the voting shares of a company, other than directors’ qualifying shares, if any, are beneficially owned by a Canadian financial institution incorporated by or under an Act of Parliament. Determination of affiliation (3) For the purposes of subsection (1), whether or not a person is affiliated with a company shall be determined as at the day the notice of the annual meeting is sent to shareholders pursuant to section 141 and that determination becomes effective on the day of that meeting, and a person shall be deemed to continue to be affiliated or unaffiliated, as the case may be, until the next annual meeting of the shareholders. Limit on directors 168 No more than 15 per cent of the directors of a company may, at each director’s election or appointment, be employees of the company or a subsidiary of the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Qualification and Number — Directors Sections 168-170 company, except that up to four persons who are employees of the company or a subsidiary of the company may be directors of the company if those directors constitute not more than one half of the directors of the company. Election and Tenure — Directors Number of directors 169 (1) Subject to subsection 163(1) and sections 172 and 222, the directors of a company shall, by by-law, determine the number of directors or the minimum and maximum number of directors, but no by-law that decreases the number of directors shortens the term of an incumbent director. Election at annual meeting (2) A by-law made pursuant to subsection (1) that provides for a minimum and maximum number of directors may provide that the number of directors to be elected at any annual meeting of the shareholders be such number as is fixed by the directors prior to the annual meeting. Election or appointment as director 169.1 The election or appointment of a person as a director is subject to the following: (a) the person was present at the meeting when the election or appointment took place and did not refuse to hold office as a director; or (b) the person was not present at the meeting when the election or appointment took place but (i) consented in writing to hold office as a director before the election or appointment or within 10 days after it, or (ii) acted as a director after the election or appointment. 2005, c. 54, s. 397. Term of directors 170 (1) Except where this Act or the by-laws of a company provide for cumulative voting, a company may, by by-law, provide that the directors be elected for terms of one, two or three years. Term of one, two or three years (2) A director elected for a term of one, two or three years holds office until the close of the first, second or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Election and Tenure — Directors Sections 170-171 third annual meeting of shareholders, as the case may be, following the election of the director. No stated term (3) A director who is not elected for an expressly stated term of office ceases to hold office at the close of the next annual meeting of shareholders following the election of the director. Tenure of office (4) It is not necessary that all directors elected at a meeting of shareholders hold office for the same term. Idem (5) If a by-law of a company provides that the directors be elected for a term of two or three years, it may also provide that the term of office of each director be for the whole of that term, or that, as nearly as may be, one half of the directors retire each year if the term is two years, and that one third of the directors retire each year if the term is three years. Composition requirements (6) Where a director of a company is elected or appointed for a term of more than one year, the company shall comply with subsections 163(2) and 167(1) and section 168 at each annual meeting of shareholders during the director’s term of office as if that director were elected or appointed on that date. Transitional (7) Subsection (6) does not apply in respect of a formerAct company until the day of the third annual meeting of shareholders after the coming into force of this section. Determining election of directors 171 (1) Except where this Act or the by-laws of a company provide for cumulative voting, the persons, to the number authorized to be elected, who receive the greatest number of votes at an election of directors of a company shall be the directors thereof. Idem (2) If, at any election of directors referred to in subsection (1), two or more persons receive an equal number of votes and there are not sufficient vacancies remaining to enable all the persons receiving an equal number of votes to be elected, the directors who receive a greater number of votes or the majority of them shall, in order to complete the full number of directors, determine which of the persons so receiving an equal number of votes are to be elected. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Election and Tenure — Directors Section 172 Cumulative voting 172 (1) Where this Act or the by-laws provide for cumulative voting, (a) there shall be a stated number of directors fixed by by-law and not a minimum and maximum number of directors; (b) each shareholder entitled to vote at an election of directors has the right to cast a number of votes equal to the number of votes attached to the shares held by the shareholder multiplied by the number of directors to be elected, and the shareholder may cast all such votes in favour of one candidate or distribute them among the candidates in any manner; (c) a separate vote of shareholders shall be taken with respect to each candidate nominated for director unless a resolution is passed unanimously permitting two or more persons to be elected by a single vote; (d) if a shareholder has voted for more than one candidate without specifying the distribution of the votes among the candidates, the shareholder is deemed to have distributed the votes equally among the candidates for whom the shareholder voted; (e) if the number of candidates nominated for director exceeds the number of positions to be filled, the candidates who receive the least number of votes shall be eliminated until the number of candidates remaining equals the number of positions to be filled; (f) each director ceases to hold office at the close of the next annual meeting of shareholders following the director’s election; (g) a director may be removed from office only if the number of votes cast in favour of a motion to remove the director is greater than the product of the number of directors required by the by-laws and the number of votes cast against the motion; and (h) the number of directors required by the by-laws may be decreased only if the number of votes cast in favour of a motion to decrease the number of directors is greater than the product of the number of directors required by the by-laws and the number of votes cast against the motion. Mandatory cumulative voting (2) Where the aggregate of the voting shares beneficially owned by a person and any entities controlled by the person carries more than 10 per cent of the voting rights attached to all the outstanding voting shares of a company, the directors shall be elected by cumulative voting. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Election and Tenure — Directors Sections 172-173 Exception (3) Subsection (2) does not apply (a) where all the voting shares of the company that are outstanding, other than directors’ qualifying shares, if any, are beneficially owned by (i) one person, (ii) one person and one or more entities controlled by that person, (iii) one or more entities controlled by the same person; or (b) in respect of a former-Act company whose shareholders are confined to entities incorporated or formed by or under an Act of Parliament or of the legislature of a province that are, in the opinion of the directors, operating as credit unions or cooperative associations. Transitional election (4) Where this Act or the by-laws of a company provide for cumulative voting, the shareholders of the company shall, (a) at the first annual meeting of shareholders held not earlier than ninety days following the date that cumulative voting is required under subsection (2) or provided for in the by-laws, and (b) at each succeeding annual meeting, elect the stated number of directors to hold office until the close of the next annual meeting of shareholders following their election. Exception (5) Nothing in this Act precludes the holders of any class or series of shares of a company from having an exclusive right to elect one or more directors. 1991, c. 45, s. 172; 1997, c. 15, s. 352; 2005, c. 54, s. 398. Re-election of directors 173 A director who has completed a term of office is, if otherwise qualified, eligible for re-election. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Incomplete Elections and Director Vacancies Sections 174-175 Incomplete Elections and Director Vacancies Void election or appointment 174 (1) If, immediately after the time of any purported election or appointment of directors, the board of directors would fail to comply with subsection 163(2) or 167(1) or section 168, the purported election or appointment of all persons purported to be elected or appointed at that time is void unless the directors, within forty-five days after the discovery of the non-compliance, develop a plan, approved by the Superintendent, to rectify the non-compliance. Failure to elect minimum (2) Where, at the close of a meeting of shareholders of a company, the shareholders have failed to elect the number or minimum number of directors required by this Act or the by-laws of a company, the purported election of directors at the meeting (a) is valid if the directors purported to be elected and those incumbent directors, if any, whose terms did not expire at the close of the meeting, together constitute a quorum; or (b) is void if the directors purported to be elected and those incumbent directors, if any, whose terms did not expire at the close of the meeting, together do not constitute a quorum. (3) and (4) [Repealed, 1997, c. 15, s. 353] 1991, c. 45, s. 174; 1997, c. 15, s. 353. Directors where elections incomplete or void 175 (1) Notwithstanding subsections 170(2) and (3) and paragraphs 172(1)(f) and 176(1)(a), where subsection 174(1) or (2) applies at the close of any meeting of shareholders of a company, the board of directors shall, until their successors are elected or appointed, consist solely of (a) where paragraph 174(2)(a) applies, the directors referred to in that paragraph; or (b) where subsection 174(1) or paragraph 174(2)(b) applies, the persons who were the incumbent directors immediately before the meeting. Where there is no approved rectification plan (2) Notwithstanding subsections 170(2) and (3) and paragraphs 172(1)(f) and 176(1)(a), where a plan to rectify the non-compliance referred to in subsection 174(1) has not been approved by the Superintendent by the end of the forty-five day period referred to in that subsection, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Incomplete Elections and Director Vacancies Sections 175-177 the board of directors shall, until their successors are elected or appointed, consist solely of the persons who were the incumbent directors immediately before the meeting at which the purported election or appointment referred to in that subsection occurred. Directors to call meeting (3) Where subsection (1) or (2) applies, the board of directors referred to in that subsection shall without delay call a special meeting of shareholders to fill the vacancies, where paragraph 174(2)(a) applies, or elect a new board of directors, where subsection 174(1) or paragraph 174(2)(b) applies. Shareholder may call meeting (4) Where the directors fail to call a special meeting required by subsection (3), the meeting may be called by any shareholder. 1991, c. 45, s. 175; 1997, c. 15, s. 354. Ceasing to hold office 176 (1) A director ceases to hold office (a) at the close of the annual meeting at which the director’s term of office expires; (b) when the director dies or resigns; (c) when the director becomes disqualified under section 164 or ineligible to hold office pursuant to subsection 208(2); (d) when the director is removed under section 177; or (e) when the director is removed from office under section 509.1 or 509.2. Date of resignation (2) The resignation of a director of a company becomes effective at the time a written resignation is sent to the company by the director or at the time specified in the resignation, whichever is later. 1991, c. 45, s. 176; 2001, c. 9, s. 500. Removal of director 177 (1) Subject to paragraph 172(1)(g), the shareholders of a company may by resolution at a special meeting remove any director or all the directors from office. Exception (2) Where the holders of any class or series of shares of a company have the exclusive right to elect one or more directors, a director so elected may be removed only by a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Incomplete Elections and Director Vacancies Sections 177-179 resolution at a meeting of the shareholders of that class or series. Vacancy by removal (3) Subject to paragraphs 172(1)(b) to (e), a vacancy created by the removal of a director may be filled at the meeting of the shareholders at which the director is removed or, if not so filled, may be filled under section 181 or 182. Statement of director 178 (1) A director who (a) resigns, (b) receives a notice or otherwise learns of a meeting of shareholders called for the purpose of removing the director from office, or (c) receives a notice or otherwise learns of a meeting of directors or shareholders at which another person is to be appointed or elected to fill the office of director, whether because of the director’s resignation or removal or because the director’s term of office has expired or is about to expire, is entitled to submit to the company a written statement giving the reasons for the resignation or the reasons why the director opposes any proposed action or resolution. Statement re disagreement (2) Where a director resigns as a result of a disagreement with the other directors or the officers of a company, the director shall submit to the company and the Superintendent a written statement setting out the nature of the disagreement. Circulation of statement 179 (1) A company shall without delay on receipt of a director’s statement referred to in subsection 178(1) relating to a matter referred to in paragraph 178(1)(b) or (c), or a director’s statement referred to in subsection 178(2), send a copy of it to each shareholder entitled to receive a notice of meetings and to the Superintendent, unless the statement is included in or attached to a management proxy circular required by subsection 160.05(1). Immunity for statement (2) No company or person acting on its behalf incurs any liability by reason only of circulating a director’s statement in compliance with subsection (1). 1991, c. 45, s. 179; 1997, c. 15, s. 355. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Incomplete Elections and Director Vacancies Sections 180-182 Shareholders filling vacancy 180 The by-laws of a company may provide that a vacancy among the directors is to be filled only (a) by a vote of the shareholders; or (b) by a vote of the holders of any class or series of shares having an exclusive right to elect one or more directors if the vacancy occurs among the directors elected by the holders of that class or series. Directors filling vacancy 181 (1) Despite section 187 but subject to subsection (2) and sections 180 and 182, a quorum of directors may fill a vacancy among the directors except a vacancy resulting from a change in the by-laws by which the number or the minimum or maximum number of directors is increased or from a failure to elect the number or minimum number of directors provided for in the by-laws. Where composition fails (2) Notwithstanding sections 180 and 187, where by reason of a vacancy the number of directors or the composition of the board of directors fails to meet any of the requirements of section 163, subsection 167(1) and section 168, the directors who, in the absence of any by-law, would be empowered to fill that vacancy shall do so forthwith. 1991, c. 45, s. 181; 2005, c. 54, s. 399. Class vacancy 182 Notwithstanding section 187, where the holders of any class or series of shares of a company have an exclusive right to elect one or more directors and a vacancy occurs among those directors, then, subject to section 180, (a) the remaining directors elected by the holders of that class or series of shares may fill the vacancy except one resulting from an increase in the number or the minimum or maximum number of directors for that class or series or from a failure to elect the number or minimum number of directors provided for in the by-laws for that class or series; (b) if there are no such remaining directors and, by reason of the vacancy, the number of directors or the composition of the board of directors fails to meet any of the requirements of section 163, subsection 167(1) and section 168, the other directors may fill that vacancy; and (c) if there are no such remaining directors and paragraph (b) does not apply, any holder of shares of that Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Incomplete Elections and Director Vacancies Sections 182-184 class or series may call a meeting of the holders thereof for the purpose of filling the vacancy. 1991, c. 45, s. 182; 2005, c. 54, s. 400. Unexpired term 183 (1) Unless the by-laws otherwise provide, a director elected or appointed to fill a vacancy holds office for the unexpired term of the director’s predecessor in office. Affiliation (2) Notwithstanding subsection 167(3), the affiliation of a person to be elected or appointed to fill a vacancy shall be determined as at the date of the person’s election or appointment and that person shall be deemed to continue to be affiliated or unaffiliated, as the case may be, until the next annual meeting of the shareholders. Additional directors 183.1 (1) The directors may appoint one or more additional directors where the by-laws of the company allow them to do so and the by-laws determine the minimum and maximum numbers of directors. Term of office (2) A director appointed under subsection (1) holds office for a term expiring not later than the close of the next annual meeting of shareholders of the company. Limit on number appointed (3) The total number of directors appointed under subsection (1) may not exceed one third of the number of directors elected at the previous annual meeting of shareholders of the company. 1997, c. 15, s. 356. Meetings of the Board Meetings required 184 (1) The directors shall meet at least four times during each financial year. Place for meetings (2) The directors may meet at any place unless the bylaws provide otherwise. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Meetings of the Board Sections 184-186 Notice for meetings (3) The notice for the meetings must be given as required by the by-laws. 1991, c. 45, s. 184; 1997, c. 15, s. 357. Notice of meeting 185 (1) A notice of a meeting of directors shall specify each matter referred to in section 202 that is to be dealt with at the meeting but, unless the by-laws otherwise provide, need not otherwise specify the purpose of or the business to be transacted at the meeting. Waiver of notice (2) A director may in any manner waive notice of a meeting of directors and the attendance of a director at a meeting of directors is a waiver of notice of that meeting except where the director attends the meeting for the express purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called. Adjourned meeting (3) Notice of an adjourned meeting of directors is not required to be given if the time and place of the adjourned meeting was announced at the original meeting. Quorum 186 (1) Subject to section 187, the number of directors referred to in subsection (2) constitutes a quorum at any meeting of directors or a committee of directors and, notwithstanding any vacancy among the directors, a quorum of directors may exercise all the powers of the directors. Idem (2) The number of directors constituting a quorum at any meeting of directors or a committee of directors shall be (a) a majority of the minimum number of directors required by this Act for the board of directors or a committee of directors; or (b) such greater number of directors than the number calculated pursuant to paragraph (a) as may be established by the by-laws of the company. Director continues to be present (3) A director who is present at a meeting of directors or of a committee of directors but is not, in accordance with subsection 208(1), present at any particular time during the meeting is considered to be present for the purposes of this section. 1991, c. 45, s. 186; 2005, c. 54, s. 401. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Meetings of the Board Sections 187-188 Resident Canadian majority 187 (1) The directors of a company shall not transact business at a meeting of directors unless (a) in the case of a company that is the subsidiary of a foreign institution, at least one half of the directors present are resident Canadians; and (b) in the case of any other company, a majority of the directors present are resident Canadians. Exception (2) Despite subsection (1), the directors of a company may transact business at a meeting of directors without the required proportion of directors who are resident Canadians if (a) a director who is a resident Canadian unable to be present approves, in writing or by telephonic, electronic or other communications facilities, the business transacted at the meeting; and (b) there would have been present the required proportion of directors who are resident Canadians had that director been present at the meeting. 1991, c. 45, s. 187; 2013, c. 33, s. 104. Presence of unaffiliated director 187.1 (1) The directors of a company shall not transact business at a meeting of directors unless at least one of the directors who is not affiliated with the company is present. Exception (2) Despite subsection (1), the directors of a company may transact business at a meeting of directors if a director who is not affiliated with the company and who is not able to be present approves, in writing or by telephonic, electronic or other communications facilities, the business transacted at the meeting. Exception (3) Subsection (1) does not apply if all the voting shares of the company, other than directors’ qualifying shares, if any, are beneficially owned by a Canadian financial institution incorporated by or under an Act of Parliament. 2001, c. 9, s. 501. Electronic meeting 188 (1) Subject to the by-laws of a company, a meeting of directors or of a committee of directors may be held by means of such telephonic, electronic or other communications facilities as permit all persons participating in the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Meetings of the Board Sections 188-189 meeting to communicate adequately with each other during the meeting. Deemed present (2) A director participating in a meeting by any means referred to in subsection (1) is deemed for the purposes of this Act to be present at that meeting. Resolution outside board meeting 188.1 (1) A resolution in writing signed by all the directors entitled to vote on that resolution at a meeting of directors is as valid as if it had been passed at a meeting of directors. Filing directors’ resolution (2) A copy of the resolution referred to in subsection (1) shall be kept with the minutes of the proceedings of the directors. Resolution outside committee meeting (3) A resolution in writing signed by all the directors entitled to vote on that resolution at a meeting of a committee of directors, other than a resolution of the audit committee in carrying out its duties under subsection 198(3) or a resolution of the conduct review committee in carrying out its duties under subsection 199(3), is as valid as if it had been passed at a meeting of that committee. Filing committee resolution (4) A copy of the resolution referred to in subsection (3) shall be kept with the minutes of the proceedings of that committee. Evidence (5) Unless a ballot is demanded, an entry in the minutes of a meeting that the chairperson declared a resolution to be carried or defeated is in the absence of evidence to the contrary proof of that fact without proof of the number or proportion of votes recorded in favour of or against the resolution. 1997, c. 15, s. 358; 2005, c. 54, s. 402. Dissent of director 189 (1) A director of a company who is present at a meeting of directors or a committee of directors is deemed to have consented to any resolution passed or action taken at that meeting unless (a) the director requests that the director’s dissent be entered or the director’s dissent is entered in the minutes of the meeting; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Meetings of the Board Sections 189-191 (b) the director sends a written dissent to the secretary of the meeting before the meeting is adjourned; or (c) the director sends the director’s dissent by registered mail or delivers it to the head office of the company immediately after the meeting is adjourned. Loss of right to dissent (2) A director of a company who votes for or consents to a resolution is not entitled to dissent under subsection (1). Dissent of absent director (3) A director of a company who is not present at a meeting at which a resolution is passed or action taken is deemed to have consented thereto unless, within seven days after the director becomes aware of the resolution, the director (a) causes the director’s dissent to be placed with the minutes of the meeting; or (b) sends the director’s dissent by registered mail or delivers it to the head office of the company. Record of attendance 190 (1) A company shall keep a record of the attendance at each meeting of directors and each committee meeting of directors. Statement to shareholders (2) A company shall attach to the notice of each annual meeting it sends to its shareholders a statement showing, in respect of the financial year immediately preceding the meeting, the total number of directors’ meetings and directors’ committee meetings held during the financial year and the number of those meetings attended by each director. 1991, c. 45, s. 190; 1997, c. 15, s. 359. Meeting required by Superintendent 191 (1) Where in the opinion of the Superintendent it is necessary, the Superintendent may, by notice in writing, require a company to hold a meeting of directors of the company to consider the matters set out in the notice. Attendance of Superintendent (2) The Superintendent may attend and be heard at a meeting referred to in subsection (1). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers By-laws Sections 192-194 By-laws By-laws 192 (1) Unless this Act otherwise provides, the directors of a company may by resolution make, amend or repeal any by-law that regulates the business or affairs of the company. Shareholder approval (2) The directors shall submit a by-law, or an amendment to or a repeal of a by-law, that is made under subsection (1) to the shareholders at the next meeting of shareholders, and the shareholders may, by resolution, confirm or amend the by-law, amendment or repeal. Effective date of by-law (3) Unless this Act otherwise provides, a by-law, or an amendment to or a repeal of a by-law, is effective from the date of the resolution of the directors under subsection (1) until it is confirmed, confirmed as amended or rejected by the shareholders under subsection (2) or until it ceases to be effective under subsection (4) and, where the by-law is confirmed, or confirmed as amended, it continues in effect in the form in which it was so confirmed. Effect where no shareholder approval (4) If a by-law, or an amendment to or a repeal of a bylaw, is rejected by the shareholders, or is not submitted to the shareholders by the directors as required under subsection (2), the by-law, amendment or repeal ceases to be effective from the date of its rejection or the date of the next meeting of shareholders, as the case may be, and no subsequent resolution of the directors to make, amend or repeal a by-law having substantially the same purpose or effect is effective until it is confirmed, or confirmed as amended, by the shareholders. Shareholder proposal of by-law 193 A shareholder entitled to vote at an annual meeting of shareholders may, in accordance with sections 146 and 147, make a proposal to make, amend or repeal a by-law. By-laws of former-Act company 194 Subject to section 195, where a by-law of a formerAct company is in effect on the coming into force of this section, the by-law continues in effect until amended or repealed, unless it is contrary to a provision of this Act. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers By-laws Sections 195-196 By-laws re remuneration 195 (1) A by-law of a company respecting the remuneration of the directors of the company, as directors, that is in effect on the coming into force of this section ceases to have effect on the day on which the first annual meeting is held following the coming into force of this section. Existing by-laws (2) A by-law made by the directors of a company under section 29 of the Trust Companies Act or section 29 of the Loan Companies Act as that section read immediately before the coming into force of this section, and not confirmed by the shareholders of the company in accordance with that section on or before the coming into force of this section, continues to have effect, unless it is contrary to the provisions of this Act, until the first meeting of the shareholders following the coming into force of this section. Shareholder approval (3) A by-law referred to in subsection (2) shall be submitted to the shareholders at the first meeting of shareholders following the coming into force of this section. Existing resolutions (4) Where the remuneration of directors of a former-Act company was, immediately prior to the coming into force of this section, fixed by a resolution of the directors, that resolution continues to have effect, unless it is contrary to the provisions of this Act, until the first meeting of the shareholders following the coming into force of this section. Application of ss. 192(3) and (4) and 193 (5) Subsections 192(3) and (4) and section 193 apply in respect of a by-law referred to in this section as if it were a by-law made under section 192. Deemed by-laws 196 (1) Any matter provided for in the incorporating instrument of a former-Act company on the coming into force of this section or of a body corporate continued as a company under this Act at the time of continuance that, under this Act, would be provided for in the by-laws of a company is deemed to be provided for in the by-laws of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers By-laws Sections 196-198 By-law prevails (2) Where a by-law of the company made in accordance with sections 192 and 193 amends or repeals any matter referred to in subsection (1), the by-law prevails. Committees of the Board Committees 197 The directors of a company may appoint from their number, in addition to the committees referred to in subsection 161(2), such other committees as they deem necessary and, subject to section 202, delegate to those committees such powers of the directors, and assign to those committees such duties, as the directors consider appropriate. Audit committee 198 (1) The audit committee of a company shall consist of at least three directors. Membership (2) A majority of the members of the audit committee must consist of directors who are not persons affiliated with the company and none of the members of the audit committee may be officers or employees of the company or a subsidiary of the company. Duties of audit committee (3) The audit committee of a company shall (a) review the annual statement of the company before the annual statement is approved by the directors; (b) review such returns of the company as the Superintendent may specify; (c) require the management of the company to implement and maintain appropriate internal control procedures; (c.1) review, evaluate and approve those procedures; (d) review such investments and transactions that could adversely affect the well-being of the company as the auditor or any officer of the company may bring to the attention of the committee; (e) meet with the auditor to discuss the annual statement and the returns and transactions referred to in this subsection; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Committees of the Board Sections 198-199 (f) meet with the chief internal auditor of the company, or the officer or employee of the company acting in a similar capacity, and with management of the company, to discuss the effectiveness of the internal control procedures established for the company. Report (4) In the case of the annual statement and returns of a company that under this Act must be approved by the directors of the company, the audit committee of the company shall report thereon to the directors before the approval is given. Required meeting of directors (5) The audit committee of a company may call a meeting of the directors of the company to consider any matter of concern to the committee. 1991, c. 45, s. 198; 1997, c. 15, s. 360. Conduct review committee 199 (1) The conduct review committee of a company shall consist of at least three directors. Membership (2) A majority of the members of the conduct review committee of a company must consist of directors who are not persons affiliated with the company and none of the members of the conduct review committee may be officers or employees of the company or a subsidiary of the company. Duties of conduct review committee (3) The conduct review committee of a company shall (a) require the management of the company to establish procedures for complying with Part XI; (b) review those procedures and their effectiveness in ensuring that the company is complying with Part XI; (b.1) if a widely held bank holding company or a widely held insurance holding company has a significant interest in any class of shares of the company, (i) establish policies for entering into transactions referred to in subsection 483.1(1), and (ii) review transactions referred to in subsection 483.3(1); and (c) review the practices of the company to ensure that any transactions with related parties of the company that may have a material effect on the stability or solvency of the company are identified. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Committees of the Board Sections 199-201 Company report to Superintendent (4) A company shall report to the Superintendent on the mandate and responsibilities of the conduct review committee and the procedures referred to in paragraph (3)(a). Committee report to directors (5) After each meeting of the conduct review committee of a company, the committee shall report to the directors of the company on matters reviewed by the committee. Directors’ report to Superintendent (6) Within ninety days after the end of each financial year, the directors of a company shall report to the Superintendent on what the conduct review committee did during the year in carrying out its responsibilities under subsection (3). 1991, c. 45, s. 199; 1997, c. 15, s. 361; 2001, c. 9, s. 502. Directors and Officers — Authority Chief executive officer 200 (1) The directors of a company shall appoint from their number a chief executive officer who must be ordinarily resident in Canada and, subject to section 202, may delegate to that officer any of the powers of the directors. Exception (2) Subsection (1) does not apply in respect of a formerAct company whose shareholders are confined to entities incorporated or formed by or under an Act of Parliament or of the legislature of a province that are, in the opinion of the directors, operating as credit unions or cooperative associations. Appointment of officers 201 (1) The directors of a company may, subject to the by-laws, designate the offices of the company, appoint officers thereto, specify the duties of those officers and delegate to them powers, subject to section 202, to manage the business and affairs of the company. Directors as officers (2) Subject to section 168, a director of a company may be appointed to any office of the company. Two or more offices (3) Two or more offices of a company may be held by the same person. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Directors and Officers — Authority Sections 202-203 Limits on power to delegate 202 The directors of a company may not delegate any of the following powers, namely, the power to (a) submit to the shareholders a question or matter requiring the approval of the shareholders; (b) fill a vacancy among the directors, on a committee of directors or in the office of auditor, or appoint additional directors; (c) issue or cause to be issued securities, including an issue of shares of a series that is authorized in accordance with section 65, except in accordance with any authorization made by the directors; (d) declare a dividend; (e) authorize the redemption or other acquisition by the company pursuant to section 74 of shares issued by the company; (f) authorize the payment of a commission on a share issue; (g) approve a management proxy circular; (h) except as provided in this Act, approve the annual statement of the company and any other financial statements issued by the company; or (i) adopt, amend or repeal by-laws. 1991, c. 45, s. 202; 1997, c. 15, s. 362; 2005, c. 54, s. 403. Exercise of trustee powers 203 (1) Where authorized to do so by a special resolution, the directors of a company that is a trust company pursuant to subsection 57(2) may delegate, with or without the power of sub-delegation, to the chief executive officer of the company, the exercise of all or any of the powers or authorities of the company, whether discretionary or otherwise, arising out of any will, trust, deed, contract or other instrument creating a trust. Performance by company (2) The exercise of any power or authority referred to in subsection (1) by the chief executive officer or that officer’s delegate, if any, constitutes an exercise of the power or authority by the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Directors and Officers — Authority Sections 204-207 Remuneration of directors, officers and employees 204 (1) Subject to this section and the by-laws, the directors of a company may fix the remuneration of the directors, officers and employees of the company. By-law required (2) No remuneration shall be paid to a director as director until a by-law fixing the aggregate of all amounts that may be paid to all directors in respect of directors’ remuneration during a fixed period of time has been confirmed by special resolution. 1991, c. 45, s. 204; 1994, c. 26, s. 74. Validity of acts 205 (1) An act of a director or an officer of a company is valid notwithstanding a defect in the director’s qualification or an irregularity in the director’s election or in the appointment of the director or officer. Idem (2) An act of the board of directors of a company is valid notwithstanding a defect in the composition of the board or an irregularity in the election of the board or in the appointment of a member of the board. Right to attend meetings 206 A director of a company is entitled to attend and to be heard at every meeting of shareholders. Conflicts of Interest Disclosure of interest 207 (1) A director or officer of a company shall disclose to the company, in writing or by requesting to have it entered in the minutes of a meeting of directors or a meeting of a committee of directors, the nature and extent of any interest they have in a material contract or material transaction with the company, whether entered into or proposed, if they (a) are a party to the contract or transaction; (b) are a director or officer of a party to the contract or transaction or a person acting in a similar capacity; or (c) have a material interest in a party to the contract or transaction. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Conflicts of Interest Sections 207-208 Time of disclosure — director (2) The disclosure shall be made in the case of a director (a) at the meeting of directors, or of a committee of directors, at which the proposed contract or transaction is first considered; (b) if at the time of the meeting referred to in paragraph (a) the director was not interested in the proposed contract or transaction, at the first one after they become interested in it; (c) if the director becomes interested after a contract or transaction is entered into, at the first one after they become interested; or (d) if a person who is interested in a contract or transaction becomes a director, at the first one after they become a director. Time of disclosure — officer (3) The disclosure shall be made in the case of an officer who is not a director (a) immediately after they become aware that the contract, transaction, proposed contract or proposed transaction is to be considered or has been considered at a meeting of directors or of a committee of directors; (b) if they become interested after the contract or transaction is entered into, immediately after they become interested; or (c) if a person who is interested in a contract or transaction becomes an officer, immediately after they become an officer. Time of disclosure — contract not requiring approval (4) If the material contract or material transaction, whether entered into or proposed, is one that in the ordinary course of the company’s business would not require approval by the directors or shareholders, the director or officer shall disclose to the company, in writing or by requesting to have it entered in the minutes of a meeting of directors or of a committee of directors, the nature and extent of their interest immediately after they become aware of the contract or transaction. 1991, c. 45, s. 207; 2005, c. 54, s. 404. Director to abstain 208 (1) A director who is required to make a disclosure under subsection 207(1) shall not be present at any meeting of directors, or of a committee of directors, while the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Conflicts of Interest Sections 208-209 contract or transaction is being considered or vote on any resolution to approve it unless the contract or transaction (a) relates primarily to their remuneration as a director, officer, employee or agent of the company, an entity controlled by the company or an entity in which the company has a substantial investment; (b) is for indemnity under section 217 or insurance under section 218; or (c) is with an affiliate of the company. Ineligibility (2) Any director who knowingly contravenes subsection (1) ceases to hold office as director and is not eligible, for a period of five years after the date on which the contravention occurred, for election or appointment as a director of any financial institution that is incorporated or formed by or under an Act of Parliament. Validity of acts (3) An act of the board of directors of a company or of a committee of the board of directors is not invalid because a person acting as a director had ceased under subsection (2) to hold office as a director. 1991, c. 45, s. 208; 1997, c. 15, s. 363; 2005, c. 54, s. 405. General notice 209 (1) For the purposes of subsection 207(1), a general notice to the directors declaring that a director or officer is to be regarded as interested for any of the following reasons in a contract or transaction entered into with a party is a sufficient declaration of interest in relation to any contract or transaction with that party: (a) the director or officer is a director or officer of a party referred to in paragraph 207(1)(b) or (c) or a person acting in a similar capacity; (b) the director or officer has a material interest in the party; or (c) there has been a material change in the nature of the director’s or officer’s interest in the party. Access to disclosures (2) The shareholders of the company may examine the portions of any minutes of meetings of directors or committees of directors that contain disclosures under subsection 207(1), or the portions of any other documents Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Conflicts of Interest Sections 209-211 that contain those disclosures, during the usual business hours of the company. 1991, c. 45, s. 209; 2005, c. 54, s. 406. Avoidance standards 210 (1) A contract or transaction for which disclosure is required under subsection 207(1) is not invalid and a director or officer is not accountable to the company or its shareholders for any profit realized from it by reason only of the director’s or officer’s interest in the contract or transaction or the fact that the director was present or was counted to determine whether a quorum existed at the meeting of directors, or of a committee of directors, that considered it if (a) the director or officer disclosed their interest in accordance with section 207 and subsection 209(1); (b) the directors approved the contract or transaction; and (c) the contract or transaction was reasonable and fair to the company at the time that it was approved. Confirmation by shareholders (2) Even if the conditions set out in subsection (1) are not met, a director or officer acting honestly and in good faith is not accountable to the company or its shareholders for any profit realized from a contract or transaction for which disclosure was required and the contract or transaction is not invalid by reason only of the director’s or officer’s interest in it if (a) the contract or transaction is approved or confirmed by special resolution at a meeting of shareholders; (b) disclosure of the interest was made to the shareholders in a manner sufficient to indicate its nature before the contract or transaction was approved or confirmed; and (c) the contract or transaction was reasonable and fair to the company at the time that it was approved or confirmed. 1991, c. 45, s. 210; 2005, c. 54, s. 406. Court may set aside or require accounting 211 If a director or officer of a company fails to comply with any of sections 207 to 210, a court, on application of the company or any of its shareholders, may set aside the contract or transaction on any terms that the court thinks Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Conflicts of Interest Sections 211-213 fit and may require the director or officer to account to the company for any profit or gain realized on it. 1991, c. 45, s. 211; 2005, c. 54, s. 406. Liability, Exculpation and Indemnification Director liability 212 (1) Directors of a company who vote for or consent to a resolution of the directors authorizing the issue of a share contrary to subsection 68(1) or the issue of subordinated indebtedness contrary to section 83 for a consideration other than money are jointly and severally, or solidarily, liable to the company to make good any amount by which the consideration received is less than the fair equivalent of the money that the company would have received if the share or subordinated indebtedness had been issued for money on the date of the resolution. Further liability (2) Directors of a company who vote for or consent to a resolution of the directors authorizing any of the following are jointly and severally, or solidarily, liable to restore to the company any amounts so distributed or paid and not otherwise recovered by the company and any amounts in relation to any loss suffered by the company: (a) a redemption or purchase of shares contrary to section 74; (b) a reduction of capital contrary to section 78; (c) a payment of a dividend contrary to section 82; (d) a payment of an indemnity contrary to section 217; or (e) any transaction contrary to Part XI. 1991, c. 45, s. 212; 2005, c. 54, s. 407(E). Contribution 213 (1) A director who has satisfied a judgment in relation to the director’s liability under section 212 is entitled to contribution from the other directors who voted for or consented to the unlawful act on which the judgment was founded. Recovery (2) A director who is liable under section 212 is entitled to apply to a court for an order compelling a shareholder or other person to pay or deliver to the director Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Liability, Exculpation and Indemnification Sections 213-215 (a) any money or property that was paid or distributed to the shareholder or other person contrary to section 74, 78, 82 or 217; or (b) an amount equal to the value of the loss suffered by the company as a result of any transaction contrary to Part XI. Court order (3) Where an application is made to a court under subsection (2), the court may, where it is satisfied that it is equitable to do so, (a) order a shareholder or other person to pay or deliver to a director any money or property that was paid or distributed to the shareholder or other person contrary to section 74, 78, 82 or 217 or any amount referred to in paragraph (2)(b); (b) order a company to return or issue shares to a person from whom the company has purchased, redeemed or otherwise acquired shares; or (c) make any further order it thinks fit. Limitation 214 An action to enforce a liability imposed by section 212 may not be commenced after two years from the date of the resolution authorizing the action complained of. Directors liable for wages 215 (1) Subject to subsections (2) and (3), the directors of a company are jointly and severally, or solidarily, liable to each employee of the company for all debts not exceeding six months wages payable to the employee for services performed for the company while they are directors. Conditions precedent (2) A director is not liable under subsection (1) unless (a) the company has been sued for the debt within six months after it has become due and execution has been returned unsatisfied in whole or in part; (b) the company has commenced liquidation and dissolution proceedings or has been dissolved and a claim for the debt has been proven within six months after the earlier of the date of commencement of the liquidation and dissolution proceedings and the date of dissolution; or (c) a winding-up order has been issued in respect of the company under Current to June 20, 2022 Last amended on January 1, 2022 the Winding-up and Trust and Loan Companies PART VI Corporate Governance Directors and Officers Liability, Exculpation and Indemnification Sections 215-216 Restructuring Act and a claim for the debt has been allowed or proven within six months after the issue of the winding-up order. Limitations (3) A director is not liable under subsection (1) unless the director is sued for a debt referred to in that subsection while a director or within two years after the director has ceased to be a director. Amount due after execution (4) Where execution referred to in paragraph (2)(a) has issued, the amount recoverable from a director is the amount remaining unsatisfied after execution. Subrogation of director (5) Where a director of a company pays a debt referred to in subsection (1) that is proven in liquidation and dissolution or winding-up proceedings, the director is entitled to any preference that the employee would have been entitled to and, where a judgment has been obtained, the director is entitled to an assignment of the judgment. Contribution entitlement (6) A director of a company who has satisfied a claim under this section is entitled to a contribution from the other directors of the company who are liable for the claim. 1991, c. 45, s. 215; 1996, c. 6, s. 167; 2005, c. 54, s. 408(E). Defence — due diligence 216 (1) A director, officer or employee of a company is not liable under section 212 or 215 or subsection 494(1) and has fulfilled their duty under subsection 162(2) if they exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on (a) financial statements of the company that were represented to them by an officer of the company or in a written report of the auditor of the company fairly to reflect the financial condition of the company; or (b) a report of a person whose profession lends credibility to a statement made by them. Defence — good faith (2) A director or officer of a company has fulfilled their duty under subsection 162(1) if they relied in good faith on (a) financial statements of the company that were represented to them by an officer of the company or in a written report of the auditor of the company fairly to reflect the financial condition of the company; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Liability, Exculpation and Indemnification Sections 216-217 (b) a report of a person whose profession lends credibility to a statement made by them. 1991, c. 45, s. 216; 2001, c. 9, s. 503; 2005, c. 54, s. 409. Indemnification 217 (1) A company may indemnify a director or officer of the company, a former director or officer of the company or another person who acts or acted, at the company’s request, as a director or officer of or in a similar capacity for another entity against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by them in respect of any civil, criminal, administrative, investigative or other proceeding in which they are involved because of that association with the company or other entity. Advances (2) A company may advance amounts to the director, officer or other person for the costs, charges and expenses of a proceeding referred to in subsection (1). They shall repay the amounts if they do not fulfil the conditions set out in subsection (3). No indemnification (3) A company may not indemnify a person under subsection (1) unless (a) the person acted honestly and in good faith with a view to the best interests of, as the case may be, the company or the other entity for which they acted at the company’s request as a director or officer or in a similar capacity; and (b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that their conduct was lawful. Indemnification — derivative actions (4) A company may with the approval of a court indemnify a person referred to in subsection (1) or advance amounts to them under subsection (2) — in respect of an action by or on behalf of the company or other entity to procure a judgment in its favour to which the person is made a party because of the association referred to in subsection (1) with the company or other entity — against all costs, charges and expenses reasonably incurred by them in connection with that action if they fulfil the conditions set out in subsection (3). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Liability, Exculpation and Indemnification Sections 217-219 Right to indemnity (5) Despite subsection (1), a person referred to in that subsection is entitled to be indemnified by the company in respect of all costs, charges and expenses reasonably incurred by them in connection with the defence of any civil, criminal, administrative, investigative or other proceeding to which the person is subject because of the association referred to in subsection (1) with the company or other entity described in that subsection if the person (a) was not judged by the court or other competent authority to have committed any fault or omitted to do anything that they ought to have done; and (b) fulfils the conditions set out in subsection (3). Heirs and personal representatives (6) A company may, to the extent referred to in subsections (1) to (5) in respect of the person, indemnify the heirs or personal representatives of any person whom the company may indemnify under those subsections. 1991, c. 45, s. 217; 2001, c. 9, s. 504(F); 2005, c. 54, s. 409. Directors’ and officers’ insurance 218 A company may purchase and maintain insurance for the benefit of any person referred to in section 217 against any liability incurred by the person (a) in the capacity of a director or an officer of the company, except where the liability relates to a failure to act honestly and in good faith with a view to the best interests of the company; or (b) in the capacity of a director or officer of another entity or while acting in a similar capacity for another entity, if they act or acted in that capacity at the company’s request, except if the liability relates to a failure to act honestly and in good faith with a view to the best interests of the entity. 1991, c. 45, s. 218; 2005, c. 54, s. 410. Application to court for indemnification 219 (1) A company or a person referred to in section 217 may apply to a court for an order approving an indemnity under that section and the court may so order and make any further order it thinks fit. Notice to Superintendent (2) An applicant under subsection (1) shall give the Superintendent written notice of the application and the Superintendent is entitled to appear and to be heard at the hearing of the application in person or by counsel. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Directors and Officers Liability, Exculpation and Indemnification Sections 219-222 Other notice (3) On an application under subsection (1), the court may order notice to be given to any interested person and that person is entitled to appear and to be heard in person or by counsel at the hearing of the application. Fundamental Changes Amendments Incorporating instrument 220 On the application of a company duly authorized by special resolution, the Minister may approve a proposal to add, change or remove any provision that is permitted by this Act to be set out in the incorporating instrument of the company. 1991, c. 45, s. 220; 2001, c. 9, s. 505. Letters patent to amend 221 (1) On receipt of an application referred to in section 220, the Minister may issue letters patent to effect the proposal. Effect of letters patent (2) Letters patent issued pursuant to subsection (1) become effective on the day stated in the letters patent. 1991, c. 45, s. 221; 2001, c. 9, s. 506. By-laws 222 (1) The directors of a company may make, amend or repeal any by-laws, in the manner set out in subsections (2) and (3) and sections 223 to 227, to (a) change the maximum number, if any, of shares of any class that the company is authorized to issue; (b) create new classes of shares; (c) change the designation of any or all of the company’s shares, and add, change or remove any rights, privileges, restrictions and conditions, including rights to accrued dividends, in respect of any or all of the company’s shares, whether issued or unissued; (d) change the shares of any class or series, whether issued or unissued, into a different number of shares of the same class or series or into the same or a different number of shares of other classes or series; (e) divide a class of shares, whether issued or unissued, into series and fix the maximum number of shares, if any, in each series and the rights, privileges, restrictions and conditions attached thereto; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amendments Sections 222-223 (f) authorize the directors to divide any class of unissued shares into series and fix the maximum number of shares, if any, in each series and the rights, privileges, restrictions and conditions attached thereto; (g) authorize the directors to change the rights, privileges, restrictions and conditions attached to unissued shares of any series; (h) revoke, diminish or enlarge any authority conferred under paragraphs (f) and (g); (i) increase or decrease the number of directors or the minimum or maximum number of directors, subject to subsection 163(1) and section 172; (i.1) change the name of the company; or (j) change the province in which the head office of the company is situated. Shareholder approval (2) The directors shall submit a by-law, or an amendment to or a repeal of a by-law, that is made under subsection (1) to the shareholders, and the shareholders may, by special resolution, confirm, amend or reject the by-law, amendment or repeal. Effective date of by-law (3) A by-law, or an amendment to or a repeal of a by-law, made under subsection (1) is not effective until it is confirmed or confirmed as amended by the shareholders under subsection (2) and, in the case of by-laws respecting a change to the name of the company, approved by the Superintendent. Letters patent (4) If the name of a company or the province in Canada in which the head office of the company is situated is changed under this section, the Superintendent may issue letters patent to amend the company’s incorporating instrument accordingly. Effect of letters patent (5) Letters patent issued under subsection (4) become effective on the day stated in the letters patent. 1991, c. 45, s. 222; 2001, c. 9, s. 507; 2005, c. 54, s. 411; 2007, c. 6, s. 347. Class vote 223 (1) The holders of shares of a class or, subject to subsection (2), of a series are, unless the by-laws otherwise provide in the case of an amendment to the by-laws referred to in paragraph (a), (b) or (e), entitled to vote Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amendments Section 223 separately as a class or series on a proposal to amend the by-laws to (a) increase or decrease any maximum number of authorized shares of that class, or increase any maximum number of authorized shares of a class having rights or privileges equal or superior to the shares of that class; (b) effect an exchange, reclassification or cancellation of all or part of the shares of that class; (c) add, change or remove the rights, privileges, restrictions or conditions attached to the shares of that class and, without limiting the generality of the foregoing, (i) remove or change prejudicially rights to accrued dividends or rights to cumulative dividends, (ii) add, remove or change prejudicially redemption rights, (iii) reduce or remove a dividend preference or a liquidation preference, or (iv) add, remove or change prejudicially conversion privileges, options, voting, transfer or pre-emptive rights, or rights to acquire securities of the company, or sinking fund provisions; (d) increase the rights or privileges of any class of shares having rights or privileges equal or superior to the shares of that class; (e) create a new class of shares equal or superior to the shares of that class; (f) make any class of shares having rights or privileges inferior to the shares of that class equal or superior to the shares of that class; or (g) effect an exchange or create a right of exchange of all or part of the shares of another class into the shares of that class. Right limited (2) The holders of a series of shares of a class are entitled to vote separately as a series under subsection (1) if that series is affected by an addition or amendment to the bylaws in a manner different from other shares of the same class. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amendments Sections 223-228 Right to vote (3) Subsections (1) and (2) apply whether or not the shares of a class otherwise carry the right to vote. Separate resolutions 224 A proposed addition or amendment to the by-laws referred to in subsection 223(1) is adopted when the holders of the shares of each class or series entitled to vote separately thereon as a class or series have approved the addition or amendment by a special resolution. Revoking resolution 225 Where a special resolution referred to in subsection 222(2) so states, the directors may, without further approval of the shareholders, revoke the special resolution. Proposal to amend 226 (1) Subject to subsection (2), a director or a shareholder who is entitled to vote at an annual meeting of shareholders of a company may, in accordance with sections 146 and 147, make a proposal to make an application referred to in section 220 or to make, amend or repeal the by-laws referred to in subsection 222(1) of the company. Notice of amendment (2) Notice of a meeting of shareholders at which a proposal to amend the incorporating instrument or to make, amend or repeal the by-laws of a company is to be considered must set out the proposal. 1991, c. 45, s. 226; 2001, c. 9, s. 508. Rights preserved 227 No amendment to the incorporating instrument or by-laws of a company affects an existing cause of action or claim or liability to prosecution in favour of or against the company or its directors or officers, or any civil, criminal or administrative action or proceeding to which the company or any of its directors or officers are a party. Amalgamation Application to amalgamate 228 On the joint application of (a) two or more companies, (b) one or more companies and one or more bodies corporate that are incorporated by or under an Act of Parliament, other than a federal credit union, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 228-229 (c) two or more bodies corporate incorporated by or under an Act of Parliament, other than a federal credit union, the Minister may issue letters patent amalgamating and continuing the applicants as one company. 1991, c. 45, s. 228; 2010, c. 12, s. 2125. Amalgamation agreement 229 (1) Each applicant proposing to amalgamate shall enter into an amalgamation agreement. Contents of agreement (2) Every amalgamation agreement shall set out the terms and means of effecting the amalgamation and, in particular, (a) the name of the amalgamated company and the province in which its head office is to be situated; (b) the name and place of ordinary residence of each proposed director of the amalgamated company; (c) the manner in which the shares of each applicant are to be converted into shares or other securities of the amalgamated company; (d) if any shares of an applicant are not to be converted into shares or other securities of the amalgamated company, the amount of money or securities that the holders of those shares are to receive in addition to or in lieu of shares or other securities of the amalgamated company; (e) the manner of payment of money in lieu of the issue of fractional shares of the amalgamated company or of any other body corporate that are to be issued in the amalgamation; (f) the proposed by-laws of the amalgamated company; (g) details of any other matter necessary to perfect the amalgamation and to provide for the subsequent management and operation of the amalgamated company; and (h) the proposed effective date of the amalgamation. Cross ownership of shares (3) If shares of one of the applicants are held by or on behalf of another of the applicants, other than shares held in the capacity of a personal representative or by way of security, the amalgamation agreement must provide for the cancellation of those shares when the amalgamation becomes effective without any repayment of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 229-231 capital in respect thereof, and no provision shall be made in the agreement for the conversion of those shares into shares of the amalgamated company. 1991, c. 45, s. 229; 2005, c. 54, s. 412. Approval of agreement by Superintendent 230 An amalgamation agreement must be submitted to the Superintendent for approval and any approval of the agreement under subsection 231(4) by the holders of any class or series of shares of an applicant is invalid unless, before the date of the approval, the Superintendent has approved the agreement in writing. 1991, c. 45, s. 230; 2007, c. 6, s. 348. Shareholder approval 231 (1) The directors of each applicant shall submit an amalgamation agreement for approval to a meeting of the holders of shares of the applicant company or body corporate of which they are directors and, subject to subsection (3), to the holders of each class or series of such shares. Right to vote (2) Each share of an applicant carries the right to vote in respect of an amalgamation agreement whether or not it otherwise carries the right to vote. Separate vote for class or series (3) The holders of shares of a class or series of shares of each applicant are entitled to vote separately as a class or series in respect of an amalgamation agreement if the agreement contains a provision that, if it were contained in a proposed amendment to the by-laws or incorporating instrument of the applicant, would entitle those holders to vote separately as a class or series. Special resolution (4) Subject to subsection (3), an amalgamation agreement is approved when the shareholders of each applicant company or body corporate have approved the amalgamation by special resolution. Termination (5) An amalgamation agreement may provide that, at any time before the issue of letters patent of amalgamation, the agreement may be terminated by the directors of an applicant notwithstanding that the agreement has been approved by the shareholders of all or any of the applicant companies or bodies corporate. 1991, c. 45, s. 231; 2005, c. 54, s. 413. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Section 232 Vertical short-form amalgamation 232 (1) A company may, without complying with sections 229 to 231, amalgamate with one or more bodies corporate that are incorporated by or under an Act of Parliament if the body or bodies corporate, as the case may be, are wholly-owned subsidiaries of the company and (a) the amalgamation is approved by a resolution of the directors of the company and of each amalgamating subsidiary; and (b) the resolutions provide that (i) the shares of each amalgamating subsidiary will be cancelled without any repayment of capital in respect thereof, (ii) the letters patent of amalgamation and the bylaws of the amalgamated company will be the same as the incorporating instrument and the by-laws of the amalgamating company that is the holding body corporate, and (iii) no securities will be issued by the amalgamated company in connection with the amalgamation. Horizontal short-form amalgamation (2) Two or more bodies corporate incorporated by or under an Act of Parliament may amalgamate and continue as one company without complying with sections 229 to 231 if (a) at least one of the applicants is a company; (b) the applicants are all wholly-owned subsidiaries of the same holding body corporate; (c) the amalgamation is approved by a resolution of the directors of each of the applicants; and (d) the resolutions provide that (i) the shares of all applicants, except those of one of the applicants that is a company, will be cancelled without any repayment of capital in respect thereof, (ii) the letters patent of amalgamation and the bylaws of the amalgamated company will be the same as the incorporating instrument and the by-laws of the amalgamating company whose shares are not cancelled, and (iii) the stated capital of the amalgamating companies and bodies corporate whose shares are Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 232-233 cancelled will be added to the stated capital of the amalgamating company whose shares are not cancelled. Joint application to Minister 233 (1) Subject to subsection (2), unless an amalgamation agreement is terminated in accordance with subsection 231(5), the applicants shall, within three months after the approval of the agreement in accordance with subsection 231(4) or the approval of the directors in accordance with subsection 232(1) or (2), jointly apply to the Minister for letters patent of amalgamation continuing the applicants as one company. Conditions precedent to application (2) No application for the issue of letters patent under subsection (1) may be made unless (a) notice of intention to make such an application has been published at least once a week for a period of four consecutive weeks in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of each applicant is situated; and (b) the application is supported by satisfactory evidence that the applicants have complied with the requirements of this Part relating to amalgamations. Application of sections 22 to 25 (3) If two or more bodies corporate, none of which is a company, apply for letters patent under subsection (1), sections 22 to 25 apply in respect of the application with any modifications that the circumstances require. Matters for consideration (4) Before issuing letters patent of amalgamation continuing the applicants as one company, the Minister shall take into account all matters that the Minister considers relevant to the application, including (a) the sources of continuing financial support for the amalgamated company; (b) the soundness and feasibility of the plans of the applicants for the future conduct and development of the business of the amalgamated company; (c) the business record and experience of the applicants; (d) the reputation of the applicants for being operated in a manner that is consistent with the standards of good character and integrity; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 233-235 (e) whether the amalgamated company will be operated responsibly by persons with the competence and experience suitable for involvement in the operation of a financial institution; (f) the impact of any integration of the operations and businesses of the applicants on the conduct of those operations and businesses; and (g) the best interests of the financial system in Canada. 1991, c. 45, s. 233; 2001, c. 9, s. 509. Issue of letters patent 234 (1) Where an application has been made to the Minister in accordance with section 233, the Minister may issue letters patent of amalgamation continuing the applicants as one company. Letters patent (2) Where letters patent are issued pursuant to this section, section 27 applies with such modifications as the circumstances require in respect of the issue of the letters patent. Publication of notice (3) The Superintendent shall cause to be published in the Canada Gazette notice of the issuance of letters patent pursuant to subsection (1). Court enforcement 234.1 (1) If a company or any director, officer, employee or agent of a company is contravening or has failed to comply with any term or condition made in respect of the issuance of letters patent of amalgamation, the Minister may, in addition to any other action that may be taken under this Act, apply to a court for an order directing the company or the director, officer, employee or agent to comply with the term or condition, cease the contravention or do any thing that is required to be done, and on the application the court may so order and make any other order it thinks fit. Appeal (2) An appeal from an order of a court under this section lies in the same manner as, and to the same court to which, an appeal may be taken from any other order of the court. 2001, c. 9, s. 510. Effect of letters patent 235 (1) On the day provided for in the letters patent issued under section 234 Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 235-236 (a) the amalgamation of the applicants and their continuance as one company becomes effective; (b) the property of each applicant continues to be the property of the amalgamated company; (c) the amalgamated company continues to be liable for the obligations of each applicant; (d) any existing cause of action, claim or liability to prosecution is unaffected; (e) any civil, criminal or administrative action or proceeding pending by or against an applicant may be continued to be prosecuted by or against the amalgamated company; (f) any conviction against, or ruling, order or judgment in favour of or against, an applicant may be enforced by or against the amalgamated company; (g) if any director or officer of an applicant continues as a director or officer of the amalgamated company, any disclosure by that director or officer of a material interest in any contract made to the applicant shall be deemed to be disclosure to the amalgamated company; and (h) the letters patent of amalgamation are the incorporating instrument of the amalgamated company. Minutes (2) Any deemed disclosure under paragraph (1)(g) shall be recorded in the minutes of the first meeting of directors of the amalgamated company. Transitional 236 (1) Notwithstanding any other provision of this Act or the regulations, the Minister may, by order, on the recommendation of the Superintendent, grant to a company in respect of which letters patent were issued under subsection 234(1) permission to (a) engage in a business activity specified in the order that a company is not otherwise permitted by this Act to engage in and that one or more of the amalgamating bodies corporate was engaging in at the time application for the letters patent was made; (b) continue to have issued and outstanding debt obligations the issue of which is not authorized by this Act if the debt obligations were outstanding at the time the application for the letters patent was made; (c) [Repealed, 1994, c. 47, s. 204] Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Section 236 (d) hold assets that a company is not otherwise permitted by this Act to hold if the assets were held by one or more of the amalgamating bodies corporate at the time the application for the letters patent was made; (e) acquire and hold assets that a company is not otherwise permitted by this Act to acquire or hold if one or more of the amalgamating bodies corporate were obliged, at the time the application for the letters patent was made, to acquire those assets; (f) maintain outside Canada any records or registers required by this Act to be maintained in Canada; and (g) where one or more of the applicants that applied for the letters patent was a trust company pursuant to subsection 57(2) and the amalgamated company is not a trust company pursuant to subsection 57(2), hold guaranteed trust money that was held by the trust company or companies immediately prior to the amalgamation on condition that the amalgamated company (i) repay, or transfer to deposit accounts with the amalgamated company, each deposit of guaranteed trust money that is payable on demand or after notice within such period after the amalgamation as may be specified in the order of the Governor in Council, and (ii) not renew or extend the term of any guaranteed investment certificate for which the amalgamated company has assumed liability under this section. Duration of exceptions (2) The permission granted under any of paragraphs (1)(a) to (f) shall be expressed to be granted for a period specified in the order not exceeding (a) with respect to any matter described in paragraph (1)(a), thirty days after the date of issue of the letters patent or, where the activity is conducted pursuant to an agreement existing on the date of issue of the letters patent, the expiration of the agreement; (b) with respect to any matter described in paragraph (1)(b), ten years; and (c) with respect to any matter described in any of paragraphs (1)(d) to (f), two years. Renewal (3) Subject to subsection (4), the Minister may, by order, on the recommendation of the Superintendent, renew a permission granted by order under subsection (1) with Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Amalgamation Sections 236-237 respect to any matter described in any of paragraphs (1)(b) to (e) for any further period or periods that the Minister considers necessary. Limitation (4) The Minister shall not grant to a company any permission (a) with respect to matters described in paragraph (1)(b), that purports to be effective more than ten years after the date of the approval for the company to commence and carry on business, unless the Minister is satisfied on the basis of evidence on oath provided by an officer of the company that the company will not be able at law to redeem at the end of the ten years the outstanding debt obligations to which the permission relates; and (b) with respect to matters described in paragraphs (1)(d) and (e), that purports to be effective more than ten years after the date of issue of the letters patent. 1991, c. 45, s. 236; 1994, c. 47, s. 204; 1997, c. 15, s. 364; 2007, c. 6, s. 349. Transfer of Business Sale by company 237 (1) A company may sell all or substantially all of its assets to a financial institution incorporated by or under an Act of Parliament or to an authorized foreign bank in respect of its business in Canada if the purchasing financial institution or authorized foreign bank assumes all or substantially all of the liabilities of the company. Sale agreement (2) An agreement of purchase and sale (in subsection (3), section 238, subsections 239(1) and (4) and section 241 referred to as a “sale agreement”) shall set out the terms of, and means of effecting, the sale of assets referred to in subsection (1). Consideration (3) Notwithstanding anything in this Act, the consideration for a sale referred to in subsection (1) may be cash or fully paid securities of the purchasing financial institution or authorized foreign bank or in part cash and in part fully paid securities of the purchasing financial institution or authorized foreign bank or any other consideration that is provided for in the sale agreement. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Transfer of Business Sections 237-241 Meaning of authorized foreign bank (4) In this section, authorized foreign bank has the meaning assigned to that expression by section 2 of the Bank Act. 1991, c. 45, s. 237; 1999, c. 28, s. 139. Agreement to Superintendent 238 A sale agreement must be submitted to the Superintendent before it is sent to shareholders of the selling company under subsection 239(1). 1991, c. 45, s. 238; 2007, c. 6, s. 350. Shareholder approval 239 (1) The directors of a selling company shall submit a sale agreement for approval to a meeting of the holders of shares of the company and, subject to subsection (3), to the holders of each class or series of shares of the company. Right to vote (2) Each share of a selling company carries the right to vote in respect of a sale referred to in subsection 237(1) whether or not the share otherwise carries the right to vote. Class vote (3) The holders of shares of a class or series of shares of a selling company are entitled to vote separately as a class or series in respect of a sale referred to in subsection 237(1) only if the shares of the class or series are affected by the sale in a manner different from the shares of another class or series. Special resolution (4) A sale agreement is approved when the shareholders, and the holders of each class or series of shares entitled to vote separately as a class or series pursuant to subsection (3), of the selling company have approved the sale by special resolution. Abandoning sale 240 Where a special resolution approving a sale under subsection 239(4) so states, the directors of a selling company may, subject to the rights of third parties, abandon the sale without further approval of the shareholders. Application to Minister 241 (1) Subject to subsection (2), unless a sale agreement is abandoned in accordance with section 240, the selling company shall, within three months after the approval of the sale agreement in accordance with Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Fundamental Changes Transfer of Business Sections 241-242 subsection 239(4), apply to the Minister for approval of the sale agreement. Conditions precedent to application (2) No application for approval under subsection (1) may be made unless (a) notice of intention to make such an application has been published at least once a week for a period of four consecutive weeks in the Canada Gazette and in a newspaper in general circulation at or near the place where the head office of the selling company is situated; (b) the application is supported by satisfactory evidence that the selling company has complied with the requirements of sections 237 to 240 and this section; and (c) where the selling company is a trust company pursuant to subsection 57(2), the application is supported by satisfactory evidence that the selling company has made such arrangements as may be necessary to transfer to another company that is a trust company pursuant to subsection 57(2) money or other assets held in trust by the selling company, other than assets held in respect of guaranteed trust money. Approval by Minister (3) A sale agreement has no force or effect until it has been approved by the Minister. Idem (4) Where an application has been made to the Minister in accordance with subsections (1) and (2), the Minister may approve the sale agreement to which the application relates. Idem (5) Where a selling company is a trust company pursuant to subsection 57(2), the Minister shall not approve the sale agreement until the Minister is satisfied that the selling company has made satisfactory arrangements for the protection of persons in relation to whom the selling company was acting in a fiduciary capacity. Corporate Records Head Office and Corporate Records Head office 242 (1) A company shall at all times have a head office in the province specified in its incorporating instrument or by-laws. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 242-243 Change of head office (2) The directors of a company may change the address of the head office within the province specified in the incorporating instrument or by-laws. Notice of change of address (3) A company shall send to the Superintendent, within fifteen days after any change of address of its head office, a notice of the change of address. 1991, c. 45, s. 242; 2005, c. 54, s. 414. Company records 243 (1) A company shall prepare and maintain records containing (a) its incorporating instrument and the by-laws of the company and all amendments thereto; (b) minutes of meetings and resolutions of shareholders; (c) the information referred to in paragraphs 499(1)(a), (c) and (e) to (h) contained in all returns provided to the Superintendent pursuant to section 499; (d) particulars of any authorizations, designations, conditions and limitations established by the Superintendent under subsection 57(1), (3) or (4) or 58(1) that are from time to time applicable to the company; and (e) particulars of exceptions granted under section 37 or 236 that are from time to time applicable to the company. Additional records (2) In addition to the records described in subsection (1), a company shall prepare and maintain adequate (a) corporate accounting records; (b) records containing minutes of meetings and resolutions of the directors and any committee thereof; (c) records relating to fiduciary activities of the company; and (d) records showing, for each customer of the company, on a daily basis, particulars of the transactions between the company and that customer and the balance owing to or by the company in respect of that customer. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 243-244 Former-Act and continued companies (3) For the purposes of paragraph (1)(b) and subsection (2), (a) in the case of a body corporate continued as a company under this Act, “records” includes similar records required by law to be maintained by the body corporate before it was so continued; (b) in the case of a body corporate amalgamated and continued as a company under this Act, “records” includes similar records required by law to be maintained by the body corporate before it was so amalgamated; and (c) in the case of a former-Act company, “records” includes similar records required by law to be maintained by the company before the coming into force of this section. 1991, c. 45, s. 243; 1997, c. 15, s. 365(E); 2007, c. 6, s. 351(E). Place of records 244 (1) The records described in section 243 shall be kept at the head office of the company or at such other place in Canada as the directors think fit. Notice of place of records (2) Where any of the records described in section 243 are not kept at the head office of a company, the company shall notify the Superintendent of the place where the records are kept. Exception (3) Subsection (1) does not apply in respect of records of a branch of the company outside Canada or in respect of customers of such a branch. Exception (3.1) Subject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. Inspection (4) The records described in section 243, other than those described in paragraph 243(2)(d), shall at all reasonable times be open to inspection by the directors. Access to company records (5) Shareholders and creditors of a company and their personal representatives may examine the records referred to in subsection 243(1) during the usual business hours of the company and may take extracts from them free of charge or have copies of them made on payment of a reasonable fee. If the company is a distributing Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 244-245 company, any other person may on payment of a reasonable fee examine those records during the usual business hours of the company and take extracts from them or have copies of them made. Electronic access (5.1) A company may make the information contained in records referred to in subsection 243(1) available to persons by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing the records in intelligible written form within a reasonable time. Copies of by-laws (6) Every shareholder of a company is entitled, on request made not more frequently than once in each calendar year, to receive, free of charge, one copy of the bylaws of the company. 1991, c. 45, s. 244; 2001, c. 9, s. 511; 2005, c. 54, s. 415; 2020, c. 1, s. 154. Shareholder lists 245 (1) A person who is entitled to a basic list of shareholders of a company (in this section referred to as the “applicant”) may request the company to furnish the applicant with a basic list within ten days after receipt by the company of the affidavit referred to in subsection (2) and, on payment of a reasonable fee by the applicant, the company shall comply with the request. Affidavit and contents (2) A request under subsection (1) must be accompanied by an affidavit containing (a) the name and address of the applicant, (b) the name and address for service of the entity, if the applicant is an entity, and (c) an undertaking that the basic list and any supplemental lists obtained pursuant to subsections (5) and (6) will not be used except as permitted under section 247, and, if the applicant is an entity, the affidavit shall be made by a director or an officer of the entity, or any person acting in a similar capacity. Entitlement (3) A shareholder or creditor of a company or their personal representative — or if the company is a distributing company, any person — is entitled to a basic list of shareholders of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 245-247 Basic list (4) A basic list of shareholders of a company consists of a list of shareholders that is made up to a date not more than ten days before the receipt of the affidavit referred to in subsection (2) and that sets out (a) the names of the shareholders of the company; (b) the number of shares owned by each shareholder; and (c) the address of each shareholder as shown in the records of the company. Supplemental lists (5) A person requiring a company to supply a basic list of shareholders may, if the person states in the accompanying affidavit that supplemental lists are required, request the company or its agent, on payment of a reasonable fee, to provide supplemental lists of shareholders setting out any changes from the basic list in the names and addresses of the shareholders and the number of shares owned by each shareholder for each business day following the date to which the basic list is made up. When supplemental lists to be furnished (6) A company or its agent shall provide a supplemental list of shareholders required under subsection (5) (a) within ten days following the date the basic list is provided, where the information relates to changes that took place prior to that date; and (b) within ten days following the day to which the supplemental list relates, where the information relates to changes that took place on or after the date the basic list was provided. 1991, c. 45, s. 245; 2005, c. 54, s. 416; 2007, c. 6, ss. 352(E), 451(E). Option holders 246 A person requiring a company to supply a basic list or a supplemental list of shareholders may also require the company to include in that list the name and address of any known holder of an option or right to acquire shares of the company. Use of shareholder list 247 A list of shareholders obtained under section 245 shall not be used by any person except in connection with (a) an effort to influence the voting of shareholders of the company; (b) an offer to acquire shares of the company; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 247-250 (c) any other matter relating to the affairs of the company. Form of records 248 (1) A register or other record required or authorized by this Act to be prepared and maintained by a company (a) may be in a bound or loose-leaf form or in a photographic film form; or (b) may be entered or recorded by any system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time. Conversion of records (2) Registers and records maintained in one form may be converted to any other form. Destruction of converted records (3) Notwithstanding section 251, a company may destroy any register or other record referred to in subsection (1) at any time after the register or other record has been converted to another form. Protection of records 249 A company and its agents shall take reasonable precautions to (a) prevent loss or destruction of, (b) prevent falsification of entries in, (c) facilitate detection and correction of inaccuracies in, and (d) ensure that unauthorized persons do not have access to or use of information in the registers and records required or authorized by this Act to be prepared and maintained. Requirement to maintain copies and process information in Canada 250 (1) If the Superintendent is of the opinion that it is incompatible with the fulfilment of the Superintendent’s responsibilities under this Act for a company to maintain, in another country, copies of records referred to in section 243 or of its central securities register or for a company to process, in another country, information or data relating to the preparation and maintenance of those records or of its central securities register — or if the Superintendent is advised by the Minister that, in the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 250-251 opinion of the Minister, it is not in the national interest for a company to do any of those activities in another country — the Superintendent shall direct the company to not maintain those copies, or to not process the information or data, as the case may be, in that other country or to maintain those copies or to process the information or data only in Canada. Direction — immediate, direct, complete and ongoing access (1.1) Where a company referred to in subsection 244(3.1) or 256(3) maintains records referred to in section 243 or the central securities register at a place outside Canada, the Superintendent may, in the case referred to in paragraph (a), and shall, in the case referred to in paragraph (b), by order, direct the company to maintain a copy of those records or register at any place in Canada as the directors think fit (a) if the Superintendent is of the opinion that he or she does not have immediate, direct, complete and ongoing access to those records or register; or (b) if the Superintendent is advised by the Minister that the Minister is of the opinion that it is not in the national interest for the company not to maintain a copy of those records or register at any place in Canada. Company to comply (2) A company shall without delay comply with any order issued under subsection (1) or (1.1). 1991, c. 45, s. 250; 2001, c. 9, s. 512; 2005, c. 54, s. 417; 2007, c. 6, s. 353; 2020, c. 1, s. 155. Retention of records 251 (1) A company shall retain (a) the records of the company referred to in subsection 243(1); (b) any record of the company referred to in paragraph 243(2)(a) or (b); and (c) the central securities register referred to in subsection 253(1). Idem (2) A company shall retain all signature cards and signing authorities or copies thereof relating to any deposit or instrument in respect of which the company has paid an amount to the Bank of Canada pursuant to section 424 until the Bank of Canada notifies the company that they need no longer be retained. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Head Office and Corporate Records Sections 251-253 Evidence (3) Copies of the signature cards and signing authorities referred to in subsection (2) may be kept in any manner or form referred to in paragraphs 248(1)(a) and (b) and any such copies, or prints therefrom, are admissible in evidence in the same manner and to the same extent as the original signature cards and signing authorities. Relief (4) Nothing in this section affects the operation of any statute of limitation or prescription or relieves the company from any obligation to the Bank of Canada in respect of any deposit or instrument in respect of which section 424 applies. Regulations 252 The Governor in Council may make regulations respecting the records, papers and documents to be retained by a company, including the length of time those records, papers and documents are to be retained, and what constitutes immediate, direct, complete and ongoing access, for the purpose of paragraph 250(1.1)(a). 1991, c. 45, s. 252; 2020, c. 1, s. 156. Securities Registers Central securities register 253 (1) A company shall maintain a central securities register in which it shall record the securities, within the meaning of section 84, issued by it in registered form, showing in respect of each class or series of securities (a) the names, alphabetically arranged, and latest known addresses of the persons who are security holders, and the names and latest known addresses of the persons who have been security holders; (b) the number of securities held by each security holder; and (c) the date and particulars of the issue and transfer of each security. Former-Act and continued companies (2) For the purposes of subsection (1), “central securities register” includes similar registers required by law to be maintained by a former-Act company or by a body corporate continued, or amalgamated and continued, as a company under this Act before the continuance, amalgamation or coming into force of this section, as the case may be. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Securities Registers Section 253 Access to central securities register (3) Shareholders and creditors of a company and their personal representatives may examine the central securities register during the usual business hours of the company and may take extracts from it free of charge or have copies of it made on payment of a reasonable fee. If the company is a distributing company, any other person may on payment of a reasonable fee examine the central securities register during the usual business hours of the company and take extracts from it or have copies of it made. Electronic access (4) The company may make the information contained in the central securities register available by any mechanical or electronic data processing system or other information storage device that is capable of reproducing it in intelligible written form within a reasonable time. Affidavit and undertaking (5) A person who wishes to examine the central securities register, take extracts from it or have copies of it made shall provide the company with an affidavit containing their name and address — or if they are an entity, the name and address for service of the entity — and with an undertaking that the information contained in the register will not be used except in the same way as a list of shareholders may be used under section 247. In the case of an entity, the affidavit is to be sworn by a director or officer of the entity or a person acting in a similar capacity. Supplementary information (6) A person who wishes to examine a central securities register, take extracts from it or have copies of it made may on payment of a reasonable fee, if they state in the accompanying affidavit that supplementary information is required, request the company or its agent to provide supplementary information setting out any changes made to the register. When supplementary information to be provided (7) A company or its agent shall provide the supplementary information within Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Securities Registers Sections 253-258 (a) 10 days after the day on which the central securities register is examined if the changes take place before that day; and (b) 10 days after the day to which the supplementary information relates if the changes take place on or after the day on which the central securities register is examined. 1991, c. 45, s. 253; 2001, c. 9, s. 513; 2005, c. 54, s. 418. Branch registers 254 A company may establish as many branch securities registers as it considers necessary. Agents 255 A company may appoint an agent to maintain its central securities register and each of its branch securities registers. Location of central securities register 256 (1) The central securities register of a company shall be maintained by the company at its head office or at any other place in Canada designated by the directors of the company. Location of branch securities register (2) A branch securities register of a company may be kept at any place in or outside Canada designated by the directors of the company. Exception (3) Subject to subsection 250(1.1), subsection (1) does not apply to a company that is a subsidiary of a regulated foreign entity. 1991, c. 45, s. 256; 2020, c. 1, s. 157. Effect of registration 257 Registration of the issue or transfer of a security in the central securities register or in a branch securities register is complete and valid registration for all purposes. Particulars in branch register 258 (1) A branch securities register shall only contain particulars of the securities issued or transferred at the branch for which that register is established. Particulars in central register (2) Particulars of each issue or transfer of a security registered in a branch securities register of a company shall also be kept in the central securities register of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Securities Registers Sections 259-270 Destruction of certificates 259 A company, its agent or a trustee within the meaning of section 299 is not required to produce (a) a cancelled security certificate in registered form or an instrument referred to in subsection 72(1) that is cancelled or a like cancelled instrument in registered form after six years from the date of its cancellation; (b) a cancelled security certificate in bearer form or an instrument referred to in subsection 72(1) that is cancelled or a like cancelled instrument in bearer form after the date of its cancellation; or (c) an instrument referred to in subsection 72(1) or a like instrument, irrespective of its form, after the date of its expiration. Corporate Name and Seal Publication of name 260 A company shall set out its name in legible characters in all contracts, invoices, negotiable instruments and other documents evidencing rights or obligations with respect to other parties that are issued or made by or on behalf of the company. Corporate seal 261 (1) A company may adopt a corporate seal and change one that it adopted. Validity of unsealed documents (2) A document executed on behalf of a company is not invalid merely because a corporate seal is not affixed to it. 1991, c. 45, s. 261; 2005, c. 54, s. 419. 262 to 269 [Repealed, 1997, c. 15, s. 366] Insiders Definitions 270 (1) In this section and sections 271 to 277, affiliate means a body corporate that is affiliated with another body corporate within the meaning of subsection 6(2); (groupe) business combination means an acquisition of all or substantially all of the assets of one body corporate by another, an amalgamation of two or more bodies corporate or any similar reorganization between two or more bodies corporate; (regroupement d’entreprises) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Insiders Sections 270-271 call means an option, transferable by delivery, to demand delivery of a specified number or amount of shares at a fixed price within a specified time but does not include an option or right to acquire shares of the body corporate that granted the option or right to acquire; (option d’achat) distributing company [Repealed, 2005, c. 54, s. 420] insider [Repealed, 2005, c. 54, s. 420] officer, in relation to a company, means (a) an officer as defined in paragraph (a) of the definition “officer” in section 2, or (b) any natural person who performs functions for the company similar to those performed by a person referred to in paragraph (a) of the definition “officer” in section 2; (dirigeant d’une société) put means an option, transferable by delivery, to deliver a specified number or amount of shares at a fixed price within a specified time; (option de vente) share means a voting share and includes (a) a security currently convertible into a voting share, and (b) a currently exercisable option or a right to acquire a voting share or a security referred to in paragraph (a). (action) Control (2) For the purposes of this section and sections 271 to 277, a person controls a body corporate when the person controls the body corporate within the meaning of section 3, determined without regard to paragraph 3(1)(d). (3) and (4) [Repealed, 2005, c. 54, s. 420] 1991, c. 45, s. 270; 2005, c. 54, s. 420. Insider Reporting Insider report 271 An insider shall submit an insider report in accordance with the regulations. 1991, c. 45, s. 271; 1997, c. 15, s. 367; 2005, c. 54, s. 421. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Insider Reporting Sections 272-275 Exemption by Superintendent 272 On application by an insider, the Superintendent may in writing and on any terms that the Superintendent thinks fit exempt the insider from any of the requirements of section 271. The exemption may be given retroactive effect and the Superintendent shall publish the particulars of the exemption and the reasons for it in a periodical available to the public. 1991, c. 45, s. 272; 2005, c. 54, s. 421. 272.1 [Repealed, 2005, c. 54, s. 421] Regulations 273 The Governor in Council may make regulations for carrying out the purposes of sections 271 and 272, including (a) defining “insider” for the purposes of sections 271 and section 272; (b) respecting the form and content of an insider report; and (c) respecting the submission or publication of an insider report. 1991, c. 45, s. 273; 2005, c. 54, s. 421. 274 [Repealed, 2005, c. 54, s. 421] Insider Trading Meaning of insider 275 (1) In this section, insider means with respect to a distributing company (a) a director or officer of the company; (b) a director or officer of a subsidiary of the company; (c) a director or officer of a body corporate that enters into a business combination with the company; or (d) a person employed or retained by the company. Prohibition — short sale (2) No insider may knowingly sell, directly or indirectly, a security of a distributing company or of any of the distributing company’s affiliates if the insider does not own or has not fully paid for the security. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Insider Trading Sections 275-276 Exception (3) Despite subsection (2), an insider may sell a security that they do not own if they own another security that is convertible into the security that was sold or they own an option or right to acquire the security that was sold, and if within 10 days after the sale they (a) exercise the conversion privilege, option or right and deliver the security so acquired to the purchaser; or (b) transfer the convertible security, option or right to the purchaser. Prohibition — calls and puts (4) No insider may knowingly, directly or indirectly, buy or sell a call or put in respect of a security of a company or of any of the company’s affiliates. 1991, c. 45, s. 275; 2005, c. 54, s. 422. Civil Remedies Extended meaning of insider 276 (1) In this section and sections 276.1 and 277, insider with respect to a company means (a) the company; (b) an affiliate of the company; (c) a director or officer of the company or of any person described in paragraph (b), (d) or (f); (d) a person who beneficially owns directly or indirectly, or who exercises control or direction over or has a combination of ownership, control and direction in respect of, shares of the company carrying more than the prescribed percentage of the voting rights attached to all of the company’s outstanding shares not including shares held by the person as underwriter while those shares are in the course of a distribution to the public; (e) a person, other than a person described in paragraph (f), who is employed or retained by the company or by a person described in paragraph (f); (f) a person who engages in or proposes to engage in any business or professional activity with or on behalf of the company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Civil Remedies Section 276 (g) a person who received material confidential information concerning the company while they were a person described in any of paragraphs (a) to (f); (h) a person who receives material confidential information from a person who is and who they know or ought reasonably to have known is a person described in this subsection, including in this paragraph, or subsection (3) or (4); or (i) a prescribed person. Extended meaning of security (2) For the purposes of this section, each of the following is deemed to be a security of a company: (a) a put, call, option or other right or obligation to purchase or sell a security of the company; and (b) a security of another entity, the market price of which varies materially with the market price of the securities of the company. Deemed insider — take-over bid or business combination (3) For the purposes of this section and subsection 276.1(1), a person who proposes to make a take-over bid as defined in the regulations for securities of a company or to enter into a business combination with a company is an insider of the company with respect to material confidential information obtained from the company. Deemed insider — affiliate or associate (4) An insider of a person referred to in subsection (3), or the person’s affiliate or associate, is an insider of the company referred to in that subsection. Paragraphs (1)(b) to (i) apply in making this determination except that references to “company” are to be read as references to “person described in subsection (3)”. Meaning of associate (5) In subsection (4), associate means with respect to a person (a) a body corporate that the person directly or indirectly controls, determined without regard to paragraph 3(1)(d), or of which they beneficially own shares or securities currently convertible into shares carrying more than 10% of the voting rights under all circumstances or by reason of the occurrence of an event that has occurred and is continuing or a currently Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Civil Remedies Sections 276-276.1 exercisable option or right to purchase the shares or convertible securities; (b) a partner of the person acting on behalf of the partnership of which they are partners; (c) a trust or estate in which the person has a substantial beneficial interest or in respect of which they serve as a trustee or a liquidator of the succession or in a similar capacity; (d) a spouse or common-law partner of the person; (e) a child of the person or of their spouse or common-law partner; or (f) if that relative has the same residence as the person, a relative of the person or of their spouse or common-law partner. Insider trading — compensation to sellers and purchasers (6) An insider of a company who purchases or sells a security of the company with knowledge of confidential information that if it were generally known might reasonably be expected to materially affect the value of any of the securities of the company is liable to compensate the seller or purchaser of the security, as the case may be, for any loss suffered by them as a result of the purchase or sale unless the insider establishes that (a) the insider reasonably believed that the information had been generally disclosed; (b) the information was known or ought reasonably to have been known by the seller or purchaser; or (c) the purchase or sale of the security took place in the prescribed circumstances. Insider trading — compensation to company (7) The insider is accountable to the company for any benefit or advantage received or receivable by the insider as a result of a purchase or sale described in subsection (6) unless they establish the circumstances described in paragraph (6)(a). 1991, c. 45, s. 276; 2005, c. 54, s. 422. Tipping — compensation to sellers and purchasers 276.1 (1) An insider of a company who discloses confidential information with respect to the company that has not been generally disclosed and that if it were generally known might reasonably be expected to materially affect the value of any of the securities of the company is liable Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Civil Remedies Sections 276.1-277 to compensate any person who subsequently sells securities of the company to or purchases them from any person who received the information unless the insider establishes that (a) the insider reasonably believed that the information had been generally disclosed; (b) the information was known or ought reasonably to have been known by the person who alleges that they suffered the loss; (c) if the insider is not a person described in subsection 276(3) or (4), the disclosure of the information was necessary in the course of their business; or (d) if the insider is a person described in subsection 276(3) or (4), the disclosure of the information was necessary to effect the take-over bid or business combination. Tipping — compensation to company (2) The insider is accountable to the company for any benefit or advantage received or receivable by them as a result of a disclosure of information as described in subsection (1) unless they establish the circumstances described in paragraph (1)(a), (c) or (d). 2005, c. 54, s. 422. Measure of damages 277 (1) The court may assess damages under subsection 276(6) or 276.1(1) in accordance with any measure of damages that it considers relevant in the circumstances. However, in assessing damages in respect of a security of a distributing company, the court shall consider the following: (a) if the plaintiff is a purchaser, the price that they paid for the security less the average market price of the security over the 20 trading days immediately following general disclosure of the information; and (b) if the plaintiff is a seller, the average market price of the security over the 20 trading days immediately following general disclosure of the information, less the price that they received for the security. Liability — more than one insider (2) If more than one insider is liable under subsection 276(6) or 276.1(1) with respect to the same transaction or series of transactions, their liability is joint and several, or solidary. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Civil Remedies Sections 277-279 Limitation (3) An action to enforce a right created by subsection 276(6) or (7) or section 276.1 may be commenced only within two years after discovery of the facts that gave rise to the cause of action. 1991, c. 45, s. 277; 2005, c. 54, s. 422. Prospectus Distribution 278 (1) No person including a company shall distribute securities of a company except in accordance with the regulations made under subsection (2). Regulations (2) The Governor in Council may make regulations respecting the distribution of securities of a company, including (a) respecting the information that is to be disclosed by a company before the distribution of any of its securities, including the information that is to be included in a prospectus; (b) respecting the manner of disclosure and the form of the information that is to be disclosed; and (c) exempting any class of distribution of securities from the application of subsection (1). 1991, c. 45, s. 278; 2005, c. 54, s. 422. Order of exemption 279 (1) On application by a company or any person proposing to make a distribution, the Superintendent may, by order, exempt that distribution from the application of any regulations made under subsection 278(2) if the Superintendent is satisfied that the company has disclosed or is about to disclose, in compliance with the laws of the relevant jurisdiction, information relating to the distribution that in form and content substantially complies with the requirements of those regulations. Conditions (2) An order under subsection (1) may contain any conditions or limitations that the Superintendent deems appropriate. 1991, c. 45, s. 279; 2005, c. 54, s. 422. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Going-private Transactions and Squeeze-out Transactions Sections 280-282 Going-private Transactions and Squeeze-out Transactions Going-private transactions 280 A company may carry out a going-private transaction if it complies with any applicable provincial securities laws. 1991, c. 45, s. 280; 1994, c. 26, s. 75(F); 1999, c. 31, s. 215; 2005, c. 54, s. 422. Squeeze-out transactions 281 No company may carry out a squeeze-out transaction unless, in addition to any approval by holders of shares required by or under this Act or the company’s bylaws, the transaction is approved by ordinary resolution of the holders of each class of shares affected by the transaction, voting separately, whether or not the shares otherwise carry the right to vote. However, the following do not have the right to vote on the resolution: (a) affiliates of the company; and (b) holders of shares that following the squeeze-out transaction would be entitled to consideration of greater value or to superior rights or privileges than those available to other holders of shares of the same class. 1991, c. 45, s. 281; 1999, c. 31, s. 216; 2005, c. 54, s. 422. Right to dissent 282 (1) A holder of shares of a company may dissent if the company resolves to carry out a going-private transaction or squeeze-out transaction that affects those shares. Payment for shares (2) In addition to any other right that the shareholder may have, but subject to subsection (25), a shareholder who complies with this section is, when the action approved by the resolution from which the shareholder dissents becomes effective, entitled to be paid by the company the fair value of the shares in respect of which the shareholder dissents, determined as of the close of business on the day before the resolution was adopted by the shareholders. No partial dissent (3) A dissenting shareholder may claim under this section only with respect to all of the shares of a class held on behalf of any one beneficial owner and registered in the name of the dissenting shareholder. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Going-private Transactions and Squeeze-out Transactions Section 282 Objection (4) A dissenting shareholder shall send to the company, at or before any meeting of shareholders at which a resolution referred to in subsection (2) is to be voted on by the shareholders, a written objection to the resolution unless the company did not give notice to the shareholder of the purpose of the meeting and their right to dissent. Notice that resolution was adopted (5) The company shall within 10 days after the day on which the shareholders adopt the resolution send to each shareholder who sent an objection under subsection (4) notice that the resolution was adopted. If it is necessary for the Minister or Superintendent to approve the transaction within the meaning of subsection 527.2(1) before it becomes effective, the company shall send notice within 10 days after the approval. Notice is not required to be sent to a shareholder who voted for the resolution or one who has withdrawn their objection. Demand for payment (6) A dissenting shareholder shall within 20 days after receiving the notice referred to in subsection (5) — or, if they do not receive it, within 20 days after learning that the resolution was adopted by the shareholders — send to the company a written notice containing (a) their name and address; (b) the number and class of shares in respect of which they dissent; and (c) a demand for payment of the fair value of those shares. Share certificates (7) A dissenting shareholder shall within 30 days after sending a notice under subsection (6) send the certificates representing the shares in respect of which they dissent to the company or its transfer agent. Forfeiture (8) A dissenting shareholder who fails to comply with subsection (7) has no right to make a claim under this section. Endorsing certificate (9) A company or its transfer agent shall endorse on any share certificate received in accordance with subsection (7) a notice that the holder is a dissenting shareholder under this section and shall without delay return the share certificates to the dissenting shareholder. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Going-private Transactions and Squeeze-out Transactions Section 282 Suspension of rights (10) On sending a notice under subsection (6), a dissenting shareholder ceases to have any rights as a shareholder other than to be paid the fair value of their shares as determined under this section. However, the shareholder’s rights are reinstated as of the date the notice was sent if (a) the shareholder withdraws the notice before the company makes an offer under subsection (11); (b) the company fails to make an offer in accordance with subsection (11) and the shareholder withdraws the notice; or (c) the directors revoke under section 225 the special resolution that was made in respect of the going-private transaction or squeeze-out transaction. Offer to pay (11) A company shall, no later than seven days after the later of the day on which the action approved by the resolution from which the shareholder dissents becomes effective and the day on which the company received the notice referred to in subsection (6), send to each dissenting shareholder who sent a notice (a) a written offer to pay for their shares in an amount considered by the directors of the company to be the fair value, accompanied by a statement showing how the fair value was determined; or (b) if subsection (25) applies, a notice that it is unable to lawfully pay dissenting shareholders for their shares. Same terms (12) Every offer made under subsection (11) for shares of the same class or series is to be on the same terms. Payment (13) Subject to subsection (25), a company shall pay for the shares of a dissenting shareholder within 10 days after the day on which an offer made under subsection (11) is accepted, but the offer lapses if the company does not receive an acceptance within 30 days after the day on which the offer is made. Court may fix fair value (14) If a company fails to make an offer under subsection (11) or if a dissenting shareholder fails to accept an offer, the company may, within 50 days after the day on which the action approved by the resolution from which the shareholder dissents becomes effective or within any Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Going-private Transactions and Squeeze-out Transactions Section 282 further period that a court may allow, apply to the court to fix a fair value for the shares of any dissenting shareholder. Shareholder application (15) If a company fails to apply to a court under subsection (14), a dissenting shareholder may apply to a court for the same purpose within a further period of 20 days or within any further period that the court may allow. Venue (16) An application under subsection (14) or (15) is to be made to a court having jurisdiction where the company’s head office is situated or, if the company carries on business in the province in which the dissenting shareholder resides, in that province. No security for costs (17) A dissenting shareholder is not required to give security for costs in an application made under subsection (14) or (15). Parties (18) On an application to a court under subsection (14) or (15), (a) all dissenting shareholders whose shares have not been purchased by the company are to be joined as parties and are bound by the decision of the court; (b) the company shall notify each of them of the date, place and consequences of the application and their right to appear and be heard in person or by counsel; and (c) the company shall notify the Superintendent of the date and place of the application and the Superintendent may appear and be heard in person or by counsel. Powers of court (19) On an application to a court under subsection (14) or (15), the court may determine whether any other person is a dissenting shareholder and is to be joined as a party and the court shall then fix a fair value for the shares of all dissenting shareholders. Appraisers (20) The court may appoint one or more appraisers to assist the court to fix a fair value for the shares of the dissenting shareholders. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Going-private Transactions and Squeeze-out Transactions Sections 282-287 Final order (21) The final order of the court is to be rendered against the company in favour of each dissenting shareholder for the value of the shares as fixed by the court. Interest (22) The court may allow a reasonable rate of interest on the amount payable to each dissenting shareholder from the date the action approved by the resolution from which the shareholder dissents becomes effective until the date of payment. Notice that s. (25) applies (23) If subsection (25) applies, the company shall within 10 days after an order is made under subsection (21) notify each dissenting shareholder that it is unable to lawfully pay dissenting shareholders for their shares. Effect of s. (25) (24) If subsection (25) applies, a dissenting shareholder may by written notice delivered to the company within 30 days after receiving notice under subsection (23) (a) withdraw their notice of dissent, in which case the company is deemed to consent to the withdrawal and the shareholder is reinstated to their full rights as a shareholder; or (b) retain their status as a claimant against the company, to be paid as soon as the company is able to lawfully pay them or, in a liquidation, to be ranked subordinate to the rights of the company’s creditors but in priority to its shareholders. Limitation (25) A company may not make a payment to a dissenting shareholder under this section if there are reasonable grounds for believing that the company is or the payment would cause the company to be in contravention of a regulation referred to in subsection 473(1) or (2) or of an order made under subsection 473(3). 1991, c. 45, s. 282; 2005, c. 54, s. 422. 283 [Repealed, 2005, c. 54, s. 422] 284 [Repealed, 2005, c. 54, s. 422] 285 [Repealed, 2005, c. 54, s. 422] 286 [Repealed, 2005, c. 54, s. 422] 287 [Repealed, 2005, c. 54, s. 422] Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Section 288 Compulsory Acquisitions Definitions 288 (1) In this section and sections 289 to 298, affiliate means a body corporate that is affiliated with another body corporate within the meaning of subsection 6(2); (groupe) associate of the offeror means (a) a body corporate that an offeror, directly or indirectly, controls, determined without regard to paragraph 3(1)(d), or of which an offeror beneficially owns shares or securities currently convertible into shares carrying more than 10 per cent of the voting rights under all circumstances or by reason of the occurrence of an event that has occurred and is continuing, or a currently exercisable option or right to purchase the shares or the convertible securities, (b) a partner of the offeror acting on behalf of the partnership of which they are partners, (c) a trust or estate in which the offeror has a substantial beneficial interest or in respect of which they serve as a trustee or a liquidator of the succession or in a similar capacity, (d) a spouse or common-law partner of the offeror, (e) a child of the offeror or of the offeror’s spouse or common-law partner, or (f) a relative of the offeror or of the offeror’s spouse or common-law partner, if that relative has the same residence as the offeror; (associé du pollicitant) dissenting offeree means a holder of a share who does not accept a take-over bid or a subsequent holder of the share who acquires it from the first-mentioned holder; (pollicité opposant) exempt offer [Repealed, 2005, c. 54, s. 423] offeree means a person to whom a take-over bid is made; (pollicité) offeree company means a company the shares of which are the object of a take-over bid; (société pollicitée) offeror means a person, other than an agent, who makes a take-over bid, and includes two or more persons who, directly or indirectly, (a) make take-over bids jointly or in concert, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 288-290 (b) intend to exercise jointly or in concert voting rights attached to shares for which a take-over bid is made; (pollicitant) share means a share with or without voting rights and includes (a) a security that is currently convertible into a share, and (b) a currently exercisable option or right to acquire a share or a security referred to in paragraph (a); (action) take-over bid means an offer made by an offeror at approximately the same time to all of the shareholders of a distributing company to acquire all of the shares of a class of issued shares, and includes an offer by a distributing company to repurchase all of the shares of a class. (offre d’achat visant à la mainmise) Control (2) For the purposes of this section and sections 289 to 298, a person controls a body corporate when the person controls the body corporate within the meaning of section 3, determined without regard to paragraph 3(1)(d). Date of bid (3) A take-over bid is deemed to be dated as of the date on which it is sent. 1991, c. 45, s. 288; 2000, c. 12, s. 299; 2005, c. 54, s. 423. Right to acquire shares 289 If, within one hundred and twenty days after the date of a take-over bid, the bid is accepted by the holders of not less than 90 per cent of the shares of any class of shares to which the take-over bid relates, other than shares held at the date of the take-over bid by or on behalf of the offeror or an affiliate or associate of the offeror, the offeror is entitled, on complying with sections 290 to 295, subsections 296(1) and (2) and section 297, to acquire the shares held by the dissenting offerees. 1991, c. 45, s. 289; 2005, c. 54, s. 424(F). Offeror’s notice to dissenters 290 (1) An offeror may acquire shares held by a dissenting offeree by sending by registered mail within sixty days after the date of termination of the take-over bid Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 290-291 and in any event within one hundred and eighty days after the date of the take-over bid, an offeror’s notice to each dissenting offeree and to the Superintendent stating that (a) offerees holding not less than 90 per cent of the shares of any class of shares to which the take-over bid relates, other than shares held at the date of the takeover bid by or on behalf of the offeror or an affiliate or associate of the offeror, have accepted the take-over bid; (b) the offeror is bound to take up and pay for or has taken up and paid for the shares of the offerees who accepted the take-over bid; (c) a dissenting offeree is required to elect (i) to transfer the dissenting offeree’s shares to the offeror on the same terms on which the offeror acquired the shares from the offerees who accepted the take-over bid, or (ii) to demand payment of the fair value of the dissenting offeree’s shares in accordance with sections 294 to 297 by notifying the offeror within twenty days after receipt of the offeror’s notice; (d) a dissenting offeree who does not notify the offeror in accordance with paragraph 291(b) is deemed to have elected to transfer the shares to the offeror on the same terms on which the offeror acquired the shares from the offerees who accepted the take-over bid; and (e) a dissenting offeree must send the dissenting offeree’s shares to which the take-over bid relates to the offeree company within twenty days after the dissenting offeree receives the offeror’s notice. Notice of adverse claim (2) Concurrently with sending the offeror’s notice under subsection (1), the offeror shall send to the offeree company a notice of adverse claim in accordance with subsection 132(1) with respect to each share held by a dissenting offeree. 1991, c. 45, s. 290; 2005, c. 54, s. 425. Share certificates and election 291 A dissenting offeree to whom a notice is sent under subsection 290(1) shall within 20 days after receiving the notice (a) send to the offeree company the share certificates representing the shares to which the take-over bid relates; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 291-292.1 (b) elect to transfer the shares to the offeror on the same terms as those on which the offeror acquired shares from the offerees who accepted the take-over bid or to demand payment of the fair value of the shares in accordance with sections 294 to 297 by notifying the offeror. 1991, c. 45, s. 291; 2005, c. 54, s. 426. Deemed election 291.1 A dissenting offeree who does not notify the offeror in accordance with paragraph 291(b) is deemed to have elected to transfer the shares to the offeror on the same terms as those on which the offeror acquired shares from the offerees who accepted the take-over bid. 2005, c. 54, s. 426. Payment to offeree company 292 (1) Within 20 days after the offeror sends a notice under subsection 290(1), the offeror shall pay the money, or transfer the other consideration, to the offeree company that the offeror would have had to pay or transfer to a dissenting offeree if the dissenting offeree had elected to transfer their shares in accordance with paragraph 291(b). Consideration in trust (2) An offeree company is deemed to hold in a fiduciary capacity for the dissenting offerees the money or other consideration it receives under subsection (1). Deposit or custody (3) An offeree company shall deposit the money received under subsection (1) in a separate account in another deposit-taking financial institution in Canada and the offeree company shall place any other consideration in the custody of another deposit-taking financial institution in Canada. 1991, c. 45, s. 292; 2005, c. 54, s. 427. Fiduciary capacity of company 292.1 A company that is making a take-over bid to repurchase all of the shares of a class is deemed to hold in a fiduciary capacity for the dissenting shareholders the money that it would have had to pay, and the other consideration that it would have had to transfer, to a dissenting offeree if the dissenting offeree had elected to transfer their shares in accordance with paragraph 291(b). The company shall within 20 days after a notice is sent under subsection 290(1) deposit the money in a separate account in another deposit-taking financial institution in Canada and place any other consideration in the custody of another deposit-taking financial institution in Canada. 2005, c. 54, s. 428. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 293-294 Duty of offeree company 293 Within thirty days after an offeror sends an offeror’s notice under subsection 290(1), the offeree company shall (a) if the payment or transfer required by subsection 292(1) is made, issue to the offeror a share certificate in respect of the shares that were held by the dissenting offerees; (b) give to each dissenting offeree who elects to transfer shares under paragraph 291(b) and who sends the share certificates as required under paragraph 291(a) the money or other consideration to which they are entitled, disregarding fractional shares, which may be paid for in money; and (c) if the payment or transfer required by subsection 292(1) is made and the money or other consideration is deposited as required by subsections 292(2) and (3) or section 292.1, send to each dissenting offeree who has not sent share certificates as required under paragraph 291(a) a notice stating that (i) their shares have been cancelled, (ii) the offeree company or its designated person holds in a fiduciary capacity for that offeree the money or other consideration to which they are entitled as payment for or in exchange for the shares, and (iii) the offeree company will, subject to sections 294 to 297, send that money or other consideration to that offeree without delay after receiving the share certificates. 1991, c. 45, s. 293; 2005, c. 54, s. 429. Court may fix fair value 294 (1) If a dissenting offeree has elected to demand payment of the fair value of their shares under paragraph 291(b), the offeror may, within 20 days after it has paid the money or transferred the other consideration under subsection 292(1), apply to a court to fix the fair value of the shares of that dissenting offeree. Idem (2) If an offeror fails to apply to a court under subsection (1), a dissenting offeree may apply to a court for the same purpose within a further period of twenty days. Venue (3) An application under subsection (1) or (2) shall be made to a court having jurisdiction in the place at which the head office of the company is situated or in the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 294-296 province in which the dissenting offeree resides if the company carries on business in that province. No security for costs (4) A dissenting offeree is not required to give security for costs in an application made under subsection (1) or (2). 1991, c. 45, s. 294; 2005, c. 54, s. 430. Parties and notice 295 On an application under subsection 294(1) or (2), (a) all dissenting offerees who have made elections to demand payment under paragraph 291(b) and whose shares have not been acquired by the offeror shall be joined as parties and are bound by the decision of the court; and (b) the offeror shall notify each affected dissenting offeree of the date, place and consequences of the application and of the dissenting offeree’s right to appear and be heard in person or by counsel at the hearing of the application. 1991, c. 45, s. 295; 2005, c. 54, s. 431. Powers of court 296 (1) On an application to a court under subsection 294(1) or (2), the court may determine whether any other person is a dissenting offeree who should be joined as a party, and the court shall then fix a fair value for the shares of all dissenting offerees. Appraisers (2) A court may in its discretion appoint one or more appraisers to assist the court in fixing a fair value for the shares of a dissenting offeree. Final order (3) The final order of a court shall be made against the offeror in favour of each dissenting offeree and for the amount for each dissenting offeree’s shares as fixed by the court. Additional powers of court (4) In connection with proceedings under subsection 294(1) or (2), a court may make any order it thinks fit and, without limiting the generality of the foregoing, may (a) fix the amount of money or other consideration that is deemed to be held in a fiduciary capacity under subsection 292(2) or section 292.1; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Compulsory Acquisitions Sections 296-298.1 (b) order that the money or other consideration is to be held in trust by a person other than the offeree company; (c) allow a reasonable rate of interest on the amount payable to each dissenting offeree from the date the dissenting offeree sends the share certificates required under section 291 until the date of payment; or (d) order that any money payable to a shareholder who cannot be found is to be paid to the Minister. 1991, c. 45, s. 296; 2005, c. 54, s. 432. Status of dissenter 297 Where no application is made to a court under subsection 294(2) within the period set out in that subsection, a dissenting offeree is deemed to have elected to transfer the dissenting offeree’s shares to the offeror on the same terms on which the offeror acquired the shares from the offerees who accepted the take-over bid. Payment of unclaimed money 298 The Minister shall pay to the Bank of Canada any amounts paid to the Minister under subsection 296(4), and section 372 applies in respect thereof as if the amounts paid under subsection 296(4) had been paid under subsection 371(3). Obligation to acquire shares 298.1 (1) If a shareholder who holds shares of an offeree company does not receive the notice referred to in subsection 290(1), the shareholder may require the offeror to acquire the shares (a) within 90 days after the date of termination of the take-over bid; or (b) if the shareholder did not receive an offer under the take-over bid, within 90 days after the later of (i) the date of termination of the take-over bid, and (ii) the day on which the shareholder learned of the take-over bid. Acquisition on same terms (2) If the shareholder requires the offeror to acquire shares, the offeror shall acquire them on the same terms as those on which the offeror acquires shares from offerees who accept the take-over bid. 2005, c. 54, s. 433. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Trust Indentures Sections 299-302 Trust Indentures Definitions 299 In this section and sections 300 to 311, event of default means, in relation to a trust indenture, an event specified in the trust indenture on the occurrence of which the principal, interest and other moneys payable thereunder become or may be declared to be payable before maturity, but the event is not an event of default until all the conditions set out in the trust indenture in connection with the giving of notice of the event have been satisfied or the period of time for giving the notice has elapsed; (cas de défaut) issuer means a company that has issued, is about to issue or is in the process of issuing subordinated indebtedness; (émetteur) trustee means any person appointed as trustee under the terms of a trust indenture to which a company is a party, and includes any successor trustee; (fiduciaire) trust indenture means any deed, indenture or other instrument, including any supplement or amendment thereto, made by a company under which the company issues subordinated indebtedness and in which a person is appointed as trustee for the holders of the subordinated indebtedness issued thereunder. (acte de fiducie) Application 300 Sections 301 to 311 apply in respect of a trust indenture if the subordinated indebtedness issued or to be issued under the trust indenture is part of a distribution to the public. Exemption 301 The Superintendent may, in writing, exempt a trust indenture from the application of sections 302 to 311 if, in the Superintendent’s opinion, the trust indenture and the subordinated indebtedness are subject to a law of a province or other jurisdiction, other than Canada, that is substantially equivalent to the provisions of this Act relating to trust indentures. Conflict of interest 302 (1) No person shall be appointed as trustee if at the time of the appointment there is a material conflict of interest between the person’s role as trustee and any other role of the person. Eliminating conflict of interest (2) A trustee shall, within ninety days after the trustee becomes aware that a material conflict of interest exists, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Trust Indentures Sections 302-306 (a) eliminate the conflict of interest; or (b) resign from office. Validity despite conflict 303 A trust indenture and any subordinated indebtedness issued thereunder are valid notwithstanding a material conflict of interest of the trustee. Removal of trustee 304 If a trustee is appointed in contravention of subsection 302(1) or if a trustee contravenes subsection 302(2), any interested person may apply to a court for an order that the trustee be replaced, and the court may make an order on such terms as it thinks fit. Trustee qualifications 305 A trustee, or at least one of the trustees if more than one is appointed, must be (a) a company that is a trust company pursuant to subsection 57(2); or (b) a body corporate that is incorporated by or under an Act of the legislature of a province and authorized to carry on business as a trustee. List of security holders 306 (1) A holder of subordinated indebtedness issued under a trust indenture may, on payment to the trustee of a reasonable fee and on delivery of a statutory declaration to the trustee, require the trustee to provide, within fifteen days after the delivery to the trustee of the statutory declaration, a list setting out (a) the names and addresses of the registered holders of the outstanding subordinated indebtedness, (b) the principal amount of outstanding subordinated indebtedness owned by each such holder, and (c) the aggregate principal amount of subordinated indebtedness outstanding as shown on the records maintained by the trustee on the day the statutory declaration is delivered to that trustee. Duty of issuer (2) On the demand of a trustee, the issuer of subordinated indebtedness shall provide the trustee with the information required to enable the trustee to comply with subsection (1). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Trust Indentures Sections 306-307 Where applicant is entity (3) Where the person requiring the trustee to provide a list under subsection (1) is an entity, the statutory declaration required under that subsection shall be made by a director or an officer of the entity or a person acting in a similar capacity. Contents of statutory declaration (4) The statutory declaration required under subsection (1) must state (a) the name and address of the person requiring the trustee to provide the list and, if the person is an entity, the address for service thereof; and (b) that the list will not be used except as permitted by subsection (5). Use of list (5) No person shall use a list obtained under this section except in connection with (a) an effort to influence the voting of the holders of subordinated indebtedness; (b) an offer to acquire subordinated indebtedness; or (c) any other matter relating to the subordinated indebtedness or the affairs of the issuer or guarantor thereof. Compliance with trust indentures 307 (1) An issuer or a guarantor of subordinated indebtedness issued or to be issued under a trust indenture shall, before undertaking (a) the issue, certification and delivery of subordinated indebtedness under the trust indenture, or (b) the satisfaction and discharge of the trust indenture, provide the trustee with evidence of compliance with the conditions in the trust indenture in respect thereof. Compliance by issuer or guarantor (2) On the demand of a trustee, the issuer or guarantor of subordinated indebtedness issued or to be issued under a trust indenture shall provide the trustee with evidence of compliance with the conditions in the trust indenture by the issuer or guarantor in respect of any act to be done by the trustee at the request of the issuer or guarantor. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Trust Indentures Sections 307-308 Evidence of compliance (3) The following documents constitute evidence of compliance for the purposes of subsections (1) and (2): (a) a statutory declaration or certificate made by a director or an officer of the issuer or guarantor stating that the conditions referred to in subsections (1) and (2) have been complied with; (b) an opinion of legal counsel that the conditions of the trust indenture requiring review by legal counsel have been complied with, if the trust indenture requires compliance with conditions that are subject to review by legal counsel; and (c) an opinion or report of the auditors of the issuer or guarantor, or such other accountant as the trustee selects, that the conditions of the trust indenture have been complied with, if the trust indenture requires compliance with conditions that are subject to review by auditors. Further evidence of compliance (4) The evidence of compliance referred to in subsection (3) shall include a statement by the person giving the evidence (a) declaring that the person has read and understands the conditions of the trust indenture referred to in subsections (1) and (2); (b) describing the nature and scope of the examination or investigation on which the person based the certificate, statement or opinion; and (c) declaring that the person has made such examination or investigation as the person believes necessary to enable the statements to be made or the opinions contained or expressed therein to be given. Trustee may require evidence 308 (1) On the request of a trustee, the issuer or guarantor of subordinated indebtedness issued under a trust indenture shall provide the trustee with evidence in such form as the trustee requires of compliance with any condition thereof relating to any action required or permitted to be taken by the issuer or guarantor under the trust indenture. Certificate of compliance (2) At least once in each twelve month period beginning on the date of the trust indenture and at any other time on the demand of a trustee, the issuer or guarantor of subordinated indebtedness issued under a trust indenture shall provide the trustee with a certificate stating Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Corporate Records Trust Indentures Sections 308-312 that the issuer or guarantor has complied with all requirements contained in the trust indenture that, if not complied with, would, with the giving of notice, lapse of time or otherwise, constitute an event of default, or, if there has been failure to so comply, giving particulars thereof. Notice of default 309 A trustee shall, within thirty days after the trustee becomes aware of the occurrence thereof, give to the holders of subordinated indebtedness issued under a trust indenture notice of every event of default arising under the trust indenture and continuing at the time the notice is given, unless the trustee believes on reasonable grounds that it is in the best interests of the holders of the subordinated indebtedness to withhold the notice and so informs the issuer and guarantor in writing. Duty of care 310 (1) In exercising a trustee’s powers and discharging a trustee’s duties, the trustee shall (a) act honestly and in good faith with a view to the best interests of the holders of the subordinated indebtedness issued under the trust indenture; and (b) exercise the care, diligence and skill of a reasonably prudent trustee. Reliance on statements (2) Notwithstanding subsection (1), a trustee is not liable if the trustee relies in good faith on statements contained in a statutory declaration, certificate, opinion or report that complies with this Act or the trust indenture. No exculpation 311 No term of a trust indenture or of any agreement between a trustee and the holders of subordinated indebtedness issued thereunder or between the trustee and the issuer or guarantor operates to relieve a trustee from the duties imposed on the trustee by sections 302, 306 and 309 and subsection 310(1). Financial Statements and Auditors Annual Financial Statement Financial year 312 (1) The financial year of a company ends, at the election of the company in its by-laws, on the expiration of the thirty-first day of October or the thirty-first day of December in each year. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Annual Financial Statement Sections 312-313 First financial year (2) Where a company has, after the first day of July in any year, obtained an order approving the commencement and carrying on of business, the first financial year of the company ends, at the election of the company in its by-laws, on the expiration of the thirty-first day of October or the thirty-first day of December in the next calendar year. Annual financial statement 313 (1) The directors of a company shall place before the shareholders at every annual meeting (a) a comparative annual financial statement (in this Act referred to as an “annual statement”) relating separately to (i) the financial year immediately preceding the meeting, and (ii) the financial year, if any, immediately preceding the financial year referred to in subparagraph (i); (b) the report of the auditor of the company; and (c) any further information respecting the financial position of the company and the results of its operations required by the by-laws of the company to be placed before the shareholders at the annual meeting. Annual statement — contents (2) With respect to each of the financial years to which it relates, the annual statement of a company must contain the prescribed statements and any information that is in the opinion of the directors necessary to present fairly, in accordance with the accounting principles referred to in subsection (4), the financial position of the company as at the end of the financial year to which it relates and the results of the operations and changes in the financial position of the company for that financial year. Additional information (3) A company shall include with its annual statement (a) a list of the subsidiaries of the company, other than subsidiaries that are not required to be listed by the regulations and subsidiaries acquired pursuant to section 457 or pursuant to a realization of security in accordance with section 458 and which the company would not otherwise be permitted to hold, showing, with respect to each subsidiary, (i) its name and the address of its head or principal office, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Annual Financial Statement Sections 313-314 (ii) the book value of the aggregate of any shares of the subsidiary beneficially owned by the company and by other subsidiaries of the company, and (iii) the percentage of the voting rights attached to all the outstanding voting shares of the subsidiary that is carried by the aggregate of any voting shares of the subsidiary beneficially owned by the company and by other subsidiaries of the company; and (b) such other information as the Governor in Council may, by order, require in such form as may be prescribed. Accounting principles (4) The financial statements referred to in subsection (1), paragraph (3)(b) and subsection 315(1) shall, except as otherwise specified by the Superintendent, be prepared in accordance with generally accepted accounting principles, the primary source of which is the Handbook of the Chartered Professional Accountants of Canada. A reference in any provision of this Act to the accounting principles referred to in this subsection shall be construed as a reference to those generally accepted accounting principles with any specifications so made. Regulations (5) The Governor in Council may make regulations respecting subsidiaries that are not required to be listed for the purposes of paragraph (3)(a). 1991, c. 45, s. 313; 1997, c. 15, s. 369; 2001, c. 9, s. 514; 2005, c. 54, s. 434; 2017, c. 26, s. 62. Annual statement — approval 314 (1) The directors of a company shall approve the annual statement and their approval shall be evidenced by the signature or a printed or otherwise mechanically reproduced facsimile of the signature of (a) the chief executive officer or, in the event of that officer’s absence or inability to act, any other officer of the company authorized by the directors to sign in the stead of the chief executive officer; and (b) one director, if the signature required by paragraph (a) is that of a director, or two directors if the signature required by that paragraph is that of an officer who is not a director. Condition precedent to publication (2) A company shall not publish copies of an annual statement unless it is approved and signed in accordance with subsection (1). 1991, c. 45, s. 314; 2005, c. 54, s. 435. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Annual Financial Statement Sections 315-316 Statements: subsidiaries 315 (1) A company shall keep at its head office a copy of the current financial statements of each subsidiary of the company. Examination (2) Subject to this section, the shareholders of a company and their personal representatives may, on request therefor, examine the statements referred to in subsection (1) during the usual business hours of the company and may take extracts therefrom free of charge. Barring examination (3) A company may refuse to permit an examination under subsection (2) by any person. Application for order (4) Within fifteen days after a refusal under subsection (3), the company shall apply to a court for an order barring the right of the person concerned to make an examination under subsection (2) and the court shall either order the company to permit the examination or, if it is satisfied that the examination would be detrimental to the company or to any other body corporate the financial statements of which would be subject to examination, bar the right and make any further order it thinks fit. Notice to Superintendent (5) A company shall give the Superintendent and the person seeking to examine the statements referred to in subsection (1) notice of an application to a court under subsection (4), and the Superintendent and the person may appear and be heard in person or by counsel at the hearing of the application. Annual statement — distribution 316 (1) A company shall, no later than 21 days before the date of each annual meeting or before the signing of a resolution under paragraph 155(1)(b) in lieu of the annual meeting, send to each shareholder a copy of the documents referred to in subsections 313(1) and (3) unless that time period is waived by the shareholder. Exception (2) A company is not required to comply with subsection (1) with respect to a shareholder who has informed the company, in writing, that the shareholder does not wish to receive the annual statement. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Annual Financial Statement Sections 316-319 Effect of default (3) Where a company is required to comply with subsection (1) and the company does not comply with that subsection, the annual meeting at which the documents referred to in that subsection are to be considered shall be adjourned until that subsection has been complied with. 1991, c. 45, s. 316; 1997, c. 15, s. 370; 2005, c. 54, s. 436. Copy to Superintendent 317 (1) Subject to subsection (2), a company shall send to the Superintendent a copy of the documents referred to in subsections 313(1) and (3) not later than twenty-one days before the date of each annual meeting of shareholders of the company. Later filing (2) If a company’s shareholders sign a resolution under paragraph 155(1)(b) in lieu of an annual meeting, the company shall send a copy of the documents referred to in subsections 313(1) and (3) to the Superintendent not later than thirty days after the signing of the resolution. 1991, c. 45, s. 317; 1997, c. 15, s. 371; 2001, c. 9, s. 515. Auditor Definitions 318 For the purposes of this section and sections 319 to 338, firm of accountants means a partnership, the members of which are accountants engaged in the practice of accounting, or a body corporate that is incorporated by or under an Act of the legislature of a province and engaged in the practice of accounting; (cabinet de comptables) member, in relation to a firm of accountants, means (a) an accountant who is a partner in a partnership, the members of which are accountants engaged in the practice of accounting, or (b) an accountant who is an employee of a firm of accountants. (membre) Appointment of auditor 319 (1) The shareholders of a company shall, by ordinary resolution at the first meeting of shareholders and at each succeeding annual meeting, appoint an auditor to hold office until the close of the next annual meeting. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 319-320 Remuneration of auditor (2) The remuneration of an auditor may be fixed by ordinary resolution of the shareholders but, if not so fixed, shall be fixed by the directors. Qualification of auditor 320 (1) A natural person or firm of accountants is qualified to be an auditor of a company if (a) in the case of a natural person, the person is an accountant who (i) is a member in good standing of an institute or association of accountants incorporated by or under an Act of the legislature of a province, (ii) has at least five years experience at a senior level in performing audits of a financial institution, (iii) is ordinarily resident in Canada, and (iv) is independent of the company; and (b) in the case of a firm of accountants, the member of the firm jointly designated by the firm and the company to conduct the audit of the company on behalf of the firm is qualified in accordance with paragraph (a). Independence (2) For the purposes of subsection (1), (a) independence is a question of fact; and (b) a person is deemed not to be independent of a company if that person, a business partner of that person or a firm of accountants of which that person is a member (i) is a business partner, director, officer or employee of the company or of any affiliate of the company or is a business partner of any director, officer or employee of the company or of any affiliate of the company, (ii) beneficially owns or controls, directly or indirectly, a material interest in the shares of the company or of any affiliate of the company, or (iii) has been a liquidator, trustee in bankruptcy, receiver or receiver and manager of any affiliate of the company within the two years immediately preceding the person’s proposed appointment as auditor of the company, other than an affiliate that is a subsidiary of the company acquired pursuant to section 457 or through a realization of security pursuant to section 458. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 320-321 Business partners (2.1) For the purposes of subsection (2), (a) in the case of the appointment of a natural person as the auditor of a company, a business partner of the person includes a shareholder of the business partner; and (b) in the case of the appointment of a firm of accountants as the auditor of a company, a business partner of a member of the firm includes another member of the firm and a shareholder of the firm or of a business partner of the member. Notice of designation (3) Within fifteen days after the appointment of a firm of accountants as auditor of a company, the company and the firm of accountants shall jointly designate a member of the firm who meets the qualifications described in subsection (1) to conduct the audit of the company on behalf of the firm and the company shall forthwith notify the Superintendent in writing of the designation. New designation (4) Where for any reason a member of a firm of accountants designated pursuant to subsection (3) ceases to conduct the audit of the company, the company and the firm of accountants may jointly designate another member of the same firm of accountants who meets the qualifications described in subsection (1) to conduct the audit of the company and the company shall forthwith notify the Superintendent in writing of the designation. Deemed vacancy (5) In any case where subsection (4) applies and a designation is not made pursuant to that subsection within thirty days after the designated member ceases to conduct the audit of the company, there shall be deemed to be a vacancy in the office of auditor of the company. 1991, c. 45, s. 320; 2001, c. 9, s. 516; 2005, c. 54, s. 437. Duty to resign 321 (1) An auditor who ceases to be qualified under section 320 shall resign forthwith after the auditor, where the auditor is a natural person, or any member of the firm of accountants, where the auditor is a firm of accountants, becomes aware that the auditor or the firm has ceased to be so qualified. Disqualification order (2) Any interested person may apply to a court for an order declaring that an auditor of a company has ceased to be qualified under section 320 and declaring the office of auditor to be vacant. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 322-324 Revocation of appointment 322 (1) The shareholders of a company may, by ordinary resolution at a special meeting, revoke the appointment of an auditor. Idem (2) The Superintendent may at any time revoke the appointment of an auditor made under subsection (3) or 319(1) or section 324 by notice in writing signed by the Superintendent and sent by registered mail to the auditor and to the company addressed to the usual place of business of the auditor and the company. Filling vacancy (3) A vacancy created by the revocation of the appointment of an auditor under subsection (1) may be filled at the meeting at which the appointment was revoked and, if not so filled, shall be filled by the directors under section 324. Ceasing to hold office 323 (1) An auditor of a company ceases to hold office when (a) the auditor resigns; (b) the auditor, where the auditor is a natural person, dies; or (c) the appointment of the auditor is revoked by the shareholders or the Superintendent. Effective date of resignation (2) The resignation of an auditor becomes effective at the time a written resignation is sent to the company or at the time specified in the resignation, whichever is later. Filling vacancy 324 (1) Subject to subsection 322(3), where a vacancy occurs in the office of auditor of a company, the directors shall forthwith fill the vacancy, and the auditor so appointed holds office for the unexpired term of office of the predecessor of that auditor. Where Superintendent may fill vacancy (2) Where the directors fail to fill a vacancy in accordance with subsection (1), the Superintendent may fill the vacancy and the auditor so appointed holds office for the unexpired term of office of the predecessor of that auditor. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 324-326 Designation of member of firm (3) Where the Superintendent has, pursuant to subsection (2), appointed a firm of accountants to fill a vacancy, the Superintendent shall designate the member of the firm who is to conduct the audit of the company on behalf of the firm. Right to attend meetings 325 (1) The auditor of a company is entitled to receive notice of every meeting of shareholders and, at the expense of the company, to attend and be heard thereat on matters relating to the duties of the auditor. Duty to attend meeting (2) If a director or shareholder of a company, whether or not the shareholder is entitled to vote at the meeting, gives written notice, not less than ten days before a meeting of shareholders, to an auditor or former auditor of the company that the director or shareholder wishes the auditor’s attendance at the meeting, the auditor or former auditor shall attend the meeting at the expense of the company and answer questions relating to the auditor’s or former auditor’s duties as auditor. Notice to company (3) A director or shareholder who gives notice under subsection (2) shall send concurrently a copy of the notice to the company and the company shall forthwith send a copy thereof to the Superintendent. Superintendent may attend (4) The Superintendent may attend and be heard at any meeting referred to in subsection (2). Statement of auditor 326 (1) An auditor of a company who (a) resigns, (b) receives a notice or otherwise learns of a meeting of shareholders called for the purpose of revoking the appointment of the auditor, or (c) receives a notice or otherwise learns of a meeting of directors or shareholders at which another person is to be appointed in the auditor’s stead, whether because of the auditor’s resignation or revocation of appointment or because the auditor’s term of office has expired or is about to expire, shall submit to the company and the Superintendent a written statement giving the reasons for the resignation or the reasons why the auditor opposes any proposed action. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 326-328 Other statements (1.1) In the case of a proposed replacement of an auditor whether because of removal or the expiry of their term, the company shall make a statement of the reasons for the proposed replacement and the proposed replacement auditor may make a statement in which they comment on those reasons. Statements to be sent (2) The company shall send a copy of the statements referred to in subsections (1) and (1.1) without delay to every shareholder entitled to vote at the annual meeting of shareholders and to the Superintendent. 1991, c. 45, s. 326; 2005, c. 54, s. 438. Duty of replacement auditor 327 (1) Where an auditor of a company has resigned or the appointment of an auditor has been revoked, no person or firm shall accept an appointment as auditor of the company or consent to be the auditor of the company until the person or firm has requested and received from the other auditor a written statement of the circumstances and reasons why the other auditor resigned or why, in the other auditor’s opinion, the other auditor’s appointment was revoked. Exception (2) Notwithstanding subsection (1), a person or firm may accept an appointment or consent to be appointed as auditor of a company if, within fifteen days after a request under that subsection is made, no reply from the other auditor is received. Effect of non-compliance (3) Unless subsection (2) applies, an appointment as auditor of a company is void if subsection (1) has not been complied with. Auditor’s examination 328 (1) The auditor of a company shall make such examination as the auditor considers necessary to enable the auditor to report on the annual statement and on other financial statements required by this Act to be placed before the shareholders, except such annual statements or parts thereof as relate to the period referred to in subparagraph 313(1)(a)(ii). Auditing standards (2) The auditor’s examination referred to in subsection (1) shall, except as otherwise specified by the Superintendent, be conducted in accordance with generally accepted auditing standards, the primary source of which is the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 328-330 Handbook of the Chartered Professional Accountants of Canada. 1991, c. 45, s. 328; 2017, c. 26, s. 62. Right to information 329 (1) On the request of the auditor of a company, the present or former directors, officers, employees or agents of the company shall, to the extent that such persons are reasonably able to do so, (a) permit access to such records, assets and security held by the company or any entity in which the company has a substantial investment, and (b) provide such information and explanations as are, in the opinion of the auditor, necessary to enable the auditor to perform the duties of auditor of the company. Directors to provide information (2) On the request of the auditor of a company, the directors of the company shall, to the extent that they are reasonably able to do so, (a) obtain from the present or former directors, officers, employees and agents of any entity in which the company has a substantial investment the information and explanations that such persons are reasonably able to provide and that are, in the opinion of the auditor, necessary to enable the auditor to perform the duties of auditor of the company; and (b) provide the auditor with the information and explanations so obtained. No civil liability (3) A person who in good faith makes an oral or written communication under subsection (1) or (2) shall not be liable in any civil action arising from having made the communication. Auditor’s report and extended examination 330 (1) The Superintendent may, in writing, require that the auditor of a company report to the Superintendent on the extent of the auditor’s procedures in the examination of the annual statement and may, in writing, require that the auditor enlarge or extend the scope of that examination or direct that any other particular procedure be performed in any particular case, and the auditor shall comply with any such requirement of the Superintendent and report to the Superintendent thereon. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 330-331 Special examination (2) The Superintendent may, in writing, require that the auditor of a company make a particular examination relating to the adequacy of the procedures adopted by the company for the safety of its creditors and shareholders, or any other examination as, in the Superintendent’s opinion, the public interest may require, and report to the Superintendent thereon. Idem (3) The Superintendent may direct that a special audit of a company be made if, in the opinion of the Superintendent, it is so required and may appoint for that purpose an accountant or a firm of accountants qualified pursuant to subsection 320(1) to be an auditor of the company. Expenses payable by company (4) The expenses entailed by any examination or audit referred to in any of subsections (1) to (3) are payable by the company on being approved in writing by the Superintendent. 1991, c. 45, s. 330; 1999, c. 31, s. 217(F). Auditor’s report 331 (1) The auditor shall, not less than twenty-one days before the date of the annual meeting of the shareholders of the company, make a report in writing to the shareholders on the annual statement referred to in subsection 313(1). Audit for shareholders (2) In each report required under subsection (1), the auditor shall state whether, in the auditor’s opinion, the annual statement presents fairly, in accordance with the accounting principles referred to in subsection 313(4), the financial position of the company as at the end of the financial year to which it relates and the results of the operations and changes in the financial position of the company for that financial year. Auditor’s remarks (3) In each report referred to in subsection (2), the auditor shall include such remarks as the auditor considers necessary when (a) the examination has not been made in accordance with the auditing standards referred to in subsection 328(2); (b) the annual statement has not been prepared on a basis consistent with that of the preceding financial year; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 331-333 (c) the annual statement does not present fairly, in accordance with the accounting principles referred to in subsection 313(4), the financial position of the company as at the end of the financial year to which it relates or the results of the operations or changes in the financial position of the company for that financial year. Report on directors’ statement 332 (1) The auditor of a company shall, if required by the shareholders, audit and report to the shareholders on any financial statement submitted by the directors to the shareholders, and the report shall state whether, in the auditor’s opinion, the financial statement presents fairly the information required by the shareholders. Making of report (2) A report of the auditor made under subsection (1) shall be attached to the financial statement to which it relates and a copy of the statement and report shall be sent by the directors to every shareholder and to the Superintendent. Report to officers 333 (1) It is the duty of the auditor of a company to report in writing to the chief executive officer and chief financial officer of the company any transactions or conditions that have come to the auditor’s attention affecting the well-being of the company that in the auditor’s opinion are not satisfactory and require rectification and, without restricting the generality of the foregoing, the auditor shall, as occasion requires, make a report to those officers in respect of (a) transactions of the company that have come to the auditor’s attention and that in the auditor’s opinion have not been within the powers of the company, and (b) loans owing to the company by any person the aggregate amount of which exceeds one half of one per cent of the regulatory capital of the company and in respect of which, in the auditor’s opinion, loss to the company is likely to occur, but when a report required under paragraph (b) has been made in respect of loans to any person, it is not necessary to report again in respect of loans to that person unless, in the opinion of the auditor, the amount of the loss likely to occur has increased. Transmission of report (2) Where the auditor of a company makes a report under subsection (1), Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 333-336 (a) the auditor shall transmit the report, in writing, to the chief executive officer and chief financial officer of the company; (b) the report shall be presented to the first meeting of the directors following its receipt; (c) the report shall be incorporated in the minutes of that meeting; and (d) the auditor shall, at the time of transmitting the report to the chief executive officer and chief financial officer, provide the audit committee of the company and the Superintendent with a copy. 1991, c. 45, s. 333; 2005, c. 54, s. 439. Auditor of subsidiaries 334 (1) A company shall take all necessary steps to ensure that its auditor is duly appointed as the auditor of each of its subsidiaries. Subsidiary outside Canada (2) Subsection (1) applies in the case of a subsidiary that carries on its operations in a country other than Canada unless the laws of that country do not permit the appointment of the auditor of the company as the auditor of that subsidiary. Exception (3) Subsection (1) does not apply in respect of any particular subsidiary where the company, after having consulted its auditor, is of the opinion that the total assets of the subsidiary are not a material part of the total assets of the company. Auditor’s attendance 335 (1) The auditor of a company is entitled to receive notice of every meeting of the audit committee and the conduct review committee of the company and, at the expense of the company, to attend and be heard at that meeting. Attendance (2) If so requested by a member of the audit committee, the auditor shall attend every meeting of the audit committee held during the member’s term of office. 1991, c. 45, s. 335; 1993, c. 34, s. 125(F). Calling meeting 336 (1) The auditor of a company or a member of the audit committee may call a meeting of the audit committee. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Auditor Sections 336-339 Right to interview (2) The chief internal auditor of a company or any officer or employee of the company acting in a similar capacity shall, at the request of the auditor of the company and on receipt of reasonable notice, meet with the auditor. Notice of errors 337 (1) A director or an officer of a company shall forthwith notify the audit committee and the auditor of the company of any error or misstatement of which the director or officer becomes aware in an annual statement or other financial statement on which the auditor or any former auditor has reported. Error noted by auditor (2) If the auditor or a former auditor of a company is notified or becomes aware of an error or misstatement in an annual statement or other financial statement on which the auditor reported and in the auditor’s opinion the error or misstatement is material, the auditor or former auditor shall inform each director of the company accordingly. Duty of directors (3) When under subsection (2) the auditor or a former auditor of a company informs the directors of an error or misstatement in an annual statement or other financial statement, the directors shall (a) prepare and issue a revised annual statement or financial statement; or (b) otherwise inform the shareholders and the Superintendent of the error or misstatement. Qualified privilege for statements 338 Any oral or written statement or report made under this Act by the auditor or a former auditor of a company has qualified privilege. Remedial Actions Derivative action 339 (1) Subject to subsection (2), a complainant or the Superintendent may apply to a court for leave to bring an action under this Act in the name and on behalf of a company or any of its subsidiaries, or to intervene in an action under this Act to which the company or a subsidiary of the company is a party, for the purpose of prosecuting, defending or discontinuing the action on behalf of the company or the subsidiary. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Remedial Actions Sections 339-340 Conditions precedent (2) No action may be brought and no intervention in an action may be made under subsection (1) by a complainant unless the court is satisfied that (a) the complainant has, not less than 14 days before bringing the application or as otherwise ordered by the court, given notice to the directors of the company or the company’s subsidiary of the complainant’s intention to apply to the court under subsection (1) if the directors of the company or the company’s subsidiary do not bring, diligently prosecute or defend or discontinue the action; (b) the complainant is acting in good faith; and (c) it appears to be in the interests of the company or the subsidiary that the action be brought, prosecuted, defended or discontinued. Notice to Superintendent (3) A complainant under subsection (1) shall give the Superintendent notice of the application and the Superintendent may appear and be heard in person or by counsel at the hearing of the application. 1991, c. 45, s. 339; 2005, c. 54, s. 440. Powers of court 340 (1) In connection with an action brought or intervened in under subsection 339(1), the court may at any time make any order it thinks fit including, without limiting the generality of the foregoing, (a) an order authorizing the Superintendent, the complainant or any other person to control the conduct of the action; (b) an order giving directions for the conduct of the action; (c) an order directing that any amount adjudged payable by a defendant in the action be paid, in whole or in part, directly to former and present security holders of the company or of the subsidiary instead of to the company or to the subsidiary; and (d) an order requiring the company or the subsidiary to pay reasonable legal fees incurred by the Superintendent or the complainant in connection with the action. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Remedial Actions Sections 340-343 Jurisdiction (2) Notwithstanding subsection (1), the court may not make any order in relation to any matter that would, under this Act, require the approval of the Minister or the Superintendent. Status of shareholder approval 341 (1) An application made or an action brought or intervened in under subsection 339(1) or section 343 need not be stayed or dismissed by reason only that it is shown that an alleged breach of a right or duty owed to the company or its subsidiary has been or might be approved by the shareholders of the company or subsidiary or both, but evidence of approval by the shareholders may be taken into account by the court in making an order under section 340. Court approval to discontinue (2) An application made or an action brought or intervened in under subsection 339(1) or section 343 shall not be stayed, discontinued, settled or dismissed for want of prosecution without the approval of the court given on such terms as the court thinks fit and, if the court determines that the interests of any complainant might be substantially affected by any stay, discontinuance, settlement or dismissal, the court may order any party to the application or action to give notice to the complainant. No security for costs 342 (1) A complainant is not required to give security for costs in any application made or any action brought or intervened in under subsection 339(1) or section 343. Interim costs (2) In an application made or an action brought or intervened in under subsection 339(1) or section 343, the court may at any time order the company or its subsidiary to pay to the complainant interim costs, including legal fees and disbursements, but the complainant may be held accountable by the court for those interim costs on final disposition of the application or action. 1991, c. 45, s. 342; 2005, c. 54, s. 441(F). Application to rectify records 343 (1) If the name of a person is alleged to be or to have been wrongly entered or retained in, or wrongly deleted or omitted from, the securities register or any other record of a company, the company, a security holder of the company or any aggrieved person may apply to a court for an order that the securities register or record be rectified. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Remedial Actions Sections 343-346 Notice to Superintendent (2) An applicant under this section shall give the Superintendent notice of the application and the Superintendent may appear and be heard in person or by counsel at the hearing of the application. Powers of court (3) In connection with an application under this section, the court may make any order it thinks fit including, without limiting the generality of the foregoing, (a) an order requiring the securities register or other record of the company to be rectified; (b) an order restraining a company from calling or holding a meeting of shareholders or paying a dividend before the rectification; (c) an order determining the right of a party to the proceedings to have the party’s name entered or retained in, or deleted or omitted from, the securities register or records of the company, whether the issue arises between two or more security holders or alleged security holders, or between the company and any security holder or alleged security holder; and (d) an order compensating a party who has incurred a loss. Liquidation and Dissolution Definition of “court” 344 For the purposes of subsections 351(1) and 352(1) and (2), sections 353 to 357, subsection 358(1), sections 360 and 362 to 364, subsections 368(3) and (4) and section 373, court means a court having jurisdiction in the place where the company has its head office. Application of subsection (2) and sections 346 to 373 345 (1) Subsection (2) and sections 346 to 373 do not apply to a company that is insolvent within the meaning of the Winding-up and Restructuring Act. Staying proceedings on insolvency (2) Any proceedings taken under this Part to dissolve or to liquidate and dissolve a company shall be stayed if the company is at any time found to be insolvent within the meaning of the Winding-up and Restructuring Act. 1991, c. 45, s. 345; 1996, c. 6, s. 167. Returns to Superintendent 346 A liquidator appointed under this Part to wind up the business of a Current to June 20, 2022 Last amended on January 1, 2022 company shall provide the Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Liquidation and Dissolution Sections 346-349 Superintendent with such information relating to the business and affairs of the company in such form as the Superintendent requires. Simple Liquidation No property and no liabilities 347 (1) A company that has no property and no liabilities may, if authorized by a special resolution of the shareholders or, if there are no shareholders, by a resolution of all the directors, apply to the Minister for letters patent dissolving the company. Dissolution by letters patent (2) Where the Minister has received an application under subsection (1) and is satisfied that all the circumstances so warrant, the Minister may issue letters patent dissolving the company. Effect of letters patent (3) A company in respect of which letters patent are issued under subsection (2) ceases to exist on the day stated in the letters patent. Proposing liquidation 348 (1) The voluntary liquidation and dissolution of a company, other than a company referred to in subsection 347(1), (a) may be proposed by its directors; or (b) may be initiated by way of a proposal made by a shareholder who is entitled to vote at an annual meeting of shareholders in accordance with sections 146 and 147. Terms must be set out (2) A notice of any meeting of shareholders at which the voluntary liquidation and dissolution of a company is to be proposed shall set out the terms of the proposal. Shareholders’ resolution 349 Where the voluntary liquidation and dissolution of a company is proposed, the company may apply to the Minister for letters patent dissolving the company if authorized by a special resolution of the shareholders or, where the company has issued more than one class of shares, by special resolution of each class of shareholders whether or not those shareholders are otherwise entitled to vote. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Simple Liquidation Section 350 Approval of Minister required 350 (1) No action directed toward the voluntary liquidation and dissolution of a company shall be taken by a company, other than as provided in sections 348 and 349, until an application made by the company pursuant to section 349 has been approved by the Minister. Conditional approval (2) Where the Minister is satisfied on the basis of an application made pursuant to section 349 that the circumstances warrant the voluntary liquidation and dissolution of a company, the Minister may, by order, approve the application. Effect of approval (3) Where the Minister has approved an application made pursuant to section 349 with respect to a company, the company shall not carry on business except to the extent necessary to complete its voluntary liquidation. Liquidation process (4) Where the Minister has approved an application made pursuant to section 349 with respect to a company, the company shall (a) cause notice of the approval to be sent to each known claimant against and creditor of the company; (b) publish notice of the approval once a week for four consecutive weeks in the Canada Gazette and once a week for two consecutive weeks in one or more newspapers in general circulation in each province in which the company transacted any business within the preceding twelve months; (c) proceed to collect its property, dispose of property that is not to be distributed in kind to its shareholders, discharge all its obligations and do all other acts required to liquidate its business; (d) where the company is a trust company pursuant to subsection 57(2), make such arrangements as are necessary to transfer to another company that is a trust company pursuant to subsection 57(2) money or other assets held in trust by the company, other than assets held in respect of guaranteed trust money; and (e) after giving the notice required under paragraphs (a) and (b) and adequately providing for the payment or discharge of all its obligations, distribute its remaining property, either in money or in kind, among its shareholders according to their respective rights. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Simple Liquidation Sections 351-354 Dissolution instrument 351 (1) Unless a court has made an order in accordance with subsection 352(1), the Minister may, if satisfied that the company has complied with subsection 350(4) and that all the circumstances so warrant, issue letters patent dissolving the company. Company dissolved (2) A company in respect of which letters patent are issued under subsection (1) is dissolved and ceases to exist on the day stated in the letters patent. Court-supervised Liquidation Application for court supervision 352 (1) The Superintendent or any interested person may, at any time during the liquidation of a company, apply to a court for an order for the continuance of the voluntary liquidation under the supervision of the court in accordance with this section and sections 353 to 365 and on such application the court may so order and make any further order it thinks fit. Idem (2) An application under subsection (1) to a court to supervise a voluntary liquidation shall state the reasons, verified by an affidavit of the applicant, why the court should supervise the liquidation. Notice to Superintendent (3) Where a person, other than the Superintendent, makes an application under subsection (1), the person shall give the Superintendent notice of the application and the Superintendent may appear and be heard in person or by counsel at the hearing of the application. Court supervision thereafter 353 (1) When a court makes an order under subsection 352(1), the liquidation of the company shall continue under the supervision of the court. Commencement of liquidation (2) The supervision of the liquidation of a company by the court pursuant to an order made under subsection 352(1) commences on the day the order is made. Powers of court 354 In connection with the liquidation and dissolution of a company, the court may, where it is satisfied (a) that the company is able to pay or adequately provide for the discharge of all its obligations, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Section 354 (b) in the case of a company that is a trust company pursuant to subsection 57(2), that the company is able to make satisfactory arrangements for the protection of persons in relation to whom the company is acting in a fiduciary capacity, make any order it thinks fit including, without limiting the generality of the foregoing, (c) an order to liquidate, (d) an order appointing a liquidator, with or without security, fixing a liquidator’s remuneration and replacing a liquidator, (e) an order appointing inspectors or referees, specifying their powers, fixing their remuneration and replacing inspectors or referees, (f) an order determining the notice to be given to any interested person, or dispensing with notice to any person, (g) an order determining the validity of any claims made against the company, (h) an order, at any stage of the proceedings, restraining the directors and officers of the company from (i) exercising any of their powers, or (ii) collecting or receiving any debt or other property of the company, and from paying out or transferring any property of the company, except as permitted by the court, (i) an order determining and enforcing the duty or liability of any present or former director, officer or shareholder (i) to the company, or (ii) for an obligation of the company, (j) an order approving the payment, satisfaction or compromise of claims against the company and the retention of assets for that purpose, and determining the adequacy of provisions for the payment, discharge or transfer of any trust obligation or other obligation of the company, whether liquidated, unliquidated, future or contingent, (k) with the concurrence of the Superintendent, an order providing for the disposal or destruction of the documents, records or registers of the company, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Sections 354-355 (l) on the application of a creditor, an inspector or the liquidator, an order giving directions on any matter arising in the liquidation, (m) after notice has been given to all interested parties, an order relieving the liquidator from any omission or default on such terms as the court thinks fit and confirming any act of the liquidator, (n) subject to sections 361 to 363, an order approving any proposed, interim or final distribution to shareholders, if any, or incorporators, in money or in property, (o) an order disposing of any property belonging to creditors, shareholders and incorporators who cannot be found, (p) on the application of any director, officer, shareholder, incorporator, creditor or the liquidator, (i) an order staying the liquidation proceedings on such terms and conditions as the court thinks fit, (ii) an order continuing or discontinuing the liquidation proceedings, or (iii) an order to the liquidator to restore to the company all of its remaining property, and (q) after the liquidator has rendered the liquidator’s final account to the court, an order directing the company to apply to the Minister for letters patent dissolving the company. 1991, c. 45, s. 354; 2005, c. 54, s. 442(F). Cessation of business and powers 355 (1) Where a court makes an order for the liquidation of a company, (a) the company continues in existence but shall cease to carry on business, except the business that is, in the opinion of the liquidator, required for an orderly liquidation; and (b) the powers of the directors and shareholders, if any, are vested in the liquidator and cease to be vested in the directors or shareholders, except as specifically authorized by the court. Delegation by liquidator (2) A liquidator may delegate any of the powers vested by paragraph (1)(b) to the directors or shareholders, if any. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Sections 356-358 Appointment of liquidator 356 When making an order for the liquidation of a company or at any time thereafter, the court may appoint any person, including a director, an officer or a shareholder of the company or any other company, as liquidator of the company. Vacancy in liquidator’s office 357 Where an order for the liquidation of a company has been made and the office of liquidator is or becomes vacant, the property of the company is under the control of the court until the office of liquidator is filled. Duties of liquidator 358 (1) A liquidator shall (a) forthwith after appointment give notice thereof to the Superintendent and to each claimant and creditor of the company known to the liquidator; (b) forthwith after appointment publish notice thereof once a week for four consecutive weeks in the Canada Gazette and once a week for two consecutive weeks in one or more newspapers in general circulation in each province in which the company has transacted any business within the preceding twelve months, requiring (i) any person indebted to the company to render an account and pay to the liquidator at the time and place specified in the notice any amount owing, (ii) any person possessing property of the company to deliver it to the liquidator at the time and place specified in the notice, and (iii) any person having a claim against the company, whether liquidated, unliquidated, future or contingent, to present particulars thereof in writing to the liquidator not later than sixty days after the first publication of the notice; (c) take into custody and control the property of the company; (d) if the company is a trust company pursuant to subsection 57(2), make such arrangements as are necessary to transfer to another company that is a trust company pursuant to subsection 57(2) money or other assets held in trust by the company, other than assets held in respect of guaranteed trust money; (e) open and maintain a trust account for the moneys received by the liquidator in the course of the liquidation of the company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Section 358 (f) keep accounts of the moneys received and paid out by the liquidator in the course of the liquidation of the company; (g) maintain separate lists of each class of creditors, shareholders and other persons having claims against the company; (h) if at any time the liquidator determines that the company is unable to pay or adequately provide for the discharge of its obligations, apply to the court for directions; (i) deliver to the court and to the Superintendent, at least once in every twelve month period after the liquidator’s appointment or more often as the court requires, the annual statement of the company prepared in accordance with subsection 313(1) or prepared in such manner as the liquidator thinks proper or as the court requires; and (j) after the final accounts are approved by the court, distribute any remaining property of the company among the shareholders, if any, or incorporators, according to their respective rights. Powers of liquidator (2) A liquidator may (a) retain lawyers, notaries, accountants, appraisers and other professional advisers; (b) bring, defend or take part in any civil, criminal or administrative action or proceeding in the name and on behalf of the company; (c) carry on the business of the company as required for an orderly liquidation; (d) sell by public auction or private sale any property of the company; (e) if the company is a trust company pursuant to subsection 57(2), make such arrangements as are necessary to transfer to another company that is a trust company pursuant to subsection 57(2) money or other assets held in trust by the company, other than assets held in respect of guaranteed trust money; (f) do all acts and execute documents in the name and on behalf of the company; (g) borrow money on the security of the property of the company; (h) settle or compromise any claims by or against the company; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Sections 358-362 (i) do all other things necessary for the liquidation of the company and distribution of its property. Due diligence 359 A liquidator is not liable if they exercised the care, diligence and skill that a reasonably prudent person would have exercised in comparable circumstances, including reliance in good faith on (a) financial statements of the company represented to the liquidator by an officer of the company or in a written report of the auditor of the company fairly to reflect the financial condition of the company; or (b) a report of a person whose profession lends credibility to a statement made by them. 1991, c. 45, s. 359; 2005, c. 54, s. 443. Examination of others 360 (1) Where a liquidator has reason to believe that any property of the company is in the possession or under the control of a person or that a person has concealed, withheld or misappropriated any such property, the liquidator may apply to the court for an order requiring that person to appear before the court at the time and place designated in the order and to be examined. Restoration and compensation (2) Where an examination conducted pursuant to subsection (1) discloses that a person has concealed, withheld or misappropriated any property of the company, the court may order that person to restore the property or pay compensation to the liquidator. Costs of liquidation 361 A liquidator shall pay the costs of liquidation out of the property of the company and shall pay or make adequate provision for all claims against the company. Final accounts 362 (1) Within one year after the appointment of a liquidator and after paying or making adequate provision for all claims against the company, the liquidator shall apply to the court (a) for approval of the final accounts of the liquidator and for an order permitting the distribution, in money or in kind, of the remaining property of the company to its shareholders, if any, or to the incorporators, according to their respective rights; or (b) for an extension of time, setting out the reasons therefor. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Sections 362-364 Shareholder application (2) If a liquidator fails to make the application required by subsection (1), a shareholder of the company or, if there are no shareholders of the company, an incorporator may apply to the court for an order for the liquidator to show cause why a final accounting and distribution should not be made. Notification of final accounts (3) A liquidator shall give notice of the liquidator’s intention to make an application under subsection (1) to the Superintendent, to each inspector appointed under section 354, to each shareholder of the company or, if there are no shareholders, to each incorporator and to any person who provided a security or fidelity bond for the liquidation. Publication (4) The liquidator shall publish the notice required under subsection (3) in the Canada Gazette and once a week for two consecutive weeks in one or more newspapers in general circulation in each province in which the company has transacted any business within the preceding twelve months or as otherwise directed by the court. Final order 363 (1) If the court approves the final accounts rendered by a liquidator, the court shall make an order (a) directing the company to apply to the Minister for letters patent dissolving the company; (b) directing the custody or disposal of the documents, records and registers of the company; and (c) discharging the liquidator except in respect of the duty of a liquidator under subsection (2). Delivery of order (2) The liquidator shall forthwith send a certified copy of the order referred to in subsection (1) to the Superintendent. Right to distribution of money 364 (1) If in the course of the liquidation of a company the shareholders resolve to, or the liquidator proposes to, (a) exchange all or substantially all of the remaining property of the company for securities of another entity that are to be distributed to the shareholders or to the incorporators, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors Court-supervised Liquidation Sections 364-366 (b) distribute all or part of the remaining property of the company to the shareholders or to the incorporators in kind, a shareholder or incorporator may apply to the court for an order requiring the distribution of the remaining property of the company to be in money. Powers of court (2) On an application under subsection (1), the court may order (a) all of the remaining property of the company to be converted into and distributed in money; or (b) the claim of any shareholder or incorporator applying under this section to be satisfied by a distribution in money. Order by court (3) Where an order is made by a court under paragraph (2)(b), the court (a) shall fix a fair value on the share of the property of the company attributable to the shareholder or incorporator; (b) may in its discretion appoint one or more appraisers to assist the court in fixing a fair value in accordance with paragraph (a); and (c) shall render a final order against the company in favour of the shareholder or incorporator for the amount of the share of the property of the company attributable to the shareholder or incorporator. Dissolution by letters patent 365 (1) On an application made pursuant to an order under paragraph 363(1)(a), the Minister may issue letters patent dissolving the company. Company dissolved (2) A company in respect of which letters patent are issued under subsection (1) is dissolved and ceases to exist on the date of the issuance of the letters patent. General Definition of shareholder and incorporator 366 In sections 368 and 369, shareholder and incorporator include the heirs and personal representatives of a shareholder or incorporator. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors General Sections 367-368 Continuation of actions 367 (1) Notwithstanding the dissolution of a company under this Part, (a) a civil, criminal or administrative action or proceeding commenced by or against the company before its dissolution may be continued as if the company had not been dissolved; (b) a civil, criminal or administrative action or proceeding may be brought against the company within two years after its dissolution as if the company had not been dissolved; and (c) any property that would have been available to satisfy any judgment or order if the company had not been dissolved remains available for that purpose. Service on company (2) Service of a document on a company after its dissolution may be effected by serving the document on a person shown as a director in the incorporating instrument of the company or, if applicable, in the latest return sent to the Superintendent under section 499. 1991, c. 45, s. 367; 1999, c. 31, s. 218. Limitations on liability 368 (1) Notwithstanding the dissolution of a company, a shareholder or incorporator to whom any of its property has been distributed is liable to any person claiming under subsection 367(1) to the extent of the amount received by that shareholder or incorporator on the distribution. Limitation (2) An action to enforce liability under subsection (1) may not be commenced except within two years after the date of the dissolution of the company. Action against class (3) A court may order an action referred to in subsections (1) and (2) to be brought against the persons who were shareholders or incorporators as a class, subject to such conditions as the court thinks fit. Reference (4) If the plaintiff establishes a claim in an action under subsection (3), the court may refer the proceedings to a referee or other officer of the court who may (a) add as a party to the proceedings each person found by the plaintiff to have been a shareholder or incorporator; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors General Sections 368-371 (b) determine, subject to subsection (1), the amount that each person who was a shareholder or incorporator must contribute towards satisfaction of the plaintiff’s claim; and (c) direct payment of the amounts so determined. Where creditor cannot be found 369 Where a creditor, shareholder or incorporator to whom property is to be distributed on the dissolution of a company cannot be found, the portion of the property to be distributed to that creditor, shareholder or incorporator shall be converted into money and paid in accordance with section 371. Vesting in Crown 370 Subject to subsection 367(1) and sections 371 and 372, property of a company that has not been disposed of at the date of the dissolution of the company vests in Her Majesty in right of Canada. Unclaimed money on winding-up 371 (1) Notwithstanding the Winding-up and Restructuring Act, where the business of a company is being wound up, the liquidator or the company shall pay to the Minister on demand and in any event before the final winding-up of that business any amount that is payable by the liquidator or the company to a creditor, shareholder or incorporator of the company to whom payment thereof has not, for any reason, been made. Records (2) Where a liquidator or a company makes a payment to the Minister under subsection (1) with respect to a creditor, shareholder or incorporator, the liquidator or company shall concurrently forward to the Minister all documents, records and registers in the possession of the liquidator or company that relate to the entitlement of the creditor, shareholder or incorporator. Payment to Bank of Canada (3) The Minister shall pay to the Bank of Canada all amounts paid to the Minister under subsection (1) and shall provide the Bank of Canada with any document, record or register received by the Minister under subsection (2). Liquidator and company discharged (4) Payment by a liquidator or a company to the Minister under subsection (1) discharges the liquidator and the company in respect of which the payment is made from all liability for the amount so paid, and payment by the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors General Sections 371-374 Minister to the Bank of Canada under subsection (3) discharges the Minister from all liability for the amount so paid. 1991, c. 45, s. 371; 1996, c. 6, s. 167. Liability of Bank of Canada 372 (1) Subject to section 22 of the Bank of Canada Act, where payment has been made to the Bank of Canada of an amount under subsection 371(3), the Bank of Canada, if payment is demanded by a person who, but for subsection 371(4), would be entitled to receive payment of that amount from the liquidator, the company or the Minister, is liable to pay to that person at its head office an amount equal to the amount so paid to it, with interest thereon for the period, not exceeding ten years, from the day on which the payment was received by the Bank of Canada until the date of payment to the person, at such rate and computed in such manner as the Minister determines. Enforcing liability (2) The liability of the Bank of Canada under subsection (1) may be enforced by action against the Bank of Canada in the court in the province in which the debt or instrument was payable. Custody of records after dissolution 373 A person who has been granted custody of the documents, records and registers of a dissolved company shall keep them available for production for six years following the date of the dissolution of the company or until the expiration of such shorter period as may be ordered by the court when it orders the dissolution. Insolvency 374 (1) In the case of the insolvency of a company, (a) the payment of any amount due to Her Majesty in right of Canada, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a first charge on the assets of the company; (b) the payment of any amount due to Her Majesty in right of a province, in trust or otherwise, except indebtedness evidenced by subordinated indebtedness, shall be a second charge on the assets of the company; (c) the payment of the deposit liabilities of the company and all other liabilities of the company, except the liabilities referred to in paragraphs (d) and (e), shall be a third charge on the assets of the company; (d) subordinated indebtedness of the company and all other liabilities that by their terms rank equally with or subordinate to such subordinated indebtedness Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VI Corporate Governance Financial Statements and Auditors General Sections 374-374.1 shall be a fourth charge on the assets of the company; and (e) the payment of any fines and penalties for which the company is liable shall be a last charge on the assets of the company. Priority not affected (2) Nothing in subsection (1) prejudices or affects the priority of any holder of any security interest in any property of a company. Priorities (3) Priorities within each of paragraphs (1)(a) to (e) shall be determined in accordance with the laws governing priorities and, where applicable, by the terms of the indebtedness and liabilities referred to therein. 1991, c. 45, s. 374; 2001, c. 9, s. 517. PART VII Ownership DIVISION I Interpretation Definitions 374.1 The following definitions apply in this Part. agent means (a) in relation to Her Majesty in right of Canada or of a province, any agent of Her Majesty in either of those rights, and includes a municipal or public body empowered to perform a function of government in Canada or any entity empowered to perform a function or duty on behalf of Her Majesty in either of those rights, but does not include (i) an official or entity performing a function or duty in connection with the administration or management of the estate or property of a natural person, (ii) an official or entity performing a function or duty in connection with the administration, management or investment of a fund established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons, or moneys derived from such a fund, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION I Interpretation Sections 374.1-374.2 (iii) the trustee of any trust for the administration of a fund to which Her Majesty in either of those rights contributes and of which an official or entity that is an agent of Her Majesty in either of those rights is a trustee; and (b) in relation to the government of a foreign country or any political subdivision thereof, a person empowered to perform a function or duty on behalf of the government of the foreign country or political subdivision, other than a function or duty in connection with the administration or management of the estate or property of a natural person. (mandataire) eligible agent means an agent or agency of Her Majesty in right of Canada or of a province or an agent or agency of a government of a foreign country or any political subdivision of a foreign country (a) whose mandate is publicly available; (b) that controls the assets of an investment fund in a manner intended to maximize long-term risk-adjusted returns and that fund is (i) one to which, as the case may be, Her Majesty in right of Canada or of a province or the government of a foreign country or political subdivision contributes, or (ii) established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons; and (c) whose decisions with respect to the assets of the fund referred to in paragraph (b) are not influenced in any significant way by, as the case may be, Her Majesty in right of Canada or of the province or the government of the foreign country or the political subdivision. (mandataire admissible) 1994, c. 47, s. 205; 2012, c. 19, s. 327. Associates 374.2 (1) For the purpose of determining ownership of a company by an eligible agent, where two persons, at least one of whom is an eligible agent, are associated with each other, those persons are deemed to be a single eligible agent who beneficially owns the aggregate number of shares of the company beneficially owned by them. Associates (2) For the purposes of subsection (1), a person is associated with another person if Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION I Interpretation Sections 374.2-375 (a) each person is an agent or agency of Her Majesty in right of Canada; (b) each person is an agent or agency of Her Majesty in right of the same province; (c) each person is an agent or agency of a government of the same foreign country or a political subdivision of the same foreign country; (d) one person is Her Majesty in right of Canada and the other person is an agent or agency of Her Majesty in that right; (e) one person is Her Majesty in right of a province and the other person is an agent or agency of Her Majesty in right of that province; or (f) one person is a government of a foreign country or any political subdivision of a foreign country and the other person is its agent or agency. 2012, c. 19, s. 327. DIVISION II Constraints on Ownership Constraining acquisition 375 (1) No person, or entity controlled by a person, shall, without the approval of the Minister, purchase or otherwise acquire any share of a company or purchase or otherwise acquire control of any entity that holds any share of a company if (a) the acquisition would cause the person to have a significant interest in any class of shares of the company; or (b) where the person has a significant interest in a class of shares of the company, the acquisition would increase the significant interest of the person in that class of shares. Amalgamation, etc., constitutes acquisition (2) If the entity that would result from an amalgamation, a merger or a reorganization would have a significant interest in a class of shares of a company, the entity is deemed to be acquiring a significant interest in that class of shares of the company through an acquisition for which the approval of the Minister is required under subsection (1). Exemption (3) On application by a company, the Superintendent may exempt from the application of this section and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 375-377 section 376 any class of non-voting shares of the company if the aggregate book value of the shares of the class is not more than 30 per cent of the aggregate book value of all the outstanding shares of the company. (4) and (5) [Repealed, 2001, c. 9, s. 518] 1991, c. 45, s. 375; 2001, c. 9, s. 518; 2007, c. 6, s. 354. No acquisition of control without approval 375.1 (1) No person shall acquire control, within the meaning of paragraph 3(1)(d), of a company without the approval of the Minister. Amalgamation, etc., constitutes acquisition (2) If the entity that would result from an amalgamation, a merger or a reorganization would control, within the meaning of paragraph 3(1)(d), a company, the entity is deemed to be acquiring control, within the meaning of that paragraph, of the company through an acquisition for which the approval of the Minister is required under subsection (1). 1997, c. 15, s. 372; 2001, c. 9, s. 519; 2007, c. 6, s. 355. Constraining registration 376 No company shall, unless the acquisition of the share has been approved by the Minister, record in its securities register a transfer or issue of any share of the company to any person or to any entity controlled by a person if (a) the transfer or issue of the share would cause the person to have a significant interest in any class of shares of the company; or (b) where the person has a significant interest in a class of shares of the company, the transfer or issue of the share would increase the significant interest of the person in that class of shares of the company. Exception — small holdings 376.1 Despite section 376, if, as a result of a transfer or issue of shares of a class of shares of a company to a person, other than an eligible agent, the total number of shares of that class registered in the securities register of the company in the name of that person would not exceed 5,000 and would not exceed 0.1% of the outstanding shares of that class, the company is entitled to assume that no person is acquiring or increasing a significant interest in that class of shares of the company as a result of that issue or transfer of shares. 1994, c. 47, s. 206; 2012, c. 31, s. 100. Where approval not required 377 (1) Notwithstanding subsections 375(1) and (2) and section 376, approval of the Minister is not required Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Section 377 where a person with a significant interest in a class of shares of a company or an entity controlled by a person with a significant interest in a class of shares of a company (a) purchases or otherwise acquires shares of that class, or (b) acquires control of any entity that holds any share of that class, and the number of shares of that class purchased or otherwise acquired, or the acquisition of control of the entity, as the case may be, would not increase the significant interest of the person in that class of shares of the company to a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever is applicable. Percentage (2) Subject to subsection (3), for the purposes of subsection (1), the percentage is 5 percentage points in excess of the significant interest of the person in that class of shares of the company on the later of the day this Part comes into force and the day of the most recent purchase or other acquisition by (a) the person, or (b) any entity controlled by the person, other than the entity referred to in paragraph (1)(b), of shares of that class of shares of the company, or of control of an entity that held shares of that class of shares of the company, for which approval was given by the Minister. Idem (3) Where a person has a significant interest in a class of shares of a company and the person’s percentage of that class has decreased after the date of the most recent purchase or other acquisition by (a) the person, or (b) any entity controlled by the person, other than the entity referred to in paragraph (1)(b), of shares of that class of shares of the company, or of control of an entity that held shares of that class of shares of the company, for which approval was given by the Minister, the percentage for the purposes of subsection (1) is the percentage that is the lesser of (c) 5 percentage points in excess of the significant interest of the person in that class of shares of the company on the later of the day this Part comes into force Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Section 377 and the day of the most recent purchase or other acquisition by (i) the person, or (ii) any entity controlled by the person, other than the entity referred to in paragraph (1)(b), of shares of that class of shares of the company, or of control of an entity that held shares of that class of shares of the company, for which approval was given by the Minister, and (d) 10 percentage points in excess of the lowest significant interest of the person in that class of shares of the company at any time after the later of the day this Part comes into force and the day of the most recent purchase or other acquisition by (i) the person, or (ii) any entity controlled by the person, other than the entity referred to in paragraph (1)(b), of shares of that class of shares of the company, or of control of an entity that held shares of that class of shares of the company, for which approval was given by the Minister. Exception — eligible agent (3.1) If the person referred to in subsection (1) is an eligible agent or an entity controlled by an eligible agent, then the Minister may reduce the percentage referred to in subsection (2) or (3). Exception (4) Subsection (1) does not apply if the purchase or other acquisition of shares or the acquisition of control referred to in that subsection would (a) result in the acquisition of control of the company by the person referred to in that subsection; (b) where the person controls the company but the voting rights attached to the aggregate of any voting shares of the company beneficially owned by the person and by entities controlled by the person do not exceed 50 per cent of the voting rights attached to all of the outstanding voting shares of the company, cause the voting rights attached to that aggregate to exceed 50 per cent of the voting rights attached to all of the outstanding voting shares of the company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 377-378 (c) result in the acquisition of a significant interest in a class of shares of the company by an entity controlled by the person and the acquisition of that investment is not exempted by the regulations; or (d) result in an increase in a significant interest in a class of shares of the company by an entity controlled by the person by a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever applies, and the increase is not exempted by the regulations. Regulations (5) The Governor in Council may make regulations (a) exempting from the application of paragraph (4)(c) the acquisition of a significant interest in a class of shares of the company by an entity controlled by the person; and (b) exempting from the application of paragraph (4)(d) an increase in a significant interest in a class of shares of the company by an entity controlled by the person by a percentage that is greater than the percentage referred to in subsection (2) or (3), whichever applies. 1991, c. 45, s. 377; 1997, c. 15, s. 373; 2012, c. 31, s. 101. Where approval not required 378 (1) Despite sections 375 and 376, the approval of the Minister is not required if (a) the Superintendent has, by order, directed the company to increase its capital and shares of the company are issued and acquired in accordance with such terms and conditions as may be specified in the order; or (b) a person, other than an eligible agent, who controls, within the meaning of paragraph 3(1)(a), the company acquires additional shares of the company. Pre-approval (2) For the purposes of subsections 375(1) and (2) and section 376, the Minister may approve (a) the purchase or other acquisition of such number or percentage of shares of a company as may be required in a particular transaction or series of transactions; or (b) the purchase or other acquisition of up to a specified number or percentage of shares of a company within a specified period. 1991, c. 45, s. 378; 2001, c. 9, s. 520; 2012, c. 31, s. 102. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 379-380 Public holding requirement 379 (1) Every company shall, from and after the day determined under this section in respect of that company, have, and continue to have, voting shares that carry at least 35 per cent of the voting rights attached to all of the outstanding voting shares of the company and that are (a) shares of one or more classes of shares that are listed and posted for trading on a recognized stock exchange in Canada; and (b) shares none of which is beneficially owned by a person who is a major shareholder of the company in respect of the voting shares of the company or by any entity that is controlled by a person who is a major shareholder of the company in respect of such shares. Determination of day (2) If the company has equity of two billion dollars or more on the day it comes into existence, the day referred to in subsection (1) is the day that is three years after that day and, in the case of any other company, the day referred to in subsection (1) is the day that is three years after the day of the first annual meeting of the shareholders of the company held after the equity of the company first reaches two billion dollars. Extension (3) If general market conditions so warrant and the Minister is satisfied that a company has used its best efforts to be in compliance with this section on the day determined under subsection (2), the Minister may specify a later day as the day from and after which the company must comply with subsection (1). 1991, c. 45, s. 379; 2001, c. 9, s. 521; 2007, c. 6, s. 356. Limit on assets 380 (1) Unless an exemption order with respect to the company is granted under section 382, if a company fails to comply with section 379 in any month, the Minister may, by order, require the company not to have, until it complies with that section, average total assets in any three month period ending on the last day of a subsequent month exceeding the company’s average total assets in the three month period ending on the last day of the month immediately before the month specified in the order. Average total assets (2) For the purposes of subsection (1), the average total assets of a company in a three month period shall be computed by adding the total assets of the company as calculated for the month end of each of the three months in the period and by dividing the sum by three. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 380-382.1 Definition of total assets (3) For the purposes of subsections (1) and (2), total assets, in respect of a company, has the meaning given that expression by the regulations. 1991, c. 45, s. 380; 2001, c. 9, s. 522. Increase of capital 381 Where the Superintendent has, by order, directed a company to increase its capital and shares of the company are issued and acquired in accordance with such terms and conditions as may be specified in the order, section 379 shall not apply in respect of the company until such time as the Superintendent may, by order, specify. Exemption by Minister 382 (1) On application by a company and subject to any terms that the Minister considers appropriate, the Minister may by order exempt the company from the requirements of section 379 if the Minister considers it appropriate to do so. Compliance with s. 379 (2) The company shall comply with section 379 as of the day on which the exemption order expires. Limit on assets (3) If a company fails to comply with section 379 on the day referred to in subsection (2), it shall not, until it complies with that section, have average total assets in any three month period ending on the last day of a subsequent month exceeding its average total assets in the three month period ending on the last day of the month immediately preceding the day referred to in subsection (2) or on any later day that the Minister may specify by order. Application of ss. 380(2) and (3) (4) Subsections 380(2) and (3) apply for the purposes of subsection (3). 1991, c. 45, s. 382, c. 47, s. 753; 2001, c. 9, s. 523; 2005, c. 54, s. 444. Continuation of exemption 382.1 (1) Despite subsection 382(2), if an exemption order that was granted in respect of a company under subsection 382(3) as it read before the day on which this section comes into force provides that it expires if the holding body corporate ceases to comply with section 379, the company is not required to comply with that section until six months after the day on which the holding body corporate ceased to comply with that section if the failure to comply is as a result of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 382.1-383 (a) a distribution to the public of voting shares of the holding body corporate; (b) a redemption or purchase of voting shares of the holding body corporate; (c) the exercise of any option to acquire voting shares of the holding body corporate; or (d) the conversion of any convertible securities into voting shares of the holding body corporate. Shares acquiring voting rights (2) Despite subsection 382(2), if as a result of an event that has occurred and is continuing shares of a holding body corporate referred to in subsection (1) acquire voting rights in such number as to cause the holding body corporate to no longer be in compliance with section 379, the company is not required to comply with that section until six months after the day on which the holding body corporate ceased to comply with that section or any later day that the Minister may by order specify. 2005, c. 54, s. 444. Exception 383 (1) Where a company fails to comply with section 379 as the result of (a) a distribution to the public of voting shares of the company, (b) a redemption or purchase of voting shares of the company, (c) the exercise of any option to acquire voting shares of the company, or (d) the conversion of any convertible securities into voting shares of the company, section 380 shall not apply in respect of that company until the expiration of six months after the day the company failed to comply with section 379. Shares acquiring voting rights (2) Where, as the result of an event that has occurred and is continuing, shares of a company acquire voting rights in such number as to cause the company to no longer be in compliance with section 379, section 380 shall not apply in respect of that company until the expiration of six months after the day the company ceased to be in compliance with section 379 or such later day as the Minister may, by order, specify. (3) and (4) [Repealed, 2005, c. 54, s. 445] 1991, c. 45, s. 383; 2005, c. 54, s. 445. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Sections 384-386 Acquisition of control permitted 384 (1) Subject to subsection (2) and sections 376 and 385, section 379 does not apply in respect of the company if a person acquires control of a company with equity of two billion dollars or more through the purchase or other acquisition of all or any number of the shares of the company by the person or by any entity controlled by the person. Undertaking required (2) Subsection (1) applies only if the person provides the Minister with an undertaking satisfactory to the Minister to do all things necessary so that, within three years after the acquisition, or any other period that the Minister may specify, the company has voting shares that carry at least 35 per cent of the voting rights attached to all of the outstanding voting shares of the company and that are (a) shares of one or more classes of shares that are listed and posted for trading on a recognized stock exchange in Canada; and (b) shares none of which is beneficially owned by a person who is a major shareholder of the company in respect of the voting shares of the company or by any entity that is controlled by a person who is a major shareholder of the company in respect of such shares. 1991, c. 45, s. 384; 2001, c. 9, s. 524; 2007, c. 6, s. 357. Application of section 379 385 At the expiration of the period for compliance with an undertaking referred to in subsection 384(2), section 379 shall apply in respect of the company to which the undertaking relates. 1991, c. 45, s. 385; 2001, c. 9, s. 524. Restriction on voting rights 386 (1) If, with respect to any company, a particular person contravenes section 375 or 375.1 or fails to comply with an undertaking referred to in subsection 384(2) or with any term or condition imposed under section 389, no person, and no entity controlled by the particular person, shall, in person or by proxy, exercise any voting rights (a) that are attached to shares of the company beneficially owned by the particular person or any entity controlled by the particular person; or (b) that are subject to an agreement entered into by the particular person, or any entity controlled by the particular person, pertaining to the exercise of the voting rights. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 386-388 Subsection (1) ceases to apply (2) Subsection (1) ceases to apply in respect of a person when, as the case may be, (a) the shares to which the contravention relates have been disposed of; (b) the person ceases to control the company within the meaning of paragraph 3(1)(d); (c) if the person failed to comply with an undertaking referred to in subsection 384(2), the company complies with section 379; or (d) if the person failed to comply with a term or condition imposed under section 389, the person complies with the term or condition. 1991, c. 45, s. 386; 1997, c. 15, s. 374; 2001, c. 9, s. 524. Approval Process Application for approval 387 (1) An application for an approval of the Minister required under this Part must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require. Applicant (2) If, with respect to any particular transaction, this Part applies to more than one person, any one of those persons may make the application to the Minister for approval on behalf of all of those persons. 1991, c. 45, s. 387; 2001, c. 9, s. 525. Matters for consideration 388 (1) Subject to subsection (2), if an application for an approval under section 375 is made, the Minister, in determining whether or not to approve the transaction, shall take into account all matters that the Minister considers relevant to the application, including (a) the nature and sufficiency of the financial resources of the applicant or applicants as a source of continuing financial support for the company; (b) the soundness and feasibility of the plans of the applicant or applicants for the future conduct and development of the business of the company; (c) the business record and experience of the applicant or applicants; (d) the character and integrity of the applicant or applicants or, if the applicant or any of the applicants is a body corporate, its reputation for being operated in a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 388-390 manner that is consistent with the standards of good character and integrity; (e) whether the company will be operated responsibly by persons with the competence and experience suitable for involvement in the operation of a financial institution; (f) the impact of any integration of the businesses and operations of the applicant or applicants with those of the company on the conduct of those businesses and operations; and (g) the best interests of the financial system in Canada. National treatment (2) Where a transaction in respect of which subsection 375(1) or (2) applies would cause a company to become a subsidiary of a foreign institution that is engaged in the trust and loan business, that does not have any other company as its subsidiary and that is a non-WTO Member foreign institution, the Minister shall not approve the transaction unless the Minister is satisfied that treatment as favourable for companies to which this Act applies exists or will be provided in the jurisdiction in which the foreign institution principally carries on business, either directly or through a subsidiary. Part XII of the Bank Act (3) Nothing in subsection (1) or (2) affects the operation of Part XII of the Bank Act. 1991, c. 45, s. 388; 1999, c. 28, s. 140; 2001, c. 9, s. 526. Terms and conditions 389 The Minister may impose any terms and conditions in respect of an approval given under this Part that the Minister considers necessary to ensure compliance with any provision of this Act. 1991, c. 45, s. 389; 2001, c. 9, s. 527. Certifying receipt of application 390 (1) If, in the opinion of the Superintendent, an application filed under this Part contains all the required information, the Superintendent shall without delay refer the application to the Minister and send a receipt to the applicant certifying the date on which the completed application was received by the Superintendent. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 390-391 Incomplete application (2) If, in the opinion of the Superintendent, an application filed under this Part is incomplete, the Superintendent shall send a notice to the applicant specifying the information required by the Superintendent to complete the application. 1991, c. 45, s. 390; 2001, c. 9, s. 528. Notice of decision to applicant 391 (1) Subject to subsections (2) and (3) and 392(1), the Minister shall, within a period of thirty days after the certified date referred to in subsection 390(1), send to the applicant (a) a notice approving the transaction to which the application relates; or (b) where the Minister is not satisfied that the transaction to which the application relates should be approved, a notice to that effect, advising the applicant of the right to make representations to the Minister in respect of the matter. Notice of decision (2) Subject to subsections (4) and 392(2), the notice referred to in paragraph (1)(a) or (b) shall be sent by the Minister within a period of 45 days after the certified date referred to in subsection 390(1) in the following cases: (a) the application involves the acquisition of control of a company; (b) the application is made by an eligible agent or an entity controlled by an eligible agent; or (c) an application is made for the approval referred to in subsection 396(3). Extension of period for notice (3) Where the Minister is unable to complete the consideration of an application within the period referred to in subsection (1), the Minister shall, (a) within that period, send a notice to that effect to the applicant; and (b) within a further period of thirty days after the date of the sending of the notice referred to in paragraph (a) or within such other further period as may be agreed on by the applicant and the Minister, send a notice referred to in paragraph (1)(a) or (b) to the applicant. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 391-394 Idem (4) Where the Minister considers it appropriate to do so, the Minister may extend the period referred to in subsection (2) for one or more periods of forty-five days. 1991, c. 45, s. 391; 2012, c. 31, s. 103. Reasonable opportunity to make representations 392 (1) Where, after receipt of the notice referred to in paragraph 391(1)(b), the applicant advises the Minister that the applicant wishes to make representations, the Minister shall provide the applicant with a reasonable opportunity within a period of thirty days after the date of the notice, or within such further period as may be agreed on by the applicant and the Minister, to make representations in respect of the matter. Reasonable opportunity to make representations (2) If, after receipt of the notice sent in accordance with subsection 391(2) that the Minister is not satisfied that the transaction to which the application relates should be approved, the applicant advises the Minister that the applicant wishes to make representations, the Minister shall provide the applicant with a reasonable opportunity within a period of 45 days after the date of the notice, or within any further period that may be agreed on by the applicant and the Minister, to make representations in respect of the matter. 1991, c. 45, s. 392; 2012, c. 31, s. 104(E). Notice of decision 393 (1) Within a period of thirty days after the expiration of the period for making representations referred to in subsection 392(1), the Minister shall, in the light of any such representations and having regard to the matters to be taken into account, send a notice to the applicant indicating whether or not the Minister approves the share transaction to which the application relates. Idem (2) Within a period of forty-five days after the expiration of the period for making representations referred to in subsection 392(2), the Minister shall, in the light of any such representations and having regard to the matters to be taken into account, send a notice to the applicant indicating whether or not the Minister approves the share transaction to which the application relates. Deemed approval 394 Where the Minister does not send a notice under subsection 391(1) or (3) or 393(1) within the period provided for in those subsections, the Minister is deemed to have approved the share transaction to which the application relates. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 394.1 and 395-396 394.1 and 395 [Repealed, 1994, c. 47, s. 207] Constraining registration: Crown and foreign governments 396 (1) No company shall record in its securities register a transfer or issue of any share of the company to (a) Her Majesty in right of Canada or of a province or any agent or agency of Her Majesty in either of those rights; or (b) the government of a foreign country or any political subdivision thereof, or any agent or agency thereof. Exception (2) Despite subsection (1), a company may record in its securities register a transfer or issue of any share of the company to a foreign institution that is controlled by the government of a foreign country or any political subdivision of a foreign country, or by any agent or agency of a foreign government, if the share that is transferred or issued is beneficially owned by the foreign institution or by an entity controlled by the foreign institution. Exception (3) Despite subsection (1), a company may, with the Minister’s approval, record in its securities register the issue of any share of the company to an eligible agent. Application made jointly (4) The application for the approval referred to in subsection (3) must be made jointly by the company and the eligible agent. Matters for consideration (5) The Minister, in determining whether to grant the approval referred to in subsection (3), shall take into account all matters that he or she considers relevant, including those set out in paragraphs 388(1)(a) to (g). Consequence of revocation of approval (6) If an approval referred to in subsection (3) is revoked, the company shall delete any entry in its securities register in respect of the recording of the issuance of shares to the eligible agent. Disposition of shareholdings (7) If a company or an eligible agent fails to comply with any undertaking or term or condition in relation to an approval referred to in subsection (3), or if an eligible agent ceases to be an eligible agent, the Minister may, if the Minister considers it to be in the public interest to do Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 396-399 so, by order, direct the eligible agent or former eligible agent and any person controlled by the eligible agent or former eligible agent to dispose of any number of shares of the company beneficially owned by the eligible agent or former eligible agent or the persons controlled by the eligible agent or former eligible agent that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the eligible agent or former eligible agent and the persons controlled by the eligible agent or former eligible agent that is specified in the order. Representations (8) No direction shall be made under subsection (7) unless the Minister has provided each person to whom the direction relates and the company concerned with a reasonable opportunity to make representations in respect of the subject-matter of the direction. Appeal (9) Any person with respect to whom a direction has been made under subsection (7) may, within 30 days after the date of the direction, appeal the matter in accordance with section 530. 1991, c. 45, s. 396; 2012, c. 5, s. 165, c. 19, s. 328, c. 31, s. 105. 397 and 398 [Repealed, 1994, c. 47, s. 208] 399 (1) [Repealed, 1994, c. 47, s. 209] Suspension of voting rights held by governments (2) Notwithstanding section 151, where any voting shares of a company are beneficially owned by (a) Her Majesty in right of Canada or of a province or any agency of Her Majesty in either of those rights, or (b) the government of a foreign country or any political subdivision thereof, or any agency thereof, no person shall, in person or by proxy, exercise the voting rights attached to those shares. Exception (2.1) Subsection (2) does not apply to a foreign institution that is controlled by the government of a foreign country or any political subdivision of a foreign country, or by any agent or agency of a foreign government, if the shares referred to in subsection (1) are beneficially owned by the foreign institution or by an entity controlled by the foreign institution. Transitional (3) Subsection (2) does not apply in respect of a government or agency referred to in that subsection that, on Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION II Constraints on Ownership Approval Process Sections 399-401 September 27, 1990, beneficially owned shares of a former-Act company where the exercise of the voting rights attached to those shares was not prohibited under subsection 41(2) of the Trust Companies Act or subsection 48(2) of the Loan Companies Act, as those subsections read immediately prior to June 1, 1992. Transitional (4) Subsection (3) ceases to apply where a government or agency referred to in that subsection acquires beneficial ownership of any additional voting shares of the formerAct company in such number that the percentage of the voting rights attached to all of the voting shares of the former-Act company beneficially owned by the government or agency is greater than the percentage of the voting rights attached to all of the voting shares of the former-Act company that were beneficially owned by the government or agency on September 27, 1990. Exception — eligible agent (5) Subsection (2) does not apply in respect of the exercise of voting rights attached to any share referred to in subsection 396(3). Consequence of suspension of approval (6) If an approval referred to in subsection 396(3) is suspended, the eligible agent shall not exercise, in person or by proxy, any voting rights attached to any share of the company that is beneficially owned by the eligible agent. 1991, c. 45, s. 399; 1994, c. 47, s. 209; 2012, c. 5, s. 166, c. 19, s. 329, c. 31, s. 106. 400 and 400.1 [Repealed, 1994, c. 47, s. 210] DIVISION III Directions Disposition of shareholdings 401 (1) If, with respect to any company, a person contravenes section 375 or 375.1 or fails to comply with an undertaking referred to in subsection 384(2) or with any terms and conditions imposed under section 389, the Minister may, if the Minister deems it in the public interest to do so, by order, direct that person and any person controlled by that person to dispose of any number of shares of the company beneficially owned by any of those persons that the Minister specifies in the order, within the time specified in the order and in the proportion, if any, as between the person and the persons controlled by that person that is specified in the order. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION III Directions General Provisions Sections 401-404 Representations (2) No direction shall be made under subsection (1) unless the Minister has provided each person to whom the direction relates and the company concerned with a reasonable opportunity to make representations in respect of the subject-matter of the direction. Appeal (3) Any person with respect to whom a direction has been made under subsection (1) may, within thirty days after the date of the direction, appeal the matter in accordance with section 530. (4) [Repealed, 2001, c. 9, s. 529] 1991, c. 45, s. 401; 1996, c. 6, s. 119; 2001, c. 9, s. 529. Application to court 402 (1) If a person fails to comply with a direction made under subsection 396(7) or 401(1), an application on behalf of the Minister may be made to a court for an order to enforce the direction. Court order (2) A court may, on an application under subsection (1), make such order as the circumstances require to give effect to the terms of the direction and may, without limiting the generality of the foregoing, require the company concerned to sell the shares that are the subject-matter of the direction. Appeal (3) An appeal from an order of a court under this section lies in the same manner as, and to the same court to which, an appeal may be taken from any other order of the court. 1991, c. 45, s. 402; 2012, c. 31, s. 107. General Provisions Interest of securities underwriter 403 This Part does not apply to a securities underwriter in respect of shares of a body corporate or ownership interests in an unincorporated entity that are acquired by the underwriter in the course of a distribution to the public of those shares or ownership interests and that are held by the underwriter for a period of not more than six months. Arrangements to effect compliance 404 (1) The directors of a company may make such arrangements as they deem necessary to carry out the intent of this Part and, in particular, but without limiting the generality of the foregoing, may Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION III Directions General Provisions Sections 404-405 (a) require any person in whose name a share of the company is held to submit a declaration setting out (i) the beneficial ownership of the share, and (ii) such other information as the directors deem relevant for the purposes of this Part; (b) require any person who wishes to have a transfer of a share registered in the name of, or to have a share issued to, that person to submit a declaration referred to in paragraph (a) as though the person were the holder of that share; and (c) determine the circumstances in which a declaration referred to in paragraph (a) is to be required, the form of the declaration and the times at which it is to be submitted. Order of Superintendent (2) The Superintendent may, by order, direct a company to obtain from any person in whose name a share of the company is held a declaration setting out the name of every entity controlled by that person and containing information concerning (a) the ownership or beneficial ownership of the share; and (b) such other related matters as are specified by the Superintendent. Compliance required (3) As soon as possible after receipt by a company of a direction under subsection (2), (a) the company shall comply with the direction; and (b) every person who is requested by the company to provide a declaration containing information referred to in subsection (1) or (2) shall comply with the request. Outstanding declaration: effect (4) Where, pursuant to this section, a declaration is required to be submitted by a shareholder or other person in respect of the issue or transfer of any share, a company may refuse to issue the share or register the transfer unless the required declaration is submitted. Reliance on information 405 A company and any person who is a director or an officer, employee or agent of the company may rely on any information contained in a declaration required by the directors pursuant to section 404 or on any Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VII Ownership DIVISION III Directions General Provisions Sections 405-409 information otherwise acquired in respect of any matter that might be the subject of such a declaration, and no action lies against the company or any such person for anything done or omitted to be done in good faith in reliance on any such information. 406 [Repealed, 1994, c. 47, s. 211] Exemption regulations 407 The Governor in Council may, by regulation, exempt from any of the provisions of this Part any share transaction or any class of share transactions involving the transfer of shares on the death of the beneficial owner thereof, or any arrangement made in contemplation of the death of the beneficial owner, to one or more members of the beneficial owner’s family, or to one or more trustees on their behalf. Competition Act 408 Nothing in, or done under the authority of, this Act affects the operation of the Competition Act. PART VIII Business and Powers General Business Main business 409 (1) Subject to this Act, a company shall not engage in or carry on any business other than such business generally as appertains to the business of providing financial services. Idem (2) For greater certainty, a company may (a) subject to section 412, act as a trustee; (b) act as a financial agent, receiver, liquidator or sequestrator; (c) provide investment counselling services and portfolio management services; and (d) issue payment, credit or charge cards and, in cooperation with others including other financial institutions, operate a payment, credit or charge card plan. 1991, c. 45, s. 409; 2009, c. 2, s. 289(F). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Section 410 Additional activities 410 (1) In addition, a company may (a) act as an agent for vendors, purchasers, mortgagors, mortgagees, lessors or lessees of real property and provide consulting or appraisal services in respect of real property; (b) hold, manage and otherwise deal with real property; (c) outside Canada, or with the prior written approval of the Minister, in Canada, engage in any of the following activities, namely, (i) collecting, manipulating and transmitting (A) information that is primarily financial or economic in nature, (B) information that relates to the business of a permitted entity, as defined in subsection 449(1), or (C) any other information that the Minister may, by order, specify, (ii) providing advisory or other services in the design, development or implementation of information management systems, (iii) designing, developing or marketing computer software, and (iv) designing, developing, manufacturing or selling, as an ancillary activity to any activity referred to in any of subparagraphs (i) to (iii) that the company is engaging in, computer equipment integral to the provision of information services related to the business of financial institutions or to the provision of financial services; (c.1) with the prior written approval of the Minister, develop, design, hold, manage, manufacture, sell or otherwise deal with data transmission systems, information sites, communication devices or information platforms or portals that are used (i) to provide information that is primarily financial or economic in nature, (ii) to provide information that relates to the business of a permitted entity, as defined in subsection 449(1), or (iii) for a prescribed purpose or in prescribed circumstances; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Section 410 (d) in Canada, engage in such activities referred to in paragraph (c) that the company was engaged in prior to June 1, 1992; (d.1) engage, under prescribed terms and conditions, if any are prescribed, in specialized business management or advisory services; (e) promote merchandise and services to the holders of any payment, credit or charge card issued by the company; (f) engage in the sale of (i) tickets, including lottery tickets, on a non-profit public service basis in connection with special, temporary and infrequent non-commercial celebrations or projects that are of local, municipal, provincial or national interest, (ii) urban transit tickets, and (iii) tickets in respect of a lottery sponsored by the federal government or a provincial or municipal government or an agency of any such government or governments; (g) act as a custodian of property; and (h) provide identification, authentication or verification services. Restriction (2) Except as authorized by or under this Act, a company shall not deal in goods, wares or merchandise or engage in any trade or other business. Regulations (3) The Governor in Council may make regulations (a) respecting what a company may or may not do with respect to the carrying on of the activities referred to in paragraphs (1)(c), (c.1) and (d.1); (b) imposing terms and conditions in respect of the provision of the services referred to in paragraphs (1)(a) and 409(2)(c) and the carrying on of the activities referred to in paragraphs (1)(c), (c.1) and (d.1); and (c) respecting the circumstances in which companies may be exempted from the requirement to obtain the approval of the Minister before carrying on a particular activity referred to in paragraph (1)(c) or (c.1). 1991, c. 45, s. 410; 1993, c. 34, s. 126(F); 1997, c. 15, s. 375; 2001, c. 9, s. 530; 2018, c. 12, s. 310. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 411-413 Networking 411 Subject to section 416, a company may (a) act as agent for any person in respect of the provision of any service that is provided by a financial institution, a permitted entity as defined in subsection 449(1) or a prescribed entity and may enter into an arrangement with any person in respect of the provision of that service; or (b) refer any person to any such financial institution or entity. 1991, c. 45, s. 411; 2001, c. 9, s. 531. Restriction on fiduciary activities 412 No company, other than a company that is a trust company pursuant to subsection 57(2), shall act in Canada as (a) an executor, administrator or official guardian or a guardian, tutor, curator, judicial adviser or committee of a mentally incompetent person; or (b) a trustee for a trust. Restriction on deposit taking 413 (1) A company shall not accept deposits in Canada unless (a) it is a member institution, as defined in section 2 of the Canada Deposit Insurance Corporation Act; (b) it has been authorized under subsection 26.03(1) of that Act to accept deposits without being a member institution, as defined in section 2 of that Act; or (c) the order approving the commencement and carrying on of business in Canada by the company authorizes it to accept deposits solely in accordance with subsection (2). Deposits that fall below $150,000 (2) A company referred to in paragraph (1)(b) or (c) shall ensure that, on each day that is at least 30 days after the company receives the authorization referred to in that paragraph, A/B ≤ 0.01 where A is the sum of all amounts each of which is the sum of all the deposits held by the company at the end of a day in the preceding 30 days each of which deposits is less than $150,000 and payable in Canada; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 413-413.1 B is the sum of all amounts each of which is the sum of all deposits held by the company at the end of a day in those preceding 30 days and payable in Canada. Exchange rate (3) For the purpose of subsection (2), the rate of exchange to be applied on any day in determining the amount in Canadian dollars of a deposit in a currency of a country other than Canada is to be determined in accordance with rules prescribed under subsection 26.03(2) of the Canada Deposit Insurance Corporation Act. Definition of deposit (4) For the purpose of subsection (2), deposit has the meaning that would be given to that term by the schedule to the Canada Deposit Insurance Corporation Act for the purposes of deposit insurance if that schedule were read without reference to subsections 2(2), (5) and (6) of that schedule, but does not include prescribed deposits. Regulations (5) The Governor in Council may make regulations (a) prescribing the deposits referred to in subsection (4); and (b) prescribing terms and conditions with respect to the acceptance of those deposits. 1991, c. 45, s. 413; 2007, c. 6, s. 358. Notice before opening account or providing prescribed product 413.1 (1) Before a company referred to in paragraph 413(1)(b) or (c) opens a deposit account in Canada or provides in Canada any prescribed product that relates to a deposit, the company shall, in the prescribed manner, give the person requesting the opening of the account or the provision of the product (a) a notice in writing that deposits to the deposit account, or that the deposit that relates to the prescribed product, as the case may be, will not be insured by the Canada Deposit Insurance Corporation or, if the request is made by telephone, a verbal notice to that effect; and (b) any other information that may be prescribed. Other notice (2) A company referred to in paragraph 413(1)(b) or (c) shall, in accordance with any regulations that may be made, (a) post notices at all of its branches, and at prescribed points of service, in Canada where deposits are Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 413.1-413.3 accepted, and on all of its websites at which deposits are accepted in Canada, to inform the public that deposits with the company are not insured by the Canada Deposit Insurance Corporation; and (b) include in its advertisements notices to inform the public that deposits with the company are not insured by the Canada Deposit Insurance Corporation. Regulations (3) The Governor in Council may make regulations (a) prescribing the manner in which notices referred to in subsection (1) are to be given and the additional information to be contained in the notices; and (b) respecting notices for the purpose of subsection (2). 2007, c. 6, s. 358. Deposits less than $150,000 413.2 (1) Subject to the regulations, a company referred to in paragraph 413(1)(b) or (c) may not, in respect of its business in Canada, act as agent for any person in the taking of a deposit that is less than $150,000 and payable in Canada. Definition of deposit (2) In this section, deposit has the meaning assigned by subsection 413(4). Regulations (3) The Governor in Council may make regulations respecting the circumstances in which, and the conditions under which, a company referred to in subsection (1) may act as agent for any person in the taking of a deposit that is less than $150,000 and payable in Canada. 2007, c. 6, s. 358. Shared premises 413.3 (1) Subject to the regulations, no company referred to in paragraph 413(1)(b) or (c) shall carry on business in Canada on premises that are shared with those of a member institution, within the meaning of section 2 of the Canada Deposit Insurance Corporation Act, that is affiliated with the company. Limitation (2) Subsection (1) only applies in respect of premises or any portion of premises on which both the company and the member institution carry on business with the public and to which the public has access. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 413.3-414 Adjacent premises (3) Subject to the regulations, no company referred to in paragraph 413(1)(b) or (c) shall carry on business in Canada on premises that are adjacent to a branch or office of a member institution, within the meaning of section 2 of the Canada Deposit Insurance Corporation Act, that is affiliated with the company, unless the company clearly indicates to its customers that its business and the premises on which it is carried on are separate and distinct from the business and premises of the affiliated member institution. Regulations (4) The Governor in Council may make regulations (a) respecting the circumstances in which, and the conditions under which, a company referred to in paragraph 413(1)(b) or (c) may carry on business in Canada on premises that are shared with those of a member institution referred to in subsection (1); and (b) respecting the circumstances in which, and the conditions under which, a company referred to in paragraph 413(1)(b) or (c) may carry on business in Canada on premises that are adjacent to a branch or office of a member institution referred to in subsection (3). 2007, c. 6, s. 358. Restriction on guarantees 414 (1) A company shall not guarantee on behalf of any person the payment or repayment of any sum of money unless (a) the sum of money is a fixed sum of money with or without interest thereon; and (b) the person on whose behalf the company has undertaken to guarantee the payment or repayment has an unqualified obligation to reimburse the company for the full amount of the payment or repayment to be guaranteed. Exception (2) Paragraph (1)(a) does not apply where the person on whose behalf the company has undertaken to guarantee a payment or repayment is a subsidiary of the company. Idem (3) Notwithstanding subsection (1), a company may guarantee repayment of the principal or payment of the interest, or both, of any moneys entrusted to the company for investment, on such terms and conditions as are agreed on. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 414-416 Regulations (4) The Governor in Council may make regulations imposing terms and conditions in respect of guarantees permitted by this section. 1991, c. 45, s. 414; 1997, c. 15, s. 376; 2001, c. 9, s. 532. Restriction on securities activities 415 A company shall not deal in Canada in securities to the extent prohibited or restricted by such regulations as the Governor in Council may make for the purposes of this section. Prohibition 415.1 (1) It is prohibited for a company to issue a debt obligation in relation to which the amounts of principal and interest owing are guaranteed to be paid from loans or other assets held by an entity that is created and organized for the principal purpose of holding those loans or other assets and with the intention of legally isolating those loans or other assets from the company, unless (a) the debt obligation is a covered bond as defined in section 21.5 of the National Housing Act; (b) the company is a registered issuer as defined in section 21.5 of that Act other than one whose right to issue covered bonds has been suspended; and (c) the debt obligation is issued under a registered program as defined in section 21.5 of that Act. Exception (2) The Governor in Council may make regulations exempting any type of debt obligation from the application of subsection (1). 2012, c. 19, s. 361. Restriction on insurance business 416 (1) A company shall not undertake the business of insurance except to the extent permitted by this Act or the regulations. Restriction on acting as agent (2) A company shall not act in Canada as agent for any person in the placing of insurance and shall not lease or provide space in any branch in Canada of the company to any person engaged in the placing of insurance. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 416-418 Regulations (3) The Governor in Council may make regulations respecting the matters referred to in subsection (1) and regulations respecting relations between companies and (a) entities that undertake the business of insurance; or (b) insurance agents or insurance brokers. Saving (4) Nothing in this section precludes a company from (a) requiring insurance to be placed by a borrower for the security of the company; or (b) obtaining group insurance for its employees or the employees of any bodies corporate in which it has a substantial investment pursuant to section 453. No pressure (5) No company shall exercise pressure on a borrower to place insurance for the security of the company in any particular insurance company, but a company may require that an insurance company chosen by a borrower meet with its approval, which shall not be unreasonably withheld. Definition of business of insurance (6) In this section, business of insurance includes (a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and (b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments. 1991, c. 45, s. 416; 2012, c. 19, s. 205. Restriction on leasing 417 A company shall not engage in Canada in any personal property leasing activity in which a financial leasing entity, within the meaning of subsection 449(1), is not permitted to engage. 1991, c. 45, s. 417; 2001, c. 9, s. 533. Restriction on residential mortgages 418 (1) A company shall not make a loan in Canada on the security of residential property in Canada for the purpose of purchasing, renovating or improving that property, or refinance such a loan, if the amount of the loan, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 418-418.1 together with the amount then outstanding of any mortgage having an equal or prior claim against the property, would exceed 80 per cent of the value of the property at the time of the loan. Exception (2) Subsection (1) does not apply in respect of (a) a loan made or guaranteed under the National Housing Act or any other Act of Parliament by or pursuant to which a different limit on the value of property on the security of which the company may make a loan is established; (b) a loan if repayment of the amount of the loan that exceeds the maximum amount set out in subsection (1) is guaranteed or insured by a government agency or a private insurer approved by the Superintendent; (c) the acquisition by the company from an entity of securities issued or guaranteed by the entity that are secured on any residential property, whether in favour of a trustee or otherwise, or the making of a loan by the company to the entity against the issue of such securities; or (d) a loan secured by a mortgage where (i) the mortgage is taken back by the company on a property disposed of by the company, including where the disposition is by way of a realization of a security interest, and (ii) the mortgage secures payment of an amount payable to the company for the property. 1991, c. 45, s. 418; 1997, c. 15, s. 377; 2007, c. 6, s. 359. Restriction on charges to borrowers 418.1 (1) Subject to any regulations made under subsection (2), a company that has obtained insurance or a guarantee against default on a loan made in Canada on the security of residential property shall not charge a borrower an amount for the insurance or guarantee that exceeds the actual cost to the company of the insurance or guarantee. Regulations (2) The Governor in Council may make regulations (a) respecting the determination of the actual cost to a company for the purposes of subsection (1); (b) respecting the circumstances in which a company is exempt from the application of subsection (1); Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Sections 418.1-419 (c) respecting, in relation to insurance or a guarantee against default on a loan made by a company in Canada on the security of residential property, (i) the arrangements into which the company, its representatives and its employees may or may not enter, and (ii) the payments or benefits that the company, its representatives and its employees may or may not accept from an insurer or the insurer’s affiliates; and (d) respecting any other matters necessary to carry out the purposes of subsection (1). Regulations — disclosure (3) The Governor in Council may make regulations respecting the disclosure by a company of information relating to insurance or a guarantee against default on a loan made by the company in Canada on the security of residential property, including regulations respecting (a) the information that must be disclosed, including information relating to (i) the person who benefits from the insurance or guarantee, (ii) the arrangements between the company, its representatives or its employees and the insurer or the insurer’s affiliates, and (iii) the payments and benefits that the company, its representatives and its employees accept from an insurer or the insurer’s affiliates; (b) the time and place at which, the form and manner in which and the persons to whom information is to be disclosed; and (c) the circumstances under which a company is not required to disclose information. 2009, c. 2, s. 290; 2012, c. 5, s. 167(E). Policies re security interests 419 (1) The directors of a company shall establish and the company shall adhere to policies regarding the creation of security interests in property of the company to secure obligations of the company and the acquisition by the company of beneficial interests in property that is subject to security interests. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Fiduciary Activities Sections 419-422 Order to amend policies (2) The Superintendent may, by order, direct a company to amend its policies as specified in the order. Compliance (3) A company shall comply with an order made under subsection (2) within the time specified in the order. 1991, c. 45, s. 419; 1999, c. 31, s. 219(E); 2001, c. 9, s. 534; 2007, c. 6, s. 360(F). Regulations and guidelines 419.1 The Governor in Council may make regulations and the Superintendent may make guidelines respecting the creation by a company of security interests in its property to secure obligations of the company and the acquisition by the company of beneficial interests in property that is subject to security interests. 2001, c. 9, s. 534. Exception 419.2 Sections 419 and 419.1 do not apply in respect of a security interest created by a company to secure an obligation of the company to the Bank of Canada or the Canada Deposit Insurance Corporation. 2001, c. 9, s. 534. Restriction on receivers 420 A company shall not grant to a person the right to appoint a receiver or a receiver and manager of the property or business of the company. Restriction on partnerships 421 (1) Except with the approval of the Superintendent, a company may not be a general partner in a limited partnership or a partner in a general partnership. Meaning of general partnership (2) For the purposes of subsection (1), general partnership means any partnership other than a limited partnership. 1991, c. 45, s. 421; 2001, c. 9, s. 535. Fiduciary Activities Separate and distinct 422 (1) A company shall keep money and other assets acquired or held in trust by the company separate and distinct from its own assets and shall keep a separate account for each trust. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Fiduciary Activities Sections 422-423 Common trust fund (2) Unless the instrument creating a trust otherwise provides, a company may invest money it holds in trust in one or more common trust funds. Deposit Acceptance Deposit acceptance 423 (1) A company may, without the intervention of any other person, (a) accept a deposit from any person whether or not the person is qualified by law to enter into contracts; and (b) pay all or part of the principal of the deposit and all or part of the interest thereon to or to the order of that person. Exception (2) Paragraph (1)(b) does not apply if, before payment, the money deposited in the company pursuant to paragraph (1)(a) is claimed by some other person (a) in any action or proceeding to which the company is a party and in respect of which service of a writ or other process originating that action or proceeding has been made on the company, or (b) in any other action or proceeding pursuant to which an injunction or order made by the court requiring the company not to make payment of that money or make payment thereof to some person other than the depositor has been served on the company, and, in the case of any such claim so made, the money so deposited may be paid to the depositor with the consent of the claimant or to the claimant with the consent of the depositor. Guaranteed trust money (3) A company that is a trust company pursuant to subsection 57(2) shall accept deposits only as guaranteed trust money. Profit (4) Notwithstanding subsection (3), a company that is a trust company pursuant to subsection 57(2) that accepts deposits may retain the interest and profit resulting from the investment thereof in excess of the amount of interest payable to its depositors in respect thereof. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Deposit Acceptance Sections 423-424 Assets to be identified (5) Where a company that is a trust company pursuant to subsection 57(2) accepts deposits, the company shall identify on its books assets to be held in respect thereof equal to the aggregate amount of the deposits. Execution of trust (6) A company is not bound to see to the execution of any trust to which any deposit made under the authority of this Act is subject, other than a trust of which the company is a trustee. Payment when company has notice of trust (7) Subsection (6) applies regardless of whether the trust is express or arises by the operation of law, and it applies even when the company has notice of the trust if it acts on the order of or under the authority of the holder or holders of the account into which the deposit is made. 1991, c. 45, s. 423; 2001, c. 9, s. 536. Unclaimed Balances Unclaimed balances 424 (1) Where (a) a deposit has been made in Canada that is payable in Canada in Canadian currency and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of ten years (i) in the case of a deposit made for a fixed period, from the day on which the fixed period terminated, and (ii) in the case of any other deposit, from the day on which the last transaction took place or a statement of account was last requested or acknowledged by the creditor, whichever is later, or (b) a cheque, draft or bill of exchange (including any such instrument drawn by one branch of a company on another branch of the company but not including such an instrument issued in payment of a dividend on the capital of a company) payable in Canada in Canadian currency has been issued, certified or accepted by a company in Canada and no payment has been made in respect thereof for a period of ten years after the date of issue, certification, acceptance or maturity, whichever is later, the company shall pay to the Bank of Canada not later than December 31 in each year an amount equal to the principal amount of the deposit or instrument, plus interest, if any, calculated in accordance with the terms of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Unclaimed Balances Section 424 the deposit or instrument, and payment accordingly discharges the company from all liability in respect of the deposit or instrument. Provision of information (2) A company shall, on making a payment under subsection (1), provide the Bank of Canada, for each deposit or instrument in respect of which the payment is made, with the following information current as of the day the payment is made, in so far as it is known to the company: (a) in the case of a deposit, (i) the name of the depositor in whose name the deposit is held, (ii) the recorded address of the depositor, (iii) the outstanding amount of the deposit, and (iv) the branch of the company at which the last transaction took place in respect of the deposit, and the date of that last transaction; and (b) in the case of an instrument, (i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, (ii) the recorded address of that person, (iii) the name of the payee of the instrument, (iv) the amount and date of the instrument, (v) the name of the place where the instrument was payable, and (vi) the branch of the company at which the instrument was issued, certified or accepted. Copies of signature cards and signing authorities (2.1) A company shall, on written request by the Bank of Canada, provide the Bank of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada. Payment to claimant (3) Subject to section 22 of the Bank of Canada Act, where payment has been made to the Bank of Canada under subsection (1) in respect of any deposit or instrument, and if payment is demanded or the instrument is Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Unclaimed Balances Sections 424-425 presented at the Bank of Canada by the person who, but for that section, would be entitled to receive payment of the deposit or instrument, the Bank of Canada is liable to pay, at its agency in the province in which the deposit or instrument was payable, an amount equal to the amount so paid to it together with interest, if interest was payable under the terms of the deposit or instrument, (a) for a period not exceeding ten years from the day on which the payment was received by the Bank of Canada until the date of payment to the claimant; and (b) at such rate and computed in such manner as the Minister determines. Enforcing liability (4) The liability of the Bank of Canada under subsection (3) may be enforced by action against the Bank of Canada in the court in the province in which the deposit or instrument was payable. Application of subsection (1) (5) Subsection (1) applies only in respect of deposits made, and cheques, drafts and bills of exchange issued, certified or accepted after May 31, 1990. Application (6) This section shall not apply until the day that is eight years after the day on which this section comes into force. 1991, c. 45, s. 424; 1993, c. 34, s. 127; 2007, c. 6, s. 361. Notice of unpaid amount 425 (1) A company shall mail to each person, in so far as is known to the company, (a) to whom a deposit referred to in paragraph 424(1)(a) is payable, or (b) to whom or at whose request an instrument referred to in paragraph 424(1)(b) was issued, certified or accepted, at the person’s recorded address, a notice stating that the deposit or instrument remains unpaid. When notice to be given (2) A notice required by subsection (1) shall be given during the month of January next following the end of the first two year period, and also during the month of January next following the end of the first five year period, (a) in the case of a deposit made for a fixed period, after the fixed period has terminated; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Unclaimed Balances Sections 425-426 (b) in the case of any other deposit, in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor; and (c) in the case of a cheque, draft or bill of exchange, in respect of which the instrument has remained unpaid. When notice to be sent (3) The notice must be sent during the month of January next following the end of the first two-year period, during the month of January next following the end of the first five-year period and also during the month of January next following the end of the first nine-year period (a) [Repealed before coming into force, 2008, c. 20, s. 3] (b) in the case of any other deposit, in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor; and (c) [Repealed before coming into force, 2008, c. 20, s. 3] 1991, c. 45, s. 425; 2007, c. 6, s. 362; 2008, c. 20, s. 3. Accounts Definitions 425.1 The following definitions apply in this section and in sections 431 to 434, 444.1 and 444.3. member company means a company that is a member institution as defined in section 2 of the Canada Deposit Insurance Corporation Act. (société membre) personal deposit account means a deposit account in the name of one or more natural persons that is kept by that person or those persons for a purpose other than that of carrying on business. (compte de dépôt personnel) retail deposit account means a personal deposit account that is opened with a deposit of less than $150,000 or any greater amount that may be prescribed. (compte de dépôt de détail) 2001, c. 9, s. 538. Account charges 426 A company shall not, directly or indirectly, charge or receive any sum for the keeping of an account unless the charge is made by express agreement between the company and a customer or by order of a court. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Accounts Sections 427-431 Disclosure on opening account 427 (1) A company shall not, after the day that is six months after the coming into force of this Part, open or maintain an interest-bearing deposit account in Canada in the name of any natural person unless the company discloses, in accordance with the regulations, to the person who requests the company to open the account, the rate of interest applicable to the account and how the amount of interest to be paid is to be calculated. Exception (2) Subsection (1) does not apply in respect of an interest-bearing deposit account that is opened with a deposit in excess of $150,000 or any greater amount that may be prescribed. 1991, c. 45, s. 427; 2001, c. 9, s. 539. Disclosure in advertisements 428 No person shall authorize the publication, issue or appearance of any advertisement in Canada that indicates the rate of interest offered by a company on an interest-bearing deposit or a debt obligation unless the advertisement discloses, in accordance with the regulations, how the amount of interest is to be calculated. Disclosure regulations 429 The Governor in Council may make regulations respecting (a) the time and place at which and the form and manner in which disclosure is to be made by a company of (i) interest rates applicable to debts of the company and deposits with the company, and (ii) the manner in which the amount of interest paid is to be calculated; (b) the manner in which any charges for the keeping of an account are to be disclosed by a company to its customers and when the disclosure is to be made; and (c) such other matters or things as may be necessary to carry out the requirements of sections 426 to 428. 1991, c. 45, s. 429; 2012, c. 5, s. 168. 430 [Repealed, 2001, c. 9, s. 540] Disclosure required on opening a deposit account 431 (1) Subject to subsections (2) to (4), a company shall not open a deposit account in the name of a customer unless, at or before the time the account is opened, the company provides in writing to the individual who requests the opening of the account Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Accounts Section 431 (a) a copy of the account agreement with the company; (b) information about all charges applicable to the account; (c) information about how the customer will be notified of any increase in those charges and of any new charges applicable to the account; (d) information about the company’s procedures relating to complaints about the application of any charge applicable to the account; and (e) such other information as may be prescribed. Exception (2) If a deposit account is not a personal deposit account and the amount of a charge applicable to the account cannot be established at or before the time the account is opened, the company shall, as soon as is practicable after the amount is established, provide the customer in whose name the account is kept with a notice in writing of the amount of the charge. Exception (3) If a company has a deposit account in the name of a customer and the customer by telephone requests the opening of another deposit account in the name of the customer and the company has not complied with subsection (1) in respect of the opening of that other account, the company shall not open the account unless it provides the customer orally with any information prescribed at or before the time the account is opened. Disclosure in writing (4) If a company opens an account under subsection (3), it shall, not later than seven business days after the account is opened, provide to the customer in writing the agreement and information referred to in subsection (1). Right to close account (5) A customer may, within 14 business days after a deposit account is opened under subsection (3), close the account without charge and in such 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. Regulations (6) For the purposes of subsection (4), the Governor in Council may make regulations prescribing circumstances Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Accounts Sections 431-434.1 in which, and the time when, the agreement and information will be deemed to have been provided to the customer. 1991, c. 45, s. 431; 1997, c. 15, s. 378; 2001, c. 9, s. 541. Disclosure of charges 432 A company shall disclose to its customers and to the public, at the prescribed time and place and in the prescribed form and manner, the charges applicable to deposit accounts with the company and the usual amount, if any, charged by the company for services normally provided by the company to its customers and to the public. 1991, c. 45, s. 432; 2012, c. 5, s. 169. No increase or new charges without disclosure 433 (1) A company shall not increase any charge applicable to a personal deposit account with the company or introduce any new charge applicable to a personal deposit account with the company unless the company discloses the charge at the prescribed time and place and in the prescribed form and manner to the customer in whose name the account is kept. Mandatory disclosure (2) With respect to prescribed services in relation to deposit accounts, other than personal deposit accounts, a company shall not increase any charge for any such service in relation to a deposit account with the company or introduce any new charge for any such service in relation to a deposit account with the company unless the company discloses the charge at the prescribed time and place and in the prescribed form and manner to the customer in whose name the account is kept. 1991, c. 45, s. 433; 2012, c. 5, s. 169. Application 434 Sections 431 to 433 apply only in respect of charges applicable to deposit accounts with the company in Canada and services provided by the company in Canada. 1991, c. 45, s. 434; 2001, c. 9, s. 542. Registered Products Disclosure required concerning registered products 434.1 (1) Subject to subsection (2), a company shall not open an account that is or forms part of a registered product in the name of a customer, or enter into an agreement with a customer for a prescribed product or service that is or forms part of a registered product, unless the company provides, in the prescribed manner, to the individual requesting the account or the prescribed product or service Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Registered Products Sections 434.1-435.1 (a) information about all charges applicable to the registered product; (b) information about how the customer will be notified of any increase in those charges and of any new charges applicable to the registered product; (c) information about the company’s procedures relating to complaints about the application of any charge applicable to the registered product; and (d) any other information that may be prescribed. Regulations (2) The Governor in Council may make regulations specifying the circumstances under which a company need not provide the information. Definition of registered product (3) In this section, registered product means a product that is defined to be a registered product by the regulations. 2007, c. 6, s. 363. Borrowing Costs Definition of cost of borrowing 435 For the purposes of this section and sections 435.1 to 442, cost of borrowing means, in respect of a loan made by a company, (a) the interest or discount applicable to the loan; (b) any amount charged in connection with the loan that is payable by the borrower to the company; and (c) any charge prescribed to be included in the cost of borrowing. For those purposes, however, cost of borrowing does not include any charge prescribed to be excluded from the cost of borrowing. 1991, c. 45, s. 435; 1997, c. 15, s. 379; 2001, c. 9, s. 543. Rebate of borrowing costs 435.1 (1) Where a company makes a loan in respect of which the disclosure requirements of section 436 apply and the loan is not secured by a mortgage on real property and is required to be repaid either on a fixed future date or by instalments, the company shall, if there is a prepayment of the loan, rebate to the borrower a portion of the charges included in the cost of borrowing in respect of the loan. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Borrowing Costs Sections 435.1-438 Exception (2) The charges to be rebated do not include the interest or discount applicable to the loan. Regulations (3) The Governor in Council may make regulations governing the rebate of charges under subsection (1). The rebate shall be made in accordance with those regulations. 1997, c. 15, s. 379. Disclosing borrowing costs 436 (1) A company shall not make a loan to a natural person that is repayable in Canada unless the cost of borrowing, as calculated and expressed in accordance with section 437, and other prescribed information have been disclosed by the company to the borrower at the prescribed time and place and in the prescribed form and manner. Non-application (2) Subsection (1) does not apply in respect of a loan that is of a prescribed class of loans. 1991, c. 45, s. 436; 1997, c. 15, s. 379; 2012, c. 5, s. 170. Calculating borrowing costs 437 The cost of borrowing shall be calculated, in the prescribed manner, on the basis that all obligations of the borrower are duly fulfilled and shall be expressed as a rate per annum and, in prescribed circumstances, as an amount in dollars and cents. Additional disclosure 438 (1) Where a company makes a loan in respect of which the disclosure requirements of section 436 are applicable and the loan is required to be repaid either on a fixed future date or by instalments, the company shall disclose to the borrower, in accordance with the regulations, (a) whether the borrower has the right to repay the amount borrowed before the maturity of the loan and, if applicable, (i) any terms and conditions relating to that right, including the particulars of the circumstances in which the borrower may exercise that right, and (ii) whether, in the event that the borrower exercises the right, any portion of the cost of borrowing is to be rebated, the manner in which any such rebate is to be calculated or, if a charge or penalty will be Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Borrowing Costs Section 438 imposed on the borrower, the manner in which the charge or penalty is to be calculated; (b) in the event that an amount borrowed is not repaid at maturity or, if applicable, an instalment is not paid on the day the instalment is due to be paid, particulars of the charges or penalties to be paid by the borrower because of the failure to repay or pay in accordance with the contract governing the loan; (c) at the prescribed time and place and in the prescribed form and manner, any prescribed changes respecting the cost of borrowing or the loan agreement; (d) particulars of any other rights and obligations of the borrower; and (e) any other prescribed information, at the prescribed time and place and in the prescribed form and manner. Disclosure in credit card applications (1.1) A company shall, in accordance with the regulations, at the prescribed time and place and in the prescribed form and manner, provide prescribed information in any application forms or related documents that it prepares for the issuance of credit, payment or charge cards and provide prescribed information to any person applying to it for a credit, payment or charge card. Disclosure re credit cards (2) Where a company issues or has issued a credit, payment or charge card to a natural person, the company shall, in addition to disclosing the costs of borrowing in respect of any loan obtained through the use of the card, disclose to the person, in accordance with the regulations, (a) any charges or penalties described in paragraph (1)(b); (b) particulars of the person’s rights and obligations; (c) any charges for which the person becomes responsible by accepting or using the card; (d) at the prescribed time and place and in the prescribed form and manner, any prescribed changes respecting the cost of borrowing or the loan agreement; and (e) any other prescribed information, at the prescribed time and place and in the prescribed form and manner. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Borrowing Costs Sections 438-440 Additional disclosure re other loans (3) Where a company enters into or has entered into an arrangement, including a line of credit, for the making of a loan in respect of which the disclosure requirements of section 436 apply and the loan is not a loan in respect of which subsection (1) or (2) applies, the company shall, in addition to disclosing the costs of borrowing, disclose to the person to whom the loan is made, in accordance with the regulations, (a) any charges or penalties described in paragraph (1)(b); (b) particulars of the person’s rights and obligations; (c) any charges for which the person is responsible under the arrangement; (d) at the prescribed time and place and in the prescribed form and manner, any prescribed changes respecting the cost of borrowing under the arrangement; and (e) any other prescribed information, at the prescribed time and place and in the prescribed form and manner. 1991, c. 45, s. 438; 1997, c. 15, s. 380; 2012, c. 5, s. 171. Renewal statement 438.1 If a company makes a loan in respect of which the disclosure requirements of section 436 apply and the loan is secured by a mortgage on real property, the company shall disclose to the borrower, at the prescribed time and place and in the prescribed form and manner, any information that is prescribed respecting the renewal of the loan. 1997, c. 15, s. 381; 2012, c. 5, s. 172. Disclosure in advertising 439 No person shall authorize the publication, issue or appearance of any advertisement in Canada relating to arrangements referred to in subsection 438(3), loans, credit cards, payment cards or charge cards, offered to natural persons by a company, and purporting to disclose prescribed information about the cost of borrowing or about any other matter unless the advertisement discloses prescribed information at the prescribed time and place and in the prescribed form and manner. 1991, c. 45, s. 439; 1997, c. 15, s. 381; 2012, c. 5, s. 172. Regulations re borrowing costs 440 The Governor in Council may make regulations Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Borrowing Costs Section 440 (a) respecting the time and place at which, and the form and manner in which, a company is to disclose to a borrower (i) the cost of borrowing, (ii) any rebate of the cost of borrowing, and (iii) any other information relating to a loan, arrangement, credit card, payment card or charge card referred to in section 438; (b) respecting the contents of any statement disclosing the cost of borrowing and other information required to be disclosed by a company to a borrower; (c) respecting the manner of calculating the cost of borrowing; (d) respecting the circumstances under which the cost of borrowing is to be expressed as an amount in dollars and cents; (e) specifying any class of loans that are not to be subject to section 435.1, subsection 436(1) or 438(1) or (3) or section 438.1 or 439 or the regulations or any specified provisions of the regulations; (f) respecting the time and place at which, and the form and manner in which, any rights, obligations, charges or penalties referred to in sections 435.1 to 439 are to be disclosed; (g) prohibiting the imposition of any charge or penalty referred to in section 438 or providing that the charge or penalty, if imposed, will not exceed a prescribed amount; (h) respecting the nature or amount of any charge or penalty referred to in paragraph 438(1)(b), (2)(a) or (3)(a) and the costs of the company that may be included or excluded in the determination of the charge or penalty; (i) respecting the method of calculating the amount of rebate of the cost of borrowing, or the portion of the cost of borrowing referred to in subparagraph 438(1)(a)(ii); (j) respecting advertisements made by a company regarding arrangements referred to in subsection 438(3), loans, credit cards, payment cards or charge cards; (k) respecting the renewal of loans; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Borrowing Costs Sections 440-441.1 (l) respecting such other matters or things as are necessary to carry out the purposes of sections 435.1 to 439. 1991, c. 45, s. 440; 1997, c. 15, s. 381; 2012, c. 5, s. 173. Complaints Procedures for dealing with complaints 441 (1) A company shall (a) establish procedures for dealing with complaints made by persons having requested or received products or services in Canada from the company; (b) designate an officer or employee of the company to be responsible for implementing those procedures; and (c) designate one or more officers or employees of the company to receive and deal with those complaints. Procedures to be filed with Commissioner (2) A company shall file with the Commissioner a copy of its procedures established under paragraph (1)(a). How procedures to be made available (3) A company shall make its procedures established under paragraph (1)(a) available (a) in the form of a brochure, at its branches where products or services are offered in Canada; (b) on its websites through which products or services are offered in Canada; and (c) in written format to be sent to any person who requests them. Information on contacting Agency (4) A company shall also make prescribed information on how to contact the Agency available whenever it makes its procedures established under paragraph (1)(a) available under subsection (3). 1991, c. 45, s. 441; 1997, c. 15, s. 382; 2001, c. 9, s. 545; 2007, c. 6, s. 364. Obligation to be member of complaints body 441.1 In any province, if there is no law of the province that makes a company subject to the jurisdiction of an organization that deals with complaints made by persons having requested or received products or services in the province from a company, the company shall be a member of an organization that is not controlled by it and that deals with those complaints that have not been resolved Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers General Business Complaints Sections 441.1-443 to the satisfaction of the persons under procedures established by companies under paragraph 441(1)(a). 2001, c. 9, s. 546. Information on contacting Agency 442 (1) A company shall, in accordance with the regulations, at the prescribed time and place and in the prescribed form and manner, provide a person requesting or receiving a product or service from it with prescribed information on how to contact the Agency if the person has a complaint about a deposit account, an arrangement referred to in subsection 438(3), a payment, credit or charge card, the disclosure of or manner of calculating the cost of borrowing in respect of a loan or about any other obligation of the company under a consumer provision. Report (2) The Commissioner shall prepare a report, to be included in the report referred to in section 34 of the Financial Consumer Agency of Canada Act, respecting (a) procedures for dealing with complaints established by companies pursuant to paragraph 441(1)(a); and (b) the number and nature of complaints that have been brought to the attention of the Agency by persons who have requested or received a product or service from a company. 1991, c. 45, s. 442; 1997, c. 15, s. 383; 2001, c. 9, s. 547; 2012, c. 5, s. 174. Miscellaneous Charges for prescribed products or services 442.1 A company shall not, directly or indirectly, charge or receive any sum for the provision of any prescribed products or services unless the charge is made by express agreement between it and a customer or by order of a court. 2007, c. 6, s. 365. Prepayment protected 443 (1) A company shall not make a loan to a natural person that is repayable in Canada, the terms of which prohibit prepayment of the money advanced or any instalment thereon before its due date. Minimum balance (2) Except by express agreement between the company and the borrower, the making in Canada of a loan or advance by a company to a borrower shall not be subject to Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 443-443.1 a condition that the borrower maintain a minimum credit balance with the company. Non-application of subsection (1) (3) Subsection (1) does not apply in respect of a loan (a) that is secured by a mortgage on real property; or (b) that is made for business purposes and the principal amount of which is more than $100,000 or such other amount as may be prescribed. Government cheques (4) A company shall not make a charge (a) for cashing a cheque or other instrument drawn on the Receiver General or on the Receiver General’s account in the Bank of Canada, in a company or in any other deposit-taking Canadian financial institution incorporated by or under an Act of Parliament; (b) for cashing any other instrument issued as authority for the payment of money out of the Consolidated Revenue Fund; or (c) in respect of any cheque or other instrument that is (i) drawn in favour of the Receiver General, the Government of Canada or any department thereof or any public officer acting in the capacity of a public officer, and (ii) tendered for deposit to the credit of the Receiver General. Deposits of Government of Canada (5) Nothing in subsection (4) precludes any arrangement between the Government of Canada and a company concerning (a) compensation for services performed by the company for the Government of Canada; or (b) interest to be paid on any or all deposits of the Government of Canada with the company. 1991, c. 45, s. 443; 1997, c. 15, s. 384. Regulations respecting the holding of funds 443.1 The Governor in Council may make regulations respecting the maximum period during which a company may hold funds in respect of specified classes of cheques or other instruments that are deposited into an account Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 443.1-444 at a branch or prescribed point of service in Canada before permitting the customer in whose name the account is kept to access the funds. 2007, c. 6, s. 366. Regulations — activities 443.2 The Governor in Council may make regulations respecting any matters involving a company’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including (a) what a company may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under section 409 and any ancillary, related or incidental activities or services; and (b) the time and place at which and the form and manner in which any of those activities are to be carried out or any of those services are to be provided. 2009, c. 2, s. 291; 2012, c. 5, s. 175. Regulations re customer information 444 The Governor in Council may make regulations (a) requiring a company to establish procedures regarding the collection, retention, use and disclosure of any information about its customers or any class of customers; (b) requiring a company to establish procedures for dealing with complaints made by a customer about the collection, retention, use or disclosure of information about the customer; (c) respecting the disclosure by a company of information relating to the procedures referred to in paragraphs (a) and (b); (d) requiring a company to designate the officers and employees of the company who are responsible for (i) implementing the procedures referred to in paragraph (b), and (ii) receiving and dealing with complaints made by a customer of the company about the collection, retention, use or disclosure of information about the customer; (e) requiring a company to report information relating to (i) complaints made by customers of the company about the collection, retention, use or disclosure of information, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 444-444.1 (ii) the actions taken by the company to deal with the complaints; and (f) defining “information”, “collection” and “retention” for the purposes of paragraphs (a) to (e) and the regulations made under those paragraphs. 1991, c. 45, s. 444; 1997, c. 15, s. 385. Notice of branch closure 444.1 (1) Subject to regulations made under subsection (5), a member company with a branch in Canada at which it, through a natural person, opens retail deposit accounts and disburses cash to customers, shall give notice in accordance with those regulations before closing that branch or having it cease to carry on either of those activities. Pre-closure meeting (2) After notice is given but before the branch is closed or ceases to carry on the activities, the Commissioner shall, in prescribed situations, require the company to convene and hold a meeting between representatives of the company, representatives of the Agency and interested parties in the vicinity of the branch in order to exchange views about the closing or cessation of activities, including, but not limited to, alternative service delivery by the company and measures to help the branch’s customers adjust to the closing or cessation of activities. Meeting details (3) The Commissioner may establish rules for convening a meeting referred to in subsection (2) and for its conduct. Not statutory instruments (4) The Statutory Instruments Act does not apply in respect of rules established under subsection (3). Regulations (5) The Governor in Council may make regulations prescribing (a) the time and place at which and the form and manner in which notice shall be given under subsection (1), the persons to whom it shall be given and the information to be included, the time, place, form and manner being permitted to vary according to circumstances specified in the regulations; (b) circumstances in which a member company is not required to give notice under subsection (1), circumstances in which the Commissioner may exempt a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 444.1-444.3 member company from the requirement to give notice under that subsection, and circumstances in which the Commissioner may vary the time and place at which and the form and manner in which notice is required to be given under any regulation made under paragraph (a); and (c) circumstances in which a meeting may be convened under subsection (2). 2001, c. 9, s. 548; 2007, c. 6, s. 367; 2012, c. 5, s. 176. Public accountability statements 444.2 (1) A company with equity of $1 billion or more shall, in accordance with regulations made under subsection (4), annually publish a statement describing the contribution of the company and its prescribed affiliates to the Canadian economy and society. Filing (2) A company shall, at the prescribed time and place and in the prescribed form and manner, file a copy of the statement with the Commissioner. Provision of statement to public (3) A company shall, at the prescribed time and place and in the prescribed form and manner, disclose the statement to its customers and to the public. Regulations (4) The Governor in Council may make regulations prescribing (a) the name, contents and form of a statement referred to in subsection (1) and the time within which, the place at which and the manner in which it must be prepared; (b) affiliates of a company referred to in subsection (1); (c) the time and place at which and the form and manner in which a statement must be filed under subsection (2); and (d) the time and place at which and the form and manner in which a statement mentioned in subsection (3) is to be disclosed, respectively, to a company’s customers and to the public. 2001, c. 9, s. 548; 2012, c. 5, s. 177. Regulations re disclosure 444.3 The Governor in Council may, subject to any other provisions of this Act relating to the disclosure of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 444.3-446 information, make regulations respecting the disclosure of information by companies or any prescribed class of companies, including regulations respecting (a) the information that must be disclosed, including information relating to (i) any product or service or prescribed class of products or services offered by them, (ii) any of their policies, procedures or practices relating to the offer by them of any product or service or prescribed class of products or services, (iii) anything they are required to do or to refrain from doing under a consumer provision, and (iv) any other matter that may affect their dealings, or their employees’ or representatives’ dealings, with customers or the public; (b) the time and place at which, the form and manner in which and the persons to whom information is to be disclosed; and (c) the content and form of any advertisement by companies or any prescribed class of companies relating to any matter referred to in paragraph (a). 2001, c. 9, s. 548; 2007, c. 6, s. 368; 2012, c. 5, s. 178. Bank Act security 445 A bank that is continued as a company under this Act that, immediately before that continuance, held any outstanding security pursuant to section 426 or 427 of the Bank Act may continue to hold the security for the life of the loan to which the security relates and all the provisions of the Bank Act relating to the security and its enforcement continue to apply to the company as though it were a bank. 1991, c. 45, ss. 445, 559. Transmission in case of death 446 (1) Where the transmission of a debt owing by a company by reason of a deposit, of property held by a company as security or for safe-keeping or of rights with respect to a safety deposit box and property deposited therein takes place because of the death of a person, the delivery to the company of (a) an affidavit or declaration in writing in form satisfactory to the company signed by or on behalf of a person claiming by virtue of the transmission stating the nature and effect of the transmission, and (b) one of the following documents, namely, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 446-447 (i) when the claim is based on a will or other testamentary instrument or on a grant of probate thereof or on such a grant and letters testamentary or other document of like import or on a grant of letters of administration or other document of like import, purporting to be issued by any court of authority in Canada or elsewhere, an authenticated copy or certificate thereof under the seal of the court or authority without proof of the authenticity of the seal or other proof, or (ii) when the claim is based on a notarial will, an authenticated copy thereof, is sufficient justification and authority for giving effect to the transmission in accordance with the claim. Idem (2) Nothing in subsection (1) shall be construed to prevent a company from refusing to give effect to a transmission until there has been delivered to the company such documentary or other evidence of or in connection with the transmission as it may deem requisite. Branch of account with respect to deposits 447 (1) For the purposes of this Act, the branch of account with respect to a deposit account is (a) the branch the address or name of which appears on the specimen signature card or other signing authority signed by a depositor with respect to the deposit account or that is designated by agreement between the company and the depositor at the time of opening of the deposit account; or (b) if no branch has been identified or agreed on as provided in paragraph (a), the branch that is designated as the branch of account with respect thereto by the company by notice in writing to the depositor. Where debt payable (2) The amount of any debt owing by a company by reason of a deposit in a deposit account in the company is payable to the person entitled thereto only at the branch of account and the person entitled thereto is not entitled to demand payment or to be paid at any other branch of the company. Idem (3) Notwithstanding subsection (2), a company may permit, either occasionally or as a regular practice, the person to whom the company is indebted by reason of a Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 447-448 deposit in a deposit account in the company to withdraw moneys owing by reason of that deposit at a branch of the company other than the branch of account or to draw cheques or other orders for the payment of such moneys at a branch other than the branch of account. Situs of indebtedness (4) The indebtedness of a company by reason of a deposit in a deposit account in the company shall be deemed for all purposes to be situated at the place where the branch of account is situated. Effect of writ, etc. 448 (1) Subject to subsections (3) and (4), the following documents are binding on property belonging to a person and in the possession of a company, or on money owing to a person by reason of a deposit account in a company, only if the document or a notice of it is served at the branch of the company that has possession of the property or that is the branch of account in respect of the deposit account, as the case may be: (a) a writ or process originating a legal proceeding or issued in or pursuant to a legal proceeding; (b) an order or injunction made by a court; (c) an instrument purporting to assign, perfect or otherwise dispose of an interest in the property or the deposit account; or (d) an enforcement notice in respect of a support order or support provision. Notices (2) Any notification sent to a company with respect to a customer of the company, other than a document referred to in subsection (1) or (3), constitutes notice to the company and fixes the company with knowledge of its contents only if sent to and received at the branch of the company that is the branch of account of an account held in the name of that customer. Notices: Minister of National Revenue (2.1) Despite subsections (1) and (2), a notice, demand, order or other document issued with respect to a customer of a company constitutes notice to the company and fixes the company with knowledge of its contents and, where applicable, is binding on property belonging to the customer and in the possession of the company or on money owing to the customer by reason of an account in the company, if it is sent to the branch of the company referred to in subsection (1) or (2), an office of the company referred to in paragraph (3)(a) or any other office Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Section 448 agreed to by the company and the Minister of National Revenue and it relates to (a) the administration of an Act of Parliament by the Minister of National Revenue; or (b) the administration of an Act of the legislature of a province or legislation made by an aboriginal government, where the Minister or the Minister of National Revenue has entered into a tax collection agreement under an Act of Parliament with the government of the province or the aboriginal government. Exception (3) Subsections (1) and (2) do not apply in respect of an enforcement notice in respect of a support order or support provision if (a) the enforcement notice, accompanied by a written statement containing the information required by the regulations, is served at an office of a company designated in accordance with the regulations in respect of a province; and (b) the order or provision can be enforced under the laws of that province. Time of application (4) Subsection (3) does not apply in respect of an enforcement notice in respect of a support order or support provision until the second business day following the day of service referred to in that subsection. Regulations (5) The Governor in Council may make regulations (a) respecting the designation by a company of a place, for the purpose of subsection (3), in any province for the service of enforcement notices in respect of support orders and support provisions; (b) prescribing the manner in which a company shall publicize the locations of designated offices of the company; and (c) respecting the information that must accompany enforcement notices in respect of support orders and support provisions. Definitions (6) The following definitions apply in this section. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART VIII Business and Powers Miscellaneous Sections 448-449 designated office means a place designated in accordance with regulations made for the purpose of subsection (3). (bureau désigné) enforcement notice, in respect of a support order or support provision, means a garnishee summons or other instrument issued under the laws of a province for the enforcement of the support order or support provision. (avis d’exécution) support order means an order or judgment or interim order or judgment for family financial support. (ordonnance alimentaire) support provision means a provision of an agreement relating to the payment of maintenance or family financial support. (disposition alimentaire) 1991, c. 45, s. 448; 2001, c. 9, s. 549; 2005, c. 19, s. 64. PART IX Investments Definitions and Application Definitions 449 (1) The following definitions apply in this Part. business growth fund means Canadian Business Growth Fund (GP) Inc., a corporation incorporated under the Canada Business Corporations Act. (fonds de croissance des entreprises) closed-end fund means an entity whose activities are limited to investing the funds of the entity so as to provide investment diversification and professional investment management to the holders of its securities, and whose securities are (a) fixed in number and distributed to the public in an offering under a preliminary prospectus, prospectus, short-form prospectus or similar document in accordance with the laws of a province or a foreign jurisdiction; (b) traded on an exchange or an over-the-counter market; and (c) liquidated on a fixed future termination date, the proceeds of which are allocated to the holders of the securities on a proportional basis. (fonds d’investissement à capital fixe) commercial loan means Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Definitions and Application Section 449 (a) any loan made or acquired by a company, other than (i) a loan to a natural person in an amount of two hundred and fifty thousand dollars or less, (ii) a loan to the Government of Canada, the government of a province, a municipality, or to any agency thereof, or to the government of a foreign country or any political subdivision thereof, or any agency thereof, or to a prescribed international agency, (iii) a loan that is guaranteed by, or fully secured by securities issued by, a government, a municipality or an agency referred to in subparagraph (ii), (iv) a loan that is secured by a mortgage on real property, if (A) the mortgage is on residential property and the amount of the loan, together with the amount then outstanding of any mortgage having an equal or prior claim against the property, does not exceed 80% of the value of the property at the time the loan is made or acquired, or (B) the mortgage is on real property other than residential property and (I) the amount of the loan, together with the amount then outstanding of any mortgage having an equal or prior claim against the property, does not exceed 80% of the value of the property at the time the loan is made or acquired, and (II) at the time the loan is made or acquired, the property provides an annual income sufficient to pay all annual expenses related to the property, including the payments owing under the mortgage and the mortgages having an equal or prior claim against the property, (v) a loan that is secured by a mortgage on real property, if (A) the mortgage is on residential property and (I) the amount of the loan, together with the amount then outstanding of any mortgage having an equal or prior claim against the property, exceeds 80% of the value of the property at the time the loan is made or acquired, and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Definitions and Application Section 449 (II) repayment of the amount of the loan that exceeds 80% of the value of the property is guaranteed or insured by a government agency or private insurer approved by the Superintendent, (B) the mortgage is on real property other than residential property and (I) the amount of the loan, together with the amount then outstanding of any mortgage having an equal or prior claim against the property, exceeds 80% of the value of the property at the time the loan is made or acquired, (II) repayment of the amount of the loan that exceeds 80% of the value of the property is guaranteed or insured by a government agency or private insurer approved by the Superintendent, and (III) at the time the loan is made or acquired, the property provides an annual income sufficient to pay all annual expenses related to the property, including the payments owing under the mortgage and the mortgages having an equal or prior claim against the property, or (C) the loan is one referred to in paragraph 418(2)(d), (vi) a loan that (A) consists of a deposit made by the company with another financial institution, (B) is fully secured by a deposit with any financial institution, including the company, (C) is fully secured by debt obligations guaranteed by any financial institution other than the company, or (D) is fully secured by a guarantee of a financial institution other than the company, or (vii) a loan to an entity controlled by the company; (b) an investment in debt obligations, other than (i) debt obligations that are (A) guaranteed by any financial institution other than the company, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Definitions and Application Section 449 (B) fully secured by deposits with any financial institution, including the company, or (C) fully secured by debt obligations that are guaranteed by any financial institution other than the company, (ii) debt obligations issued by the Government of Canada, the government of a province, a municipality, or by any agency thereof, or by the government of a foreign country or any political subdivision thereof, or by any agency thereof, or by a prescribed international agency, (iii) debt obligations that are guaranteed by, or fully secured by securities issued by, a government, a municipality or an agency referred to in subparagraph (ii), (iv) debt obligations that are widely distributed, as that expression is defined by the regulations, or (v) debt obligations of an entity controlled by the company; and (c) an investment in shares of a body corporate or ownership interests in an unincorporated entity, other than (i) shares or ownership interests that are widely distributed, as that expression is defined by the regulations, (ii) shares or ownership interests of an entity controlled by the company, or (iii) participating shares. (prêt commercial) factoring entity means a factoring entity as defined in the regulations. (entité s’occupant d’affacturage) finance entity means a finance entity as defined in the regulations. (entité s’occupant de financement) financial leasing entity means an entity (a) the activities of which are limited to the financial leasing of personal property and such related activities as are prescribed and whose activities conform to such restrictions and limitations thereon as are prescribed; and (b) that, in conducting the activities referred to in paragraph (a) in Canada, does not Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Definitions and Application Section 449 (i) direct its customers or potential customers to particular dealers in the leased property or the property to be leased, (ii) enter into lease agreements with persons in respect of any motor vehicle having a gross vehicle weight, as that expression is defined by the regulations, of less than twenty-one tonnes, or (iii) enter into lease agreements with natural persons in respect of personal household property, as that expression is defined by the regulations. (entité s’occupant de crédit-bail) loan includes an acceptance, endorsement or other guarantee, a deposit, a financial lease, a conditional sales contract, a repurchase agreement and any other similar arrangement for obtaining funds or credit but does not include investments in securities. (prêt ou emprunt) motor vehicle means a motorized vehicle designed to be used primarily on a public highway for the transportation of persons or things, but does not include (a) a fire-engine, bus, ambulance or utility truck; or (b) any other special purpose motorized vehicle that contains significant special features that make it suitable for a specific purpose. (véhicule à moteur) mutual fund distribution entity means an entity whose principal activity is acting as a selling agent of units, shares or other interests in a mutual fund and acting as a collecting agent in the collection of payments for any such interests if (a) the proceeds of the sales of any such interests, less any sales commissions and service fees, are paid to the mutual fund; and (b) the existence of a sales commission and service fee in respect of the sale of any such interest is disclosed to the purchaser of the interest before the purchase of the interest. (courtier de fonds mutuels) mutual fund entity means an entity (a) whose activities are limited to the investing of the funds of the entity so as to provide investment diversification and professional investment management to the holders of its securities; and (b) whose securities entitle their holders to receive, on demand, or within a specified period after demand, an amount computed by reference to the value of a proportionate interest in the whole or in a part of its net Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Definitions and Application Section 449 assets, including a separate fund or trust account of the entity. (entité s’occupant de fonds mutuels) participating share means a share of a body corporate that carries the right to participate in the earnings of the body corporate to an unlimited degree and to participate in a distribution of the remaining property of the body corporate on dissolution. (action participante) permitted entity means an entity in which a company is permitted to acquire a substantial investment under section 453. (entité admissible) prescribed subsidiary means a subsidiary that is one of a prescribed class of subsidiaries. (filiale réglementaire) specialized financing entity means a specialized financing entity as defined in the regulations. (entité s’occupant de financement spécial) Members of a company’s group (2) For the purpose of this Part, a member of a company’s group is any of the following: (a) an entity referred to in any of paragraphs 453(1)(a) to (f) that controls the company; (b) a subsidiary of the company or of an entity referred to in any of paragraphs 453(1)(a) to (f) that controls the company; (c) an entity in which the company, or an entity referred to in any of paragraphs 453(1)(a) to (f) that controls the company, has a substantial investment; or (d) a prescribed entity in relation to the company. Non-application of Part (3) This Part does not apply in respect of (a) money or other assets held in trust by a company, other than guaranteed trust money and assets held in respect thereof; (b) the holding of a security interest in real property, unless the security interest is prescribed pursuant to paragraph 467(a) to be an interest in real property; or (c) the holding of a security interest in securities of an entity. 1991, c. 45, ss. 449, 560; 1993, c. 34, s. 128(F); 1997, c. 15, s. 386; 2001, c. 9, s. 550; 2007, c. 6, s. 369; 2008, c. 28, s. 163; 2018, c. 27, s. 135. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments General Constraints on Investments Sections 450-451 General Constraints on Investments Investment standards 450 The directors of a company shall establish and the company shall adhere to investment and lending policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments and loans to avoid undue risk of loss and obtain a reasonable return. 1991, c. 45, s. 450; 2001, c. 9, s. 550. Limit — business growth fund 450.1 (1) The aggregate value of all ownership interests in the business growth fund and the entities that the business growth fund controls that a company and its subsidiaries hold must not exceed $200,000,000. Application (2) For the purposes of subsection (1), the value of an ownership interest is determined by the amount paid for it at the time of its issuance. 2018, c. 27, s. 136. Restriction on control and substantial investments 451 (1) Subject to subsections (2) to (4.4), no company shall acquire control of, or hold, acquire or increase a substantial investment in, any entity other than a permitted entity. Exception: indirect investments (2) A company may, subject to Part XI, acquire control of, or acquire or increase a substantial investment in, an entity other than a permitted entity by way of (a) an acquisition of control of an entity referred to in any of paragraphs 453(1)(a) to (j), or of a prescribed entity, that controls or has a substantial investment in the entity; or (b) an acquisition of shares or ownership interests in the entity by (i) an entity referred to in any of paragraphs 453(1)(a) to (j), or a prescribed entity, that is controlled by the company, or (ii) an entity controlled by an entity referred to in any of paragraphs 453(1)(a) to (j), or a prescribed entity, that is controlled by the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments General Constraints on Investments Section 451 Exception: temporary investments, realizations and loan workouts (3) A company may, subject to Part XI, acquire control of, or acquire or increase a substantial investment in, an entity by way of (a) a temporary investment permitted by section 456; (b) an acquisition of shares of a body corporate or of ownership interests in an unincorporated entity permitted by section 457; or (c) a realization of security permitted by section 458. Exception: specialized financing regulations (4) A company may, subject to Part XI, acquire control of, or hold, acquire or increase a substantial investment in, an entity other than a permitted entity if it does so in accordance with regulations made under paragraph 452(d) concerning specialized financing. Business growth fund (4.1) Subject to section 450.1, subsections (4.2) to (4.4) and Part XI, a company may hold, acquire or increase a substantial investment in the business growth fund or any entity that the business growth fund controls. For greater certainty (4.2) For greater certainty, a company is prohibited from acquiring control of the business growth fund or any entity that the business growth fund controls. Prohibition — entity (4.3) A company is prohibited from holding or acquiring a substantial investment in the business growth fund or any entity that the business growth fund controls if the business growth fund or any entity that the business growth fund controls holds or acquires shares of, or other ownership interests in, any of the following entities, or in any entity that controls any of the following entities: (a) an entity referred to in any of paragraphs 453(1)(a) to (j); (b) an entity that is primarily engaged in the leasing of motor vehicles in Canada for the purpose of extending credit to a customer or financing a customer’s acquisition of a motor vehicle; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments General Constraints on Investments Section 451 (c) an entity that is primarily engaged in providing temporary possession of personal property, including motor vehicles, to customers in Canada for a purpose other than to finance the customer’s acquisition of the property; (d) an entity that acts as an insurance broker or agent in Canada; or (e) an entity that is engaged in any prescribed activity. Prohibition — capital and loans (4.4) A company is prohibited from holding or acquiring a substantial investment in the business growth fund or any entity that the business growth fund controls if the business growth fund or any entity that the business growth fund controls holds shares of, or other ownership interests in, an entity or holds a loan made to an entity and, in respect of that entity and its affiliates, the aggregate value of the following exceeds $100,000,000: (a) all ownership interests that are held by the company, the company’s subsidiaries, the business growth fund or the entities that the business growth fund controls, the value of those ownership interests as determined by the amount paid for them at the time each was first acquired by any of those entities; and (b) the outstanding principal of all loans held by the business growth fund or the entities that the business growth fund controls. Exception: uncontrolled event (5) A company is deemed not to contravene subsection (1) if the company acquires control of, or acquires or increases a substantial investment in, an entity solely as the result of an event not within the control of the company. Non-application of subsection (2) (5.1) No company shall, under subsection (2), acquire control of, or acquire or increase a substantial investment in, an entity referred to in paragraph 453(1)(j). Holding (5.2) If a company holds a substantial investment in an entity referred to in paragraph 453(1)(j) that it acquired or increased under subsection (2) before the coming into force of subsection (5.1), the company may continue to hold that substantial investment. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments General Constraints on Investments Sections 451-453 Application of other provision (6) Despite having acquired control of, or a substantial investment in, an entity under a particular provision of this Part, a company may continue to control the entity or hold the substantial investment in the entity as though it had made the acquisition under another provision of this Part so long as the conditions of that other provision are met. Timing of deemed acquisition (7) If a company decides to exercise its right under subsection (6), the company is deemed to be acquiring the control or the substantial investment under the other provision. 1991, c. 45, s. 451; 1997, c. 15, s. 387; 2001, c. 9, s. 550; 2007, c. 6, s. 370; 2013, c. 40, s. 167; 2018, c. 27, s. 137. Regulations 452 The Governor in Council may make regulations (a) respecting the determination of the amount or value of loans, investments and interests for the purposes of this Part; (b) respecting the loans and investments, and the maximum aggregate amount of all loans and investments, that may be made or acquired by a company and its prescribed subsidiaries to or in a person and any persons connected with that person; (c) specifying the classes of persons who are connected with any person for the purposes of paragraph (b); and (d) concerning specialized financing for the purposes of subsection 451(4). 1991, c. 45, s. 452; 2001, c. 9, s. 550. Subsidiaries and Equity Investments Permitted investments 453 (1) Subject to subsections (4) to (6) and Part XI, a company may acquire control of, or acquire or increase a substantial investment in (a) a company; (b) a bank; (c) a bank holding company; (d) an association to which the Cooperative Credit Associations Act applies; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 (e) an insurance company or a fraternal benefit society incorporated or formed under the Insurance Companies Act; (f) an insurance holding company; (g) a trust, loan or insurance corporation incorporated or formed by or under an Act of the legislature of a province; (h) a cooperative credit society incorporated or formed, and regulated, by or under an Act of the legislature of a province; (i) an entity that is incorporated or formed by or under an Act of Parliament or of the legislature of a province and that is primarily engaged in dealing in securities; or (j) an entity that is incorporated or formed, and regulated, otherwise than by or under an Act of Parliament or of the legislature of a province and that is primarily engaged outside Canada in a business that, if carried on in Canada, would be the business of banking, the business of a cooperative credit society, the business of insurance, the business of providing fiduciary services or the business of dealing in securities. Permitted investments (2) Subject to subsections (3) to (6) and Part XI, a company may acquire control of, or acquire or increase a substantial investment in, an entity, other than an entity referred to in any of paragraphs (1)(a) to (j), whose business is limited to one or more of the following: (a) engaging in any financial service activity or in any other activity that a company is permitted to engage in under any of paragraphs 409(2)(b) to (d) or section 410 or 411; (b) acquiring or holding shares of, or ownership interests in, entities in which a company is permitted under this Part to hold or acquire; (c) engaging in the provision of any services exclusively to any or all of the following, so long as the entity is providing those services to the company or any member of the company’s group: (i) the company, (ii) any member of the company’s group, (iii) any entity that is primarily engaged in the business of providing financial services, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 (iv) any permitted entity in which an entity referred to in subparagraph (iii) has a substantial investment, or (v) any prescribed person, if it is doing so under prescribed terms and conditions, if any are prescribed; (d) engaging in any activity that a company is permitted to engage in, other than an activity referred to in paragraph (a) or (e), that relates to (i) the promotion, sale, delivery or distribution of a financial product or financial service that is provided by the company or any member of the company’s group, or (ii) if a significant portion of the business of the entity involves an activity referred to in subparagraph (i), the promotion, sale, delivery or distribution of a financial product or financial service that is provided by any other entity that is primarily engaged in the business of providing financial services; (e) engaging in the activities referred to in the definition closed-end fund, mutual fund distribution entity or mutual fund entity in subsection 449(1); and (f) engaging in prescribed activities, under prescribed terms and conditions, if any are prescribed. Restriction (3) A company may not acquire control of, or acquire or increase a substantial investment in, an entity whose business includes any activity referred to in any of paragraphs (2)(a) to (e) if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include (a) activities that a company is not permitted to engage in under any of sections 417 and 418; (b) dealing in securities, except as may be permitted under paragraph (2)(e) or as may be permitted to a company under paragraph 409(2)(c); (c) acting as an executor, administrator or official guardian or as a guardian, tutor, curator, judicial adviser or committee of a mentally incompetent person; (d) being a trustee for a trust; (e) activities that a company is not permitted to engage in under any regulation made under section 416 Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 if the entity engages in the activities of a finance entity or of any other entity as may be prescribed; (f) acquiring control of or acquiring or holding a substantial investment in another entity unless (i) in the case of an entity that is controlled by the company, the company itself would be permitted under this Part to acquire a substantial investment in the other entity, or (ii) in the case of an entity that is not controlled by the company, the company itself would be permitted to acquire a substantial investment in the other entity under subsection (1) or (2) or 451(2), paragraph 451(3)(b) or (c) or subsection 451(4); or (g) any prescribed activity. Exception (3.1) Despite paragraph (3)(d), a company may acquire control of, or acquire or increase a substantial investment in, any entity that acts as a trustee for a trust if the entity has been permitted under the laws of a province to act as a trustee for a trust and the following conditions are satisfied: (a) the entity acts as a trustee only with respect to a closed-end fund or mutual fund entity; and (b) if the entity engages in other business, that business is limited to engaging in one or more of the following: (i) the activities of a mutual fund distribution entity, (ii) any activity that a company is permitted to engage in under paragraph 410(1)(d.1), and (iii) the provision of investment counselling services and portfolio management services. Control (4) Subject to subsection (8) and the regulations, a company may not acquire control of, or acquire or increase a substantial investment in, (a) an entity referred to in any of paragraphs (1)(a) to (j), unless (i) the company controls, within the meaning of paragraph 3(1)(d), the entity, or would thereby Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 acquire control, within the meaning of that paragraph, of the entity, or (ii) the company is permitted by regulations made under paragraph 459(a) to acquire or increase the substantial investment; (b) an entity whose business includes one or more of the activities referred to in paragraph (2)(a) and that engages, as part of its business, in any financial intermediary activity that exposes the entity to material market or credit risk, including a finance entity, a factoring entity and a financial leasing entity, unless (i) the company controls, within the meaning of paragraph 3(1)(d), the entity, or would thereby acquire control, within the meaning of that paragraph, of the entity, or (ii) the company is permitted by regulations made under paragraph 459(a) to acquire or increase the substantial investment; or (c) an entity whose business includes an activity referred to in paragraph (2)(b), including a specialized financing entity, unless (i) the company controls, within the meaning of paragraph 3(1)(d), the entity, or would thereby acquire control, within the meaning of that paragraph, of the entity, (ii) the company is permitted by regulations made under paragraph 459(a) to acquire or increase the substantial investment, or (iii) subject to prescribed terms and conditions, if any are prescribed, the activities of the entity do not include the acquisition or holding of control of, or the acquisition or holding of shares or other ownership interests in, an entity referred to in paragraph (a) or (b) or an entity that is not a permitted entity. Minister’s approval (5) Subject to the regulations, a company may not, without the prior written approval of the Minister, (a) acquire control of an entity referred to in paragraphs (1)(g) to (i) from a person who is not a member of the company’s group; (b) acquire control of an entity referred to in paragraph (1)(j) or (4)(b), other than an entity whose activities are limited to the activities of one or more of the following entities, if the control is acquired from an entity referred to in any of paragraphs (1)(a) to (f) that is not a member of the company’s group: Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 (i) a factoring entity, or (ii) a financial leasing entity; (b.1) acquire control of an entity referred to in paragraph (1)(j) if the company is a company with equity of two billion dollars or more and A+B>C where A is the value of the entity’s consolidated assets, as it would have been reported in the entity’s annual financial statements if those statements had been prepared immediately before the acquisition, B is the aggregate of the values of the consolidated assets of all other entities referred to in paragraph (1)(j) that the company has acquired control of within the preceding 12 months, as the value for each entity would have been reported in its annual financial statements if those statements had been prepared immediately before the acquisition of control of that entity, and C is 10% of the value of the company’s consolidated assets, as shown in the company’s last annual statement that was prepared before its first acquisition of control of an entity referred to in paragraph (1)(j) within the preceding 12 months; (c) acquire control of, or acquire or increase a substantial investment in, an entity whose business includes one or more of the activities referred to in paragraph (2)(d); (d) acquire control of, or acquire or increase a substantial investment in, an entity that engages in Canada in an activity described in paragraph 410(1)(c); (d.1) acquire control of, or acquire or increase a substantial investment in, an entity that engages in an activity described in paragraph 410(1)(c.1); or (e) acquire control of, or acquire or increase a substantial investment in, an entity engaging in an activity prescribed for the purposes of paragraph (2)(f). Matters for consideration (5.1) In addition to any matters or conditions provided for in this Act that are relevant to the granting of an approval, the Minister may, in considering whether to grant the approval under paragraph (5)(b.1), take into account all matters that he or she considers relevant in the circumstances, including Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 (a) the stability of the financial system in Canada; and (b) the best interests of the financial system in Canada. Superintendent’s approval (6) Subject to subsection (7) and the regulations, a company may not acquire control of, or acquire or increase a substantial investment in, an entity referred to in any of paragraphs (1)(g) to (j) and (4)(b) and (c) unless the company obtains the approval of the Superintendent. Exception (7) Subsection (6) does not apply in respect of a particular transaction if (a) the company is acquiring control of an entity, other than a specialized financing entity, and the only reason for which the company would, but for this subsection, require approval for the acquisition is that the entity carries on activities referred to in paragraph (2)(b); (b) the company is acquiring control of an entity whose activities are limited to the activities of a factoring entity or a financial leasing entity; (c) the Minister has approved the transaction under subsection (5) or is deemed to have approved it under subsection 454(1); (d) subject to subsection (7.1), the company is acquiring control of an entity (referred to in this paragraph as the “target entity”) referred to in paragraph (4)(b) or (c) and A/B < C where A is the aggregate of the values, as they would have been reported in the company’s annual financial statements if those statements were prepared on the day of the acquisition of control of the target entity, of (i) the target entity’s consolidated assets, (ii) the assets of the company and of any subsidiary of the company that were acquired, at any time within the 12 months preceding the acquisition of control of the target entity, from any entity that, at that time, held any of the assets referred to in subparagraph (i), and (iii) the consolidated assets of any entity referred to in paragraph (4)(b) or (c) the control of which is acquired by the company at the same time as the acquisition of control of the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 target entity — or within the 12 months preceding the acquisition of control of the target entity if, at any time within those 12 months, that entity and the target entity were affiliates — excluding any assets referred to in subparagraph (i) or (ii) and the consolidated assets of an entity in respect of which no approval of the Superintendent is required under any of paragraphs (a) to (c), B is the value of the company’s consolidated assets, as shown in its last annual statement prepared before the acquisition of control of the target entity, and C is (i) 0.01, in the case of a company with equity of 12 billion dollars or more, or (ii) 0.02, in the case of any other company; or (e) the company is acquiring or increasing a substantial investment in an entity (referred to in this paragraph as the “target entity”) without acquiring control of it, and A/B < C where A is the aggregate of the values, as they would have been reported in the company’s annual financial statements if those statements were prepared on the day of the acquisition or increase of the substantial investment in the target entity, of (i) the shares of, or other ownership interests in, the target entity that the company or a subsidiary of the company is acquiring in the transaction that results in the acquisition or increase of a substantial investment in the target entity, and the shares of, or other ownership interests in, the target entity that are held by an entity the control of which the company is acquiring in the transaction that results in the acquisition or increase of a substantial investment in the target entity, (ii) the shares of, or other ownership interests in, the target entity that are held by the company or a subsidiary of the company and that were acquired by the company or the subsidiary within the 12 months preceding the transaction referred to in subparagraph (i), and (iii) the shares of, or other ownership interests in, the target entity that are held by a subsidiary of the company the control of which was acquired by the company within the 12 months preceding the transaction referred to in Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Section 453 subparagraph (i), excluding any shares or other ownership interests referred to in subparagraph (ii), B is the value of the company’s consolidated assets, as shown in its last annual statement prepared before the transaction that results in the acquisition or increase of the substantial investment in the target entity, and C is (i) 0.005, in the case of a company with equity of 12 billion dollars or more, or (ii) 0.01, in the case of any other company. No exception for deemed acquisition (7.1) The exception in paragraph (7)(d) does not apply with respect to a deemed acquisition of control under subsection 451(7). Control not required (8) A company need not control an entity referred to in paragraph (1)(j), or an entity that is incorporated or formed otherwise than by or under an Act of Parliament or of the legislature of a province, if the laws or customary business practices of the country under the laws of which the entity was incorporated or formed do not permit the company to control the entity. Prohibition on giving up control in fact (9) A company that, under subsection (4), controls an entity may not, without the prior written approval of the Minister, give up control, within the meaning of paragraph 3(1)(d), of the entity while it continues to control the entity. Giving up control (10) A company that, under subsection (4), controls an entity may, with the prior written approval of the Superintendent, give up control of the entity while keeping a substantial investment in the entity if (a) the company is permitted to do so by regulations made under paragraph 459(c); or (b) the entity meets the conditions referred to in subparagraph (4)(c)(iii). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Sections 453-455 Subsections do not apply (11) If a company controls, within the meaning of paragraph 3(1)(a), (b) or (c), an entity, subsections (5) and (6) do not apply in respect of any subsequent increases by the company of its substantial investment in the entity so long as the company continues to control the entity. 1991, c. 45, s. 453; 1997, c. 15, s. 388; 1999, c. 28, s. 141; 2001, c. 9, s. 550; 2007, c. 6, s. 371; 2012, c. 5, s. 179; 2018, c. 27, s. 130. Approval for indirect investments 454 (1) If a company obtains the approval of the Minister under subsection 453(5) to acquire control of, or to acquire or increase a substantial investment in, an entity and, through that acquisition or increase, the company indirectly acquires control of, or acquires or increases a substantial investment in, another entity that would require the approval of the Minister under subsection 453(5) or the Superintendent under subsection 453(6) and that indirect acquisition or increase is disclosed to the Minister in writing before the approval is obtained, the company is deemed to have obtained the approval of the Minister or the Superintendent for that indirect acquisition or increase. Approval for indirect investments (2) If a company obtains the approval of the Superintendent under subsection 453(6) to acquire control of, or to acquire or increase a substantial investment in, an entity and, through that acquisition or increase the company indirectly acquires control of, or acquires or increases a substantial investment in, another entity that would require the approval of the Superintendent under that subsection and that indirect acquisition or increase is disclosed to the Superintendent in writing before the approval is obtained, the company is deemed to have obtained the approval of the Superintendent for that indirect acquisition or increase. 1991, c. 45, s. 454; 2001, c. 9, s. 550. Undertakings 455 (1) If a company controls a permitted entity, other than an entity referred to in any of paragraphs 453(1)(a) to (f), the company shall provide the Superintendent with any undertakings that the Superintendent may require regarding (a) the activities of the entity; and (b) access to information about the entity. Undertakings (2) If a company acquires control of an entity referred to in any of paragraphs 453(1)(g) to (j), the company shall provide the Superintendent with any undertakings concerning the entity that the Superintendent may require. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Subsidiaries and Equity Investments Sections 455-456 Agreements with other jurisdictions (3) The Superintendent may enter into an agreement with the appropriate official or public body responsible for the supervision of an entity referred to in any of paragraphs 453(1)(g) to (j) in each province or in any other jurisdiction concerning any matters referred to in paragraphs (1)(a) and (b) or any other matter the Superintendent considers appropriate. Access to records (4) Despite any other provision of this Part, a company shall not control a permitted entity, other than an entity referred to in any of paragraphs 453(1)(a) to (f), unless, in the course of the acquisition of control or within a reasonable time after the control is acquired, the company obtains from the permitted entity an undertaking to provide the Superintendent with reasonable access to the records of the permitted entity. 1991, c. 45, s. 455; 2001, c. 9, s. 550. Exceptions and Exclusions Temporary investments in entity 456 (1) Subject to subsection (4), a company may, by way of a temporary investment, acquire control of, or acquire or increase a substantial investment in, an entity but, within two years, or any other period that may be specified or approved by the Superintendent, after acquiring control or after acquiring or increasing the substantial investment, as the case may be, it shall do all things necessary to ensure that it no longer controls the entity or has a substantial investment in the entity. Transitional (2) Despite subsection (1), if a company that was in existence immediately before June 1, 1992 had an investment in an entity on September 27, 1990 that is a substantial investment within the meaning of section 10 and the company subsequently increases that substantial investment by way of a temporary investment, the company shall, within two years, or any other period that is specified or approved by the Superintendent, after increasing the substantial investment, do all things necessary to ensure that its substantial investment in the entity is no greater than it was on September 27, 1990. Extension (3) The Superintendent may, in the case of any particular company that makes an application under this subsection, extend the period of two years, or the other period specified or approved by the Superintendent, that is referred to in subsection (1) or (2) for any further period Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Exceptions and Exclusions Sections 456-457 or periods, and on any terms and conditions, that the Superintendent considers necessary. Temporary investment (4) If a company, by way of temporary investment, acquires control of, or acquires or increases a substantial investment in, an entity for which the approval of the Minister would have been required under subsection 453(5) if the company had acquired the control, or acquired or increased the substantial investment, under section 453, the company must, within 90 days after acquiring control or after acquiring or increasing the substantial investment, (a) apply to the Minister for approval to retain control of the entity or to continue to hold the substantial investment in the entity for a period specified by the Minister or for an indeterminate period on any terms and conditions that the Minister considers appropriate; or (b) do all things necessary to ensure that, on the expiry of the 90 days, it no longer controls the entity or does not have a substantial investment in the entity. Indeterminate extension (5) If a company, by way of temporary investment, acquires control of, or acquires or increases a substantial investment in, an entity for which the approval of the Superintendent would have been required under subsection 453(6) if the company had acquired the control, or acquired or increased the substantial investment, under section 453, the Superintendent may, on application, permit the company to retain control of the entity or to continue to hold the substantial investment in the entity for an indeterminate period, on any terms and conditions that the Superintendent considers appropriate. 1991, c. 45, s. 456; 2001, c. 9, s. 550; 2007, c. 6, s. 372. Loan workouts 457 (1) Despite anything in this Part, if a company or any of its subsidiaries has made a loan to an entity and, under the terms of the agreement between the company, or any of its subsidiaries, and the entity with respect to the loan and any other documents governing the terms of the loan, a default has occurred, the company may acquire (a) if the entity is a body corporate, all or any of the shares of the body corporate; (b) if the entity is an unincorporated entity, all or any of the ownership interests in the entity; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Exceptions and Exclusions Section 457 (c) all or any of the shares or all or any of the ownership interests in any entity that is an affiliate of the entity; (d) all or any of the shares of a body corporate that is primarily engaged in holding shares of, ownership interests in or assets acquired from the entity or any of its affiliates; or (e) all or any of the ownership interests in any entity that is primarily engaged in holding shares of, ownership interests in or assets acquired from the entity or any of its affiliates. Obligation of company (2) If a company acquires shares or ownership interests in an entity under subsection (1), the company shall, within five years after acquiring them do all things necessary to ensure that the company does not control the entity or have a substantial investment in the entity. Transitional (3) Despite subsection (1), if a company that was in existence immediately before June 1, 1992 had an investment in an entity on September 27, 1990 that is a substantial investment within the meaning of section 10 and the company later increases that substantial investment by way of an investment made under subsection (1), the company shall, within five years after increasing the substantial investment, do all things necessary to ensure that its substantial investment in the entity is no greater than it was on September 27, 1990. Extension (4) The Superintendent may, in the case of any particular company that makes an application under this subsection, extend the period of five years referred to in subsection (2) or (3) for any further period or periods, and on any terms and conditions, that the Superintendent considers necessary. Exception — entities controlled by foreign governments (5) Despite anything in this Part, if a company has made a loan to, or holds a debt obligation of, the government of a foreign country or an entity controlled by the government of a foreign country and, under the terms of the agreement between the company and that government or the entity, as the case may be, and any other documents governing the terms of the loan or debt obligation, a default has occurred, the company may acquire all or any of the shares of, or ownership interests in, that entity or in any other entity designated by that government, if the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Exceptions and Exclusions Sections 457-458 acquisition is part of a debt restructuring program of that government. Time for holding shares (6) If a company acquires any shares or ownership interests under subsection (5), the company may, on any terms and conditions that the Superintendent considers appropriate, hold those shares or ownership interests for an indeterminate period or for any other period that the Superintendent may specify. Exception (7) If, under subsection (1), a company acquires control of, or acquires or increases a substantial investment in, an entity that it would otherwise be permitted to acquire or increase under section 453, the company may retain control of the entity or continue to hold the substantial investment for an indeterminate period if the approval in writing of the Minister is obtained before the end of the period referred to in subsection (2) or (3), including any extension of it granted under subsection (4). 1991, c. 45, s. 457; 1997, c. 15, s. 389; 2001, c. 9, s. 550; 2007, c. 6, s. 373. Realizations 458 (1) Despite anything in this Act, a company may acquire (a) an investment in a body corporate, (b) an interest in an unincorporated entity, or (c) an interest in real property, if the investment or interest is acquired through the realization of a security interest held by the company or any of its subsidiaries. Disposition (2) Subject to subsection 76(2), if a company acquires control of, or acquires a substantial investment in, an entity by way of the realization of a security interest held by the company or any of its subsidiaries, the company shall, within five years after the day on which control or the substantial investment is acquired, do all things necessary, or cause its subsidiary to do all things necessary, as the case may be, to ensure that the company no longer controls the entity or has a substantial investment in the entity. Transitional (3) Despite subsection (2), if a company that was in existence immediately before June 1, 1992 had an investment in an entity on September 27, 1990 that is a substantial investment within the meaning of section 10 and the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Exceptions and Exclusions Sections 458-459 company later increases that substantial investment by way of a realization of a security interest under subsection (1), the company shall, within five years after increasing the substantial investment, do all things necessary to ensure that its substantial investment in the entity is no greater than it was on September 27, 1990. Extension (4) The Superintendent may, in the case of any particular company that makes an application under this subsection, extend the period of five years referred to in subsection (2) or (3) for any further period or periods, and on any terms and conditions, that the Superintendent considers necessary. Exception (5) If, under subsection (1), a company acquires control of, or acquires or increases a substantial investment in, an entity that it would otherwise be permitted to acquire or increase under section 453, the company may retain control of the entity or continue to hold the substantial investment for an indeterminate period if the approval in writing of the Minister is obtained before the end of the period referred to in subsection (2) or (3), including any extension of it granted under subsection (4). 1991, c. 45, s. 458; 1997, c. 15, s. 390; 2001, c. 9, s. 550. Regulations restricting ownership 459 The Governor in Council may make regulations (a) for the purposes of subsection 453(4), permitting the acquisition of control or the acquisition or increase of substantial investments, or prescribing the circumstances under which that subsection does not apply or the companies or other entities in respect of which that subsection does not apply, including prescribing companies or other entities on the basis of the activities they engage in; (b) for the purposes of subsection 453(5) or (6), permitting the acquisition of control or the acquisition or increase of substantial investments, or prescribing the circumstances under which either of those subsections does not apply or the companies or other entities in respect of which either of those subsections does not apply, including prescribing companies or other entities on the basis of the activities they engage in; (c) for the purposes of subsection 453(10), permitting a company to give up control of an entity; and (d) restricting the ownership by a company of shares of a body corporate or of ownership interests in an unincorporated entity under sections 453 to 458 and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Exceptions and Exclusions Sections 459-460 imposing terms and conditions applicable to companies that own such shares or interests. 1991, c. 45, s. 459; 1997, c. 15, s. 391; 2001, c. 9, s. 550. Portfolio Limits Exclusion from portfolio limits 460 (1) Subject to subsection (3), the value of all loans, investments and interests acquired by a company and any of its prescribed subsidiaries under section 457 or as a result of a realization of a security interest is not to be included in calculating the value of loans, investments and interests of the company and its prescribed subsidiaries under sections 461 to 466 (a) for a period of twelve years following the day on which the interest was acquired, in the case of an interest in real property; and (b) for a period of five years after the day on which the loan, investment or interest was acquired, in the case of a loan, investment or interest, other than an interest in real property. Extension (2) The Superintendent may, in the case of any particular company, extend any period referred to in subsection (1) for any further period or periods, and on any terms and conditions, that the Superintendent considers necessary. Exception (3) Subsection (1) does not apply to an investment or interest described in that subsection if the investment or interest is defined by a regulation made under section 467 to be an interest in real property and (a) the company or the subsidiary acquired the investment or interest as a result of the realization of a security interest securing a loan that was defined by a regulation made under section 467 to be an interest in real property; or (b) the company or the subsidiary acquired the investment or interest under section 457 as a result of a default referred to in that section in respect of a loan that was defined by a regulation made under section 467 to be an interest in real property. 1991, c. 45, s. 460; 1997, c. 15, s. 392; 2001, c. 9, s. 550. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Commercial Loans Sections 461-464 Commercial Loans Lending limit: companies with regulatory capital of $25 million or less 461 Subject to section 462, a company that has twentyfive million dollars or less of regulatory capital shall not, and shall not permit its prescribed subsidiaries to, make or acquire a commercial loan or acquire control of a permitted entity that holds commercial loans if the aggregate value of all commercial loans held by the company and its prescribed subsidiaries exceeds, or the making or acquisition of the commercial loan or acquisition of control of the entity would cause the aggregate value of all commercial loans held by the company and its prescribed subsidiaries to exceed, 5 per cent of the total assets of the company. 1991, c. 45, s. 461; 1999, c. 28, s. 142; 2001, c. 9, s. 550. Lending limit: regulatory capital over $25 million 462 A company that has twenty-five million dollars or less of regulatory capital that is controlled by a financial institution that has the equivalent of more than twentyfive million dollars of regulatory capital or a company that has more than twenty-five million dollars of regulatory capital may make or acquire commercial loans or acquire control of a permitted entity that holds commercial loans if the aggregate value of all commercial loans held by the company and its prescribed subsidiaries would thereby exceed the limit set out in section 461 only with the prior approval in writing of the Superintendent and in accordance with any terms and conditions that the Superintendent may specify. 1991, c. 45, s. 462; 1999, c. 28, s. 143; 2001, c. 9, s. 550. Meaning of total assets 463 For the purposes of sections 461 and 462, total assets, in respect of a company, has the meaning given to that expression by the regulations. 1991, c. 45, s. 463; 2001, c. 9, s. 550. Real Property Limit on total property interest 464 A company shall not, and shall not permit its prescribed subsidiaries to, purchase or otherwise acquire an interest in real property or make an improvement to any real property in which the company or any of its prescribed subsidiaries has an interest if the aggregate value of all interests of the company in real property exceeds, or the acquisition of the interest or the making of the improvement would cause that aggregate value to exceed Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Real Property Sections 464-466 the prescribed percentage of the regulatory capital of the company. 1991, c. 45, s. 464; 2001, c. 9, s. 550. Equities Limits on equity acquisitions 465 A company shall not, and shall not permit its prescribed subsidiaries to, (a) purchase or otherwise acquire any participating shares of any body corporate or any ownership interests in any unincorporated entity, other than those of a permitted entity in which the company has, or by virtue of the acquisition would have, a substantial investment, or (b) acquire control of an entity that holds shares or ownership interests referred to in paragraph (a), if the aggregate value of (c) all participating shares, excluding participating shares of permitted entities in which the company has a substantial investment, and (d) all ownership interests in unincorporated entities, other than ownership interests in permitted entities in which the company has a substantial investment, beneficially owned by the company and its prescribed subsidiaries exceeds, or the purchase or acquisition would cause that aggregate value to exceed, the prescribed percentage of the regulatory capital of the company. 1991, c. 45, s. 465; 2001, c. 9, s. 550. Aggregate Limit Aggregate limit 466 A company shall not, and shall not permit its prescribed subsidiaries to, (a) purchase or otherwise acquire (i) participating shares of a body corporate, other than those of a permitted entity in which the company has, or by virtue of the acquisition would have, a substantial investment, (ii) ownership interests in an unincorporated entity, other than ownership interests in a permitted entity in which the company has, or by virtue of the acquisition would have, a substantial investment, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Aggregate Limit Sections 466-468 (iii) interests in real property, or (b) make an improvement to real property in which the company or any of its prescribed subsidiaries has an interest if the aggregate value of (c) all participating shares and ownership interests referred to in subparagraphs (a)(i) and (ii) that are beneficially owned by the company and its prescribed subsidiaries, and (d) all interests of the company in real property referred to in subparagraph (a)(iii) exceeds, or the acquisition or the making of the improvement would cause that aggregate value to exceed, the prescribed percentage of the regulatory capital of the company. 1991, c. 45, s. 466; 1997, c. 15, s. 393; 2001, c. 9, s. 550. Miscellaneous Regulations 467 For the purposes of this Part, the Governor in Council may make regulations (a) defining the interests of a company in real property; (b) determining the method of valuing those interests; or (c) exempting classes of companies from the application of sections 464, 465 and 466. 1991, c. 45, s. 467; 1997, c. 15, s. 394; 2001, c. 9, s. 550. Divestment order 468 (1) The Superintendent may, by order, direct a company to dispose of, within any period that the Superintendent considers reasonable, any loan, investment or interest made or acquired in contravention of this Part. Divestment order (2) If, in the opinion of the Superintendent, (a) an investment by a company or any entity it controls in shares of a body corporate or in ownership interests in an unincorporated entity enables the company to control the body corporate or the unincorporated entity, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Miscellaneous Sections 468-469 (b) the company or any entity it controls has entered into an arrangement whereby it or its nominee may veto any proposal put before (i) the board of directors of a body corporate, or (ii) a similar group or committee of an unincorporated entity, or whereby no proposal may be approved except with the consent of the company, the entity it controls or the nominee, the Superintendent may, by order, require the company, within any period that the Superintendent considers reasonable, to do all things necessary to ensure that the company no longer controls the body corporate or unincorporated entity or has the ability to veto or otherwise defeat any proposal referred to in paragraph (b). Divestment order (3) If (a) a company (i) fails to provide or obtain within a reasonable time the undertakings referred to in subsection 455(1), (2) or (4), or (ii) is in default of an undertaking referred to in subsection 455(1) or (2) and the default is not remedied within ninety days after the day of receipt by the company of a notice from the Superintendent of the default, or (b) a permitted entity referred to in subsection 455(4) is in default of an undertaking referred to in that subsection and the default is not remedied within ninety days after the day of receipt by the company of a notice from the Superintendent of the default, the Superintendent may, by order, require the company, within any period that the Superintendent considers reasonable, to do all things necessary to ensure that the company no longer has a substantial investment in the entity to which the undertaking relates. Exception (4) Subsection (2) does not apply in respect of an entity in which a company has a substantial investment permitted by this Part. 1991, c. 45, s. 468; 2001, c. 9, s. 550. Deemed temporary investment 469 If a company controls or has a substantial investment in an entity as permitted by this Part and the company becomes aware of a change in the business or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Miscellaneous Sections 469-470 affairs of the entity that, if the change had taken place before the acquisition of control or of the substantial investment, would have caused the entity not to be a permitted entity or would have been such that approval for the acquisition would have been required under subsection 453(5) or (6), the company is deemed to have acquired, on the day the company becomes aware of the change, a temporary investment in respect of which section 456 applies. 1991, c. 45, s. 469; 1997, c. 15, s. 395; 2001, c. 9, s. 550. Asset transactions 470 (1) A company shall not, and shall not permit its subsidiaries to, without the approval of the Superintendent, acquire assets from a person or transfer assets to a person if A+B>C where A is the value of the assets; B is the total value of all assets that the company and its subsidiaries acquired from or transferred to that person in the twelve months ending immediately before the acquisition or transfer; and C is ten per cent of the total value of the assets of the company, as shown in the last annual statement of the company prepared before the acquisition or transfer. Approval of series of transactions (1.1) The Superintendent may, for the purposes of subsection (1), approve a transaction or series of transactions relating to the acquisition or transfer of assets that may be entered into with a person, or with persons of any class of persons, regardless of whether those persons are known at the time of the granting of the approval or not. Exceptions (2) Subsection (1) does not apply in respect of (a) an asset that is a debt obligation referred to in subparagraphs (b)(i) to (v) of the definition commercial loan in subsection 449(1); (b) assets acquired or transferred under a transaction or series of transactions by the company with another financial institution as a result of the company’s participation in one or more syndicated loans with that financial institution; (c) assets purchased or sold under a sale agreement that is approved by the Minister under section 241; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Miscellaneous Section 470 (d) shares of, or ownership interests in, an entity for which the approval of the Minister under Part VII or subsection 453(5) is required or the approval of the Superintendent under subsection 453(6) is required; (e) assets that are acquired or transferred under a transaction that has been approved by the Minister under subsection 678(1) of the Bank Act or subsection 715(1) of the Insurance Companies Act; (f) assets, other than real property, acquired or disposed of under an arrangement that has been approved by the Superintendent under subsection 482(3); or (g) assets acquired or disposed of with the approval of the Superintendent under subsection 482(4). (3) [Repealed, 2007, c. 6, s. 374] Value of assets (4) For the purposes of “A” in subsection (1), the value of the assets is (a) in the case of assets that are acquired, the purchase price of the assets or, if the assets are shares of, or ownership interests in, an entity the assets of which will be included in the annual statement of the company after the acquisition, the fair market value of the assets; and (b) in the case of assets that are transferred, the value of the assets as reported in the last annual statement of the company prepared before the transfer or, if the value of the assets is not reported in that annual statement, the value of the assets as it would be reported in the annual statement of the company if the annual statement had been prepared, in accordance with the accounting principles referred to in subsection 313(4), immediately before the transfer. Total value of all assets (5) For the purposes of subsection (1), the total value of all assets that the company or any of its subsidiaries has acquired during the period of twelve months referred to in subsection (1) is the purchase price of the assets or, if the assets are shares of, or ownership interests in, an entity the assets of which immediately after the acquisition were included in the annual statement of the company, Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART IX Investments Miscellaneous Sections 470-473 the fair market value of the assets of the entity at the date of the acquisition. Total value of all assets (6) For the purposes of subsection (1), the total value of all assets that the company or any of its subsidiaries has transferred during the 12-month period referred to in subsection (1) is the total of the value of each of those assets as reported in the last annual statement of the company prepared before the transfer of the asset or, if the value of any of those assets is not reported in that annual statement, as it would be reported in the annual statement of the company if the annual statement had been prepared, in accordance with the accounting principles referred to in subsection 313(4), immediately before the transfer of the asset. 1991, c. 45, s. 470; 1997, c. 15, s. 396; 2001, c. 9, s. 550; 2007, c. 6, s. 374. Transitional 471 Nothing in this Part requires (a) the termination of a loan made before February 7, 2001; (b) the termination of a loan made after that date as a result of a commitment made before that date; (c) the disposal of an investment made before that date; or (d) the disposal of an investment made after that date as a result of a commitment made before that date. But if the loan or investment would be precluded or limited by this Part, the amount of the loan or investment may not, except as provided in subsections 456(2), 457(3) and 458(3), be increased after that date. 1991, c. 45, s. 471; 2001, c. 9, s. 550. Saving 472 A loan or investment referred to in section 471 is deemed not to be prohibited by the provisions of this Part. PART X Adequacy of Capital and Liquidity Adequacy of capital and liquidity 473 (1) A company shall, in relation to its operations, maintain Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART X Adequacy of Capital and Liquidity Sections 473-473.1 (a) adequate capital, and (b) adequate and appropriate forms of liquidity, and shall comply with any regulations in relation thereto. Regulations and guidelines (2) The Governor in Council may make regulations and the Superintendent may make guidelines respecting the maintenance by companies of adequate capital and adequate and appropriate forms of liquidity. Directives (3) Notwithstanding that a company is complying with regulations or guidelines made under subsection (2), the Superintendent may, by order, direct the company (a) to increase its capital; or (b) to provide additional liquidity in such forms and amounts as the Superintendent may require. Compliance (4) A company shall comply with an order made under subsection (3) within such time as the Superintendent specifies therein. Notice of value (5) Where an appraisal of any asset held by a company or any of its subsidiaries has been made by the Superintendent and the value determined by the Superintendent to be the appropriate value of the asset varies materially from the value placed by the company or subsidiary on the asset, the Superintendent shall send to the company, the auditor of the company and the audit committee of the company a written notice of the appropriate value of the asset as determined by the Superintendent. 1991, c. 45, s. 473; 1996, c. 6, s. 120. PART XI Self-dealing Interpretation and Application Definition of senior officer 473.1 For the purposes of this Part, a senior officer of a body corporate is a person who is (a) a director of the body corporate who is a full-time employee of the body corporate; (b) the chief executive officer, chief operating officer, president, secretary, treasurer, controller, chief Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Interpretation and Application Sections 473.1-474 financial officer, chief accountant, chief auditor or chief actuary of the body corporate; (c) a natural person who performs functions for the body corporate similar to those performed by a person referred to in paragraph (b); (d) the head of the strategic planning unit of the body corporate; (e) the head of the unit of the body corporate that provides legal services or human resources services to the body corporate; or (f) any other officer reporting directly to the body corporate’s board of directors, chief executive officer or chief operating officer. 1997, c. 15, s. 397. Related party of company 474 (1) For the purposes of this Part, a person is a related party of a company where the person (a) is a person who has a significant interest in a class of shares of the company; (b) is a director or senior officer of the company or of a body corporate that controls the company or is acting in a similar capacity in respect of an unincorporated entity that controls the company; (c) is the spouse or common-law partner, or a child who is less than eighteen years of age, of a person described in paragraph (a) or (b); (d) is an entity that is controlled by a person referred to in any of paragraphs (a) to (c); (e) is an entity in which a person who controls the company has a substantial investment; (f) is an entity in which the spouse or common-law partner, or a child who is less than eighteen years of age, of a person who controls the company has a substantial investment; or (g) is a person, or a member of a class of persons, designated under subsection (3) or (4) as, or deemed under subsection (5) to be, a related party of the company. (h) [Repealed, 1997, c. 15, s. 398] Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Interpretation and Application Section 474 Exception — subsidiaries and substantial investments of companies (2) If an entity in which a company has a substantial investment would, but for this subsection, be a related party of the company only because a person who controls the company controls the entity or has a substantial investment in the entity, and the person does not control the entity or have a substantial investment in the entity otherwise than through the person’s controlling interest in the company, the entity is not a related party of the company. Designated related party (3) For the purposes of this Part, the Superintendent may, with respect to a particular company, designate as a related party of the company (a) any person or class of persons whose direct or indirect interest in or relationship with the company or a related party of the company might reasonably be expected to affect the exercise of the best judgment of the company in respect of a transaction; or (b) any person who is a party to any agreement, commitment or understanding referred to in section 9 if the company referred to in that section is the particular company. Idem (4) Where a person is designated as a related party of a company pursuant to subsection (3), the Superintendent may also designate any entity in which the person has a substantial investment and any entity controlled by such an entity to be a related party of the company. Deemed related party (5) Where, in contemplation of a person becoming a related party of a company, the company enters into a transaction with the person, the person is deemed for the purposes of this Part to be a related party of the company in respect of that transaction. Holders of exempted shares (6) The Superintendent may, by order, designate a class of non-voting shares of a company for the purpose of this subsection. If a class of non-voting shares of a company is so designated, a person is deemed, notwithstanding paragraph (1)(a), not to be a related party of the company if the person would otherwise be a related party of the company only because the person has a significant interest in that class. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Interpretation and Application Sections 474-475 Determination of substantial investment (7) For the purpose of determining whether an entity or a person has a substantial investment for the purposes of paragraph (1)(e) or (f), the references to “control” and “controlled” in section 10 shall be construed as references to “control, within the meaning of section 3, determined without regard to paragraph 3(1)(d)” and “controlled, within the meaning of section 3, determined without regard to paragraph 3(1)(d)”, respectively. Determination of control (8) For the purposes of paragraph (1)(d), “controlled” means “controlled, within the meaning of section 3, determined without regard to paragraph 3(1)(d)”. 1991, c. 45, s. 474; 1997, c. 15, s. 398; 2000, c. 12, s. 302. Non-application of Part 475 (1) This Part does not apply in respect of any transaction entered into prior to the coming into force of this Part but, after the coming into force of this Part, any modification of, addition to, or renewal or extension of a prior transaction is subject to this Part. Idem (2) This Part does not apply in respect of (a) money or other assets held in trust, other than guaranteed trust money and assets held in respect thereof; (b) the issue of shares of any class of shares of a company when fully paid for in money or when issued (i) in accordance with any provisions for the conversion of other issued and outstanding securities of the company into shares of that class of shares, (ii) as a share dividend, (iii) in exchange for shares of a body corporate that has been continued as a company under Part III, (iv) in accordance with the terms of an amalgamation under Part VI, (v) by way of consideration in accordance with the terms of a sale agreement under Part VI, or (vi) with the approval in writing of the Superintendent, in exchange for shares of another body corporate; (c) the payment of dividends by a company; (d) transactions that consist of the payment or provision by a company to persons who are related parties Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Interpretation and Application Sections 475-476 of the company of salaries, fees, stock options, pension benefits, incentive benefits or other benefits or remuneration in their capacity as directors, officers or employees of the company; (e) transactions approved by the Minister under subsection 678(1) of the Bank Act or subsection 715(1) of the Insurance Companies Act; or (f) if a company is controlled by a widely held bank holding company or a widely held insurance holding company, transactions approved by the Superintendent that are entered as part of, or in the course of, a restructuring of the holding company or of any entity controlled by it. Exception (3) Nothing in paragraph (2)(d) exempts from the application of this Part the payment by a company of fees or other remuneration to a person for (a) the provision of services referred to in paragraph 483(1)(a); or (b) duties outside the ordinary course of business of the company. Exception for holding body corporate (4) A holding body corporate of a company is not a related party of a company if the holding body corporate is a Canadian financial institution that is referred to in any of paragraphs (a) to (d) of the definition “financial institution” in section 2. Substantial investment — related party exception (5) Where a holding body corporate of a company is, because of subsection (4), not a related party of the company, any entity in which the holding body corporate has a substantial investment is not a related party of the company if no related party of the company has a substantial investment in the entity otherwise than through the control of the holding body corporate. 1991, c. 45, s. 475, c. 48, s. 493; 1997, c. 15, s. 399; 2001, c. 9, s. 551. Meaning of “transaction” 476 (1) For the purposes of this Part, entering into a transaction with a related party of a company includes (a) making a guarantee on behalf of the related party; (b) making an investment in any securities of the related party; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Interpretation and Application Sections 476-477 (c) taking an assignment of or otherwise acquiring a loan made by a third party to the related party; and (d) taking a security interest in the securities of the related party. Interpretation (2) For the purposes of this Part, the fulfilment of an obligation under the terms of any transaction, including the payment of interest on a loan or deposit, is part of the transaction, and not a separate transaction. Meaning of loan (3) For the purposes of this Part, loan includes a deposit, a financial lease, a conditional sales contract, a repurchase agreement and any other similar arrangement for obtaining funds or credit, but does not include investments in securities or the making of an acceptance, endorsement or other guarantee. Security of a related party (4) For the purposes of this Part, security of a related party includes an option, transferable by delivery, to demand delivery of a specified number or amount of shares of the related party at a fixed price within a specified time. 1991, c. 45, s. 476; 2007, c. 6, s. 375. Prohibited Related Party Transactions Prohibited transactions 477 (1) Except as provided in this Part, a company shall not, directly or indirectly, enter into any transaction with a related party of the company. Transaction of entity (2) Without limiting the generality of subsection (1), a company is deemed to have indirectly entered into a transaction in respect of which this Part applies where the transaction is entered into by an entity that is controlled by the company. Exception (3) Subsection (2) does not apply where an entity that is controlled by a company is a financial institution incorporated or formed under the laws of a province and is subject to regulation and supervision, satisfactory to the Minister, regarding transactions with related parties of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Prohibited Related Party Transactions Sections 477-482 Idem (4) Subsection (2) does not apply in respect of transactions entered into by an entity that is controlled by a company if the transaction is a prescribed transaction or is one of a class of prescribed transactions. Permitted Related Party Transactions Nominal value transactions 478 Notwithstanding anything in this Part, a company may enter into a transaction with a related party of the company if the value of the transaction is nominal or immaterial to the company when measured by criteria that have been established by the conduct review committee of the company and approved in writing by the Superintendent. Secured loans 479 A company may make a loan to or a guarantee on behalf of a related party of the company or take an assignment of or otherwise acquire a loan to a related party of the company if (a) the loan or guarantee is fully secured by securities of or guaranteed by the Government of Canada or the government of a province; or (b) the loan is a loan permitted by section 418 made to a related party who is a natural person on the security of a mortgage of the principal residence of that related party. Deposits 480 A company may enter into a transaction with a related party of the company if the transaction consists of a deposit by the company with a financial institution that is a direct clearer or a member of a clearing group under the by-laws of the Canadian Payments Association and the deposit is made for clearing purposes. Borrowing, etc., from related party 481 A company may borrow money from, take deposits from, or issue debt obligations to, a related party of the company. Acquisition of assets 482 (1) A company may purchase or otherwise acquire from a related party of the company (a) securities of, or securities guaranteed by, the Government of Canada or the government of a province; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 482-483 (b) assets fully secured by securities of, or securities guaranteed by, the Government of Canada or the government of a province; or (c) goods for use in the ordinary course of business. Sale of assets (2) Subject to section 470, a company may sell any assets of the company to a related party of the company if (a) the consideration for the assets is fully paid in money; and (b) there is an active market for those assets. Asset transactions with financial institutions (3) Notwithstanding any of the provisions of subsections (1) and (2), a company may, in the normal course of business and pursuant to arrangements that have been approved by the Superintendent in writing, acquire or dispose of any assets, other than real property, from or to a related party of the company that is a financial institution. Asset transactions in restructuring (4) Notwithstanding any of the provisions of subsections (1) and (2), a company may acquire any assets from, or dispose of any assets to, a related party of the company as part of, or in the course of, a restructuring, if the acquisition or disposition has been approved in writing by the Superintendent. Goods or space for use in business (5) A company may lease assets (a) from a related party of the company for use in the ordinary course of business of the company, or (b) to a related party of the company, if the lease payments are made in money. Approval under section 241 (6) A company may acquire any assets from, or dispose of any assets to, a related party of the company under a sale agreement that is approved by the Minister under section 241. 1991, c. 45, s. 482; 2007, c. 6, s. 376. Services 483 (1) A company may enter into a transaction with a related party of the company if the transaction Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Section 483 (a) subject to subsection (2), consists of a written contract for the purchase by the company of services used in the ordinary course of business; (b) subject to subsection (4), involves the provision by the company of services, other than loans or guarantees, normally offered to the public by the company in the ordinary course of business; (c) consists of a written contract with a financial institution or an entity in which the company is permitted to have a substantial investment pursuant to section 453 that is a related party of the company (i) for the networking of any services provided by the company or the financial institution or entity, or (ii) for the referral of any person by the company to the financial institution or entity, or for the referral of any person by the financial institution or entity to the company; (d) consists of a written contract for such pension or benefit plans or their management or administration as are incidental to directorships or to the employment of officers or employees of the company or its subsidiaries; or (e) involves the provision by the company of management, advisory, accounting, information processing or other services in relation to any business of the related party. Order concerning management by employees (2) Where a company has entered into a contract pursuant to paragraph (1)(a) and the contract, when taken together with all other such contracts entered into by the company, results in all or substantially all of the management functions of the company being exercised by persons who are not employees of the company, the Superintendent may, by order, if the Superintendent considers that result to be inappropriate, require the company, within such time as may be specified in the order, to take all steps necessary to ensure that management functions that are integral to the carrying on of business by the company are exercised by employees of the company to the extent specified in the order. Exception (3) Despite subsection 477(2), a company is deemed not to have indirectly entered into a transaction in respect of which this Part applies if the transaction is entered into by an entity that is controlled by the company and the business of which is limited to the activity referred to in Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 483-483.2 453(2)(c) and the transaction is on terms and conditions at least as favourable to the company as market terms and conditions, as defined in subsection 489(2). Loans or guarantees not included (4) The provision of services, for the purposes of paragraph (1)(b), does not include the making of loans or guarantees. 1991, c. 45, s. 483; 1997, c. 15, s. 400; 2007, c. 6, s. 377. Transactions with holding companies 483.1 (1) Subject to subsection (2) and sections 483.2 and 483.3, if a widely held insurance holding company or a widely held bank holding company has a significant interest in any class of shares of a company, the company may enter into any transaction with the holding company or with any other related party of the company that is an entity in which the holding company has a substantial investment. Policies and procedures (2) The company shall adhere to policies and procedures established under subsection 199(3) when entering into the transaction. 2001, c. 9, s. 552. Restriction 483.2 (1) If a company enters into a transaction with a related party of the company with whom the company may enter into transactions under subsection 483.1(1) and that is not a federal financial institution, the company shall not directly or indirectly make, take an assignment of or otherwise acquire a loan to the related party, make an acceptance, endorsement or other guarantee on behalf of the related party or make an investment in the securities of the related party if, immediately following the transaction, the aggregate financial exposure, as that expression is defined by the regulations, of the company would exceed (a) in respect of all transactions of the company with the related party, the prescribed percentage of the company’s regulatory capital or, if no percentage is prescribed, five per cent of the company’s regulatory capital; or (b) in respect of all transactions of the company with such related parties of the company, the prescribed percentage of the company’s regulatory capital or, if no percentage is prescribed, ten per cent of the company’s regulatory capital. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 483.2-483.3 Order (2) If the Superintendent is of the opinion that it is necessary for the protection of the interests of the depositors and creditors of a company, the Superintendent may, by order, (a) reduce the limit in paragraph (1)(a) or (b) that would otherwise apply to the company; and (b) impose limits on transactions by the company with related parties with whom the company may enter into transactions under subsection 483.1(1) that are federal financial institutions. Order (3) The Superintendent may, by order, increase the limit in paragraph (1)(a) or (b) that would otherwise apply to a company on transactions by the company with related parties that are financial institutions that are regulated in a manner acceptable to the Superintendent. 2001, c. 9, s. 552. Assets transactions 483.3 (1) Despite subsection 482(3), a company shall not, without the approval of the Superintendent and its conduct review committee, directly or indirectly acquire assets from a related party of the company with whom the company may enter into transactions under subsection 483.1(1) that is not a federal financial institution, or directly or indirectly transfer assets to such a related party if A+B>C where A is the value of the assets; B is the total value of all assets that the company directly or indirectly acquired from, or directly or indirectly transferred to, that related party in the 12 months ending immediately before the acquisition or transfer, other than assets acquired by or transferred to the company under transactions permitted by section 478; and C is five per cent, or the percentage that may be prescribed, of the total value of the assets of the company, as shown in the last annual statement of the company prepared before the acquisition or transfer. Exception (2) The prohibition in subsection (1) does not apply in respect of assets purchased or otherwise acquired under subsection 482(1), assets sold under subsection 482(2) or any other assets as may be prescribed. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Section 483.3 Exception (3) The approval of the Superintendent is not required if (a) the company purchases or sells assets under a sale agreement that is approved by the Minister under section 241; or (b) the company or its subsidiary acquires shares of, or ownership interests in, an entity for which the approval of the Minister under Part VII or subsection 453(5) is required or the approval of the Superintendent under subsection 453(6) is required. Value of assets (4) For the purposes of “A” in subsection (1), the value of the assets is (a) in the case of assets that are acquired, the purchase price of the assets or, if the assets are shares of, or ownership interests in, an entity the assets of which will be included in the annual statement of the company after the acquisition, the fair market value of the assets; and (b) in the case of assets that are transferred, the book value of the assets as stated in the last annual statement of the company prepared before the transfer or, if the assets are shares of, or ownership interests in, an entity the assets of which were included in the last annual statement of the company before the transfer, the value of the assets as stated in the annual statement. Total value of all assets (5) For the purposes of subsection (1), the total value of all assets that the company or any of its subsidiaries has acquired during the period of twelve months referred to in subsection (1) is the purchase price of the assets or, if the assets are shares of, or ownership interests in, an entity the assets of which immediately after the acquisition were included in the annual statement of the company, the fair market value of the assets of the entity at the date of the acquisition. Total value of all assets (6) For the purposes of subsection (1), the total value of all assets that the company or any of its subsidiaries has transferred during the period of twelve months referred to in subsection (1) is the book value of the assets as stated in the last annual statement of the company prepared Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 483.3-484 before the transfer or, if the assets are shares of, or ownership interests in, an entity the assets of which were included in the last annual statement of the company before the transfer, the value of the assets of the entity as stated in the annual statement. 2001, c. 9, s. 552; 2007, c. 6, s. 378. Directors and officers and their interests 484 (1) Subject to subsection (2) and sections 485 and 486, a company may enter into any transaction with a related party of the company if the related party is (a) a natural person who is a related party of the company only because the person is (i) a director or senior officer of the company or of an entity that controls the company, or (ii) the spouse or common-law partner, or a child who is less than eighteen years of age, of a director or senior officer of the company or of an entity that controls the company; or (b) an entity that is a related party of the company only because the entity is controlled by (i) a director or senior officer of the company or of an entity that controls the company, or (ii) the spouse or common-law partner, or a child who is less than eighteen years of age, of a director or senior officer referred to in subparagraph (i). Loans to full-time senior officers (2) A company may, with respect to a related party of the company referred to in subsection (1) who is a full-time senior officer of the company, make, take an assignment of or otherwise acquire a loan to the related party only if the aggregate principal amount of all outstanding loans to the related party that are held by the company and its subsidiaries, together with the principal amount of the proposed loan, does not exceed the greater of twice the annual salary of the related party and $100,000. Exception (3) Subsection (2) does not apply in respect of (a) loans referred to in paragraph 479(b), and (b) margin loans referred to in section 486, and the amount of any such loans to a related party of a company shall not be included in determining, for the purposes of subsection (2), the aggregate principal amount of all outstanding loans made by the company to the related party. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 484-485 Preferred terms — loan to senior officer (4) Notwithstanding section 489, a company may make a loan, other than a margin loan, to a senior officer of the company on terms and conditions more favourable to the officer than those offered to the public by the company if those terms and conditions have been approved by the conduct review committee of the company. Preferred terms — loan to spouse or common-law partner (5) Notwithstanding section 489, a company may make a loan referred to in paragraph 479(b) to the spouse or common-law partner of a senior officer of the company on terms and conditions more favourable than those offered to the public by the company if those terms and conditions have been approved by the conduct review committee of the company. Preferred terms — other financial services (6) Notwithstanding section 489, a company may offer financial services, other than loans or guarantees, to a senior officer of the company, or to the spouse or commonlaw partner, or a child who is less than eighteen years of age, of a senior officer of the company, on terms and conditions more favourable than those offered to the public by the company if (a) the financial services are offered by the company to employees of the company on those favourable terms and conditions; and (b) the conduct review committee of the company has approved the practice of making those financial services available on those favourable terms and conditions to senior officers of the company or to the spouses or common-law partners, or the children under eighteen years of age, of senior officers of the company. 1991, c. 45, s. 484; 1997, c. 15, s. 401; 2000, c. 12, ss. 300, 302. Board approval required 485 (1) Except with the concurrence of at least two thirds of the directors present at a meeting of the board of directors of the company, a company shall not, with respect to a related party of the company referred to in subsection 484(1), (a) make, take an assignment of or otherwise acquire a loan to the related party, including a margin loan referred to in section 486, (b) make a guarantee on behalf of the related party, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Section 485 (c) make an investment in the securities of the related party if, immediately following the transaction, the aggregate of (d) the principal amount of all outstanding loans to the related party that are held by the company and its subsidiaries, other than (i) loans referred to in paragraph 479(b), and (ii) if the related party is a full-time senior officer of the company, loans to the related party that are permitted by subsection 484(2), (e) the sum of all outstanding amounts guaranteed by the company and its subsidiaries on behalf of the related party, and (f) where the related party is an entity, the book value of all investments by the company and its subsidiaries in the securities of the entity would exceed 2 per cent of the regulatory capital of the company. Limit on transactions with directors, officers and their interests (2) A company shall not, with respect to a related party of the company referred to in subsection 484(1), (a) make, take an assignment of or otherwise acquire a loan to the related party, including a margin loan referred to in section 486, (b) make a guarantee on behalf of the related party, or (c) make an investment in the securities of the related party if, immediately following the transaction, the aggregate of (d) the principal amount of all outstanding loans to all related parties of the company referred to in subsection 484(1) that are held by the company and its subsidiaries, other than (i) loans referred to in section 479, and (ii) loans permitted by subsection 484(2), (e) the sum of all outstanding amounts guaranteed by the company and its subsidiaries on behalf of all related parties of the company referred to in subsection 484(1), and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Permitted Related Party Transactions Sections 485-489 (f) the book value of all investments by the company and its subsidiaries in the securities of all entities that are related parties of the company referred to in subsection 484(1) would exceed 50 per cent of the regulatory capital of the company. Exclusion of de minimis transactions (3) Loans, guarantees and investments that are referred to in section 478 shall not be included in calculating the aggregate of loans, guarantees and investments referred to in subsections (1) and (2). 1991, c. 45, s. 485; 1997, c. 15, s. 402. Margin loans 486 The Superintendent may establish terms and conditions with respect to the making by a company of margin loans to a director or senior officer of the company. 1991, c. 45, s. 486; 1997, c. 15, s. 403. Exemption by order 487 (1) A company may enter into a transaction with a related party of the company if the Superintendent, by order, has exempted the transaction from the provisions of section 477. Conditions for order (2) The Superintendent shall not make an order referred to in subsection (1) unless the Superintendent is satisfied that the decision of the company to enter into the transaction has not been and is not likely to be influenced in any significant way by a related party of the company and does not involve in any significant way the interests of a related party of the company. 1991, c. 45, s. 487; 1996, c. 6, s. 121. Prescribed transactions 488 A company may enter into a transaction with a related party of the company if the transaction is a prescribed transaction or one of a class of prescribed transactions. Restrictions on Permitted Transactions Market terms and conditions 489 (1) Except as provided in subsections 484(4) to (6), any transaction entered into with a related party of the company shall be on terms and conditions that are at least as favourable to the company as market terms and conditions. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Restrictions on Permitted Transactions Sections 489-492 Meaning of market terms and conditions (2) For the purposes of subsection (1), market terms and conditions means (a) in respect of a service or a loan facility or a deposit facility offered to the public by the company in the ordinary course of business, terms and conditions that are no more or less favourable than those offered to the public by the company in the ordinary course of business; and (b) in respect of any other transaction, (i) terms and conditions, including those relating to price, rent or interest rate, that might reasonably be expected to apply in a similar transaction in an open market under conditions requisite to a fair transaction between parties who are at arm’s length and who are acting prudently, knowledgeably and willingly, or (ii) if the transaction is one that would not reasonably be expected to occur in an open market between parties who are at arm’s length, terms and conditions, including those relating to price, rent or interest rate, that would reasonably be expected to provide the company with fair value, having regard to all the circumstances of the transaction, and that would be consistent with the parties to the transaction acting prudently, knowledgeably and willingly. 1991, c. 45, s. 489; 2001, c. 9, s. 553. 490 and 491 [Repealed, 1997, c. 15, s. 404] Disclosure Company obligation 492 (1) Where, in respect of any proposed transaction permitted by this Part, other than those referred to in section 478, a company has reason to believe that the other party to the transaction is a related party of the company, the company shall take all reasonable steps to obtain from the other party full disclosure, in writing, of any interest or relationship, direct or indirect, that would make the other party a related party of the company. Reliance on information (2) A company and any person who is a director or an officer, employee or agent of the company may rely on any information contained in any disclosure received by the company pursuant to subsection (1) or any information otherwise acquired in respect of any matter that might be the subject of such a disclosure and no action lies against the company or any such person for anything done or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XI Self-dealing Disclosure Sections 492-494 omitted in good faith in reliance on any such information. Notice to Superintendent 493 Where a company has entered into a transaction that the company is prohibited by this Part from entering into, or where a company has entered into a transaction for which approval is required under subsection 485(1) without having obtained the approval, the company shall, on becoming aware of that fact, notify the Superintendent without delay. 1991, c. 45, s. 493; 1997, c. 15, s. 405. Remedial Actions Order to void contract or to grant other remedy 494 (1) If a company enters into a transaction that it is prohibited from entering into by this Part, the company or the Superintendent may apply to a court for an order setting aside the transaction or for any other appropriate remedy, including an order directing that the related party of the company involved in the transaction account to the company for any profit or gain realized or that any director or senior officer of the company who authorized the transaction compensate the company for any loss or damage incurred by the company. Time limit (2) An application under subsection (1) in respect of a particular transaction may only be made within the period of three months following the day the notice referred to in section 493 in respect of the transaction is given to the Superintendent or, if no such notice is given, the day the Superintendent becomes aware of the transaction. Certificate (3) For the purposes of subsection (2), a document purporting to have been issued by the Superintendent, certifying the day on which the Superintendent became aware of the transaction, shall, in the absence of evidence to the contrary, be received in evidence as conclusive proof of that fact without proof of the signature or of the official character of the person appearing to have signed the document and without further proof. 1991, c. 45, s. 494; 2001, c. 9, s. 554. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Sections 495-499 PART XII Regulation of Companies — Superintendent Supervision Returns Required information 495 A company shall provide the Superintendent with such information, at such times and in such form as the Superintendent may require. 496 [Repealed, 2007, c. 6, s. 379] 497 [Repealed, 2007, c. 6, s. 379] 498 [Repealed, 2007, c. 6, s. 379] Names of directors and auditors 499 (1) A company shall, within thirty days after each annual meeting of the company, provide the Superintendent with a return showing (a) the name, residence and citizenship of each director holding office immediately following the meeting; (b) the mailing address of each director holding office immediately following the meeting; (c) the bodies corporate of which each director referred to in paragraph (a) is an officer or director and the firms of which each director is a member; (d) the affiliation, within the meaning of section 166, with the company of each director referred to in paragraph (a); (e) the names of the directors referred to in paragraph (a) who are officers or employees of the company or any affiliate of the company, and the positions they occupy; (f) the name of each committee of the company on which each director referred to in paragraph (a) serves; (g) the date of expiration of the term of each director referred to in paragraph (a); and (h) the name, address and date of appointment of the auditor of the company. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 499-501 Changes (2) Where (a) any information relating to a director or auditor of a company shown in the latest return made to the Superintendent under subsection (1), other than information referred to in paragraph (1)(c) or (d), becomes inaccurate or incomplete, (b) a vacancy in the position of auditor of the company occurs or is filled by another person, or (c) a vacancy on the board of directors of the company occurs or is filled, the company shall forthwith provide the Superintendent with such information as is required to maintain the return in a complete and accurate form. Copy of by-laws 500 A company shall send to the Superintendent, within thirty days after the coming into effect of a by-law or an amendment to a by-law, a copy of the by-law or amendment. 1991, c. 45, s. 500; 2001, c. 9, s. 556. Register of companies 501 (1) The Superintendent shall, in respect of each company for which an order approving the commencement and carrying on of business has been made, cause a register to be maintained containing a copy of (a) the incorporating instrument of the company; and (b) the information referred to in paragraphs 499(1)(a), (c) and (e) to (h) contained in the latest return sent to the Superintendent under section 499. Form (2) The register may be maintained in (a) a bound or loose-leaf form or in a photographic film form; or (b) a system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time. Access (3) Persons are entitled to reasonable access to the register and may make copies of or take extracts from the information in it. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 501-503 Evidence (4) A statement containing information in the register and purporting to be certified by the Superintendent is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated in the statement without proof of the appointment or signature of the Superintendent. 1991, c. 45, s. 501; 2001, c. 9, s. 556. Production of information and documents 502 (1) The Superintendent may, by order, direct a person who controls a company or any entity that is affiliated with a company to provide the Superintendent with such information or documents as may be specified in the order where the Superintendent believes that the production of the information or documents is necessary in order to be satisfied that the provisions of this Act are being duly observed and that the company is in a sound financial condition. Time (2) Any person to whom a direction has been issued under subsection (1) shall provide the information or documents specified in the order within the time specified in the order and, where the order does not specify a time, the person shall provide the information or documents within a reasonable time. Exemption (3) Subsection (1) does not apply in respect of an entity that controls a company or is affiliated with a company where that entity is a financial institution regulated (a) by or under an Act of Parliament; or (b) by or under an Act of the legislature of a province where the Superintendent has entered into an agreement with the appropriate official or public body responsible for the supervision of financial institutions in that province concerning the sharing of information on such financial institutions. Confidential information 503 (1) Subject to section 504.1, all information regarding the business or affairs of a company, or regarding a person dealing with a company, that is obtained by the Superintendent, or by any person acting under the direction of the Superintendent, as a result of the administration or enforcement of any Act of Parliament, and all information prepared from that information, is confidential and shall be treated accordingly. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 503-504 Disclosure permitted (2) Nothing in subsection (1) prevents the Superintendent from disclosing any information (a) to any government agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision, (a.01) to any other agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision, (a.1) to the Canada Deposit Insurance Corporation for purposes related to its operation; and (b) to the Deputy Minister of Finance or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance or to the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purposes of policy analysis related to the regulation of financial institutions, if the Superintendent is satisfied that the information will be treated as confidential by the agency, body or person to whom it is disclosed. 1991, c. 45, s. 503; 1996, c. 6, s. 122; 1997, c. 15, s. 406; 2001, c. 9, s. 557; 2007, c. 6, s. 380. Regulations 503.1 The Governor in Council may make regulations prohibiting, limiting or restricting the disclosure by companies of prescribed supervisory information. 1999, c. 28, s. 144. Evidentiary privilege 504 (1) Prescribed supervisory information shall not be used as evidence in any civil proceedings and is privileged for that purpose. No testimony or production (2) No person shall by an order of any court, tribunal or other body be required in any civil proceedings to give oral testimony or to produce any document relating to any prescribed supervisory information. Exceptions to subsection (1) (3) Despite subsection (1), (a) the Minister, the Superintendent or the Attorney General of Canada may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings; and Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 504-504.01 (b) a company may, in accordance with the regulations, if any, use prescribed supervisory information as evidence in any proceedings in relation to the administration or enforcement of this Act or the Winding-up and Restructuring Act that are commenced by the company, the Minister, the Superintendent or the Attorney General of Canada. Exceptions to subsections (1) and (2) (4) Despite subsections (1) and (2) and section 39.1 of the Office of the Superintendent of Financial Institutions Act, a court, tribunal or other body may, by order, require the Minister, the Superintendent or a company to give oral testimony or to produce any document relating to any prescribed supervisory information in any civil proceedings in relation to the administration or enforcement of this Act that are commenced by the Minister, the Superintendent, the Attorney General of Canada or the company. No waiver (5) The disclosure of any prescribed supervisory information, other than under subsection (3) or (4), does not constitute a waiver of the privilege referred to in subsection (1). Regulations (6) The Governor in Council may, for the purposes of subsection (3), make regulations respecting the circumstances in which prescribed supervisory information may be used as evidence. 1991, c. 45, s. 504; 1996, c. 6, s. 123; 2007, c. 6, s. 381; 2015, c. 36, s. 232. No waiver 504.01 (1) For greater certainty, the disclosure by a company — or by a person who controls a company or by an entity that is affiliated with a company — to the Superintendent of any information that is subject to a privilege under the law of evidence, solicitor-client privilege or the professional secrecy of advocates and notaries or to litigation privilege does not constitute a waiver of any of those privileges or that secrecy. No disclosure (2) The Superintendent shall not disclose any information referred to in subsection (1) to any person whose powers, duties or functions include (a) the investigation or prosecution of an offence under any Act of Parliament or of the legislature of a province; or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 504.01-504.3 (b) the investigation of, or conduct of proceedings in respect of, a violation under an Act referred to in paragraph (a). 2018, c. 27, s. 168. Disclosure by Superintendent 504.1 (1) The Superintendent shall disclose at such times and in such manner as the Minister may determine, such information obtained by the Superintendent under this Act as the Minister considers ought to be disclosed for the purposes of the analysis of the financial condition of a company and that (a) is contained in returns filed pursuant to the Superintendent’s financial regulatory reporting requirements in respect of companies; or (b) has been obtained as a result of an industry-wide or sectoral survey conducted by the Superintendent in relation to an issue or circumstances that could have an impact on the financial condition of companies. Prior consultation required (2) The Minister shall consult with the Superintendent before making any determination under subsection (1). 1996, c. 6, s. 124. Disclosure by a company 504.2 (1) A company shall make available to the public such information concerning (a) the compensation of its executives, as that expression is defined by the regulations, and (b) its business and affairs for the purpose of the analysis of its financial condition, in such form and manner and at such times as may be required by or pursuant to such regulations as the Governor in Council may make for the purpose. Exemption by regulation (2) Paragraph (1)(a) does not apply to a company that is within such class or classes of companies as may be prescribed. 1996, c. 6, s. 124. Exceptions to disclosure 504.3 Subject to any regulations made under section 444, no information obtained by a company regarding any of its customers shall be disclosed or made available under subsection 504.1(1) or section 504.2. 1996, c. 6, s. 124. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Supervision Returns Sections 504.4-506.1 Report respecting disclosure 504.4 The Superintendent shall prepare a report, to be included in the report referred to in section 40 of the Office of the Superintendent of Financial Institutions Act, respecting the disclosure of information by companies and describing the state of progress made in enhancing the disclosure of information in the financial services industry. 1996, c. 6, s. 124; 2001, c. 9, s. 558. Inspection of Companies Examination of companies 505 (1) The Superintendent, from time to time, but at least once in each calendar year, shall make or cause to be made any examination and inquiry into the business and affairs of each company that the Superintendent considers to be necessary or expedient to determine whether the company is complying with the provisions of this Act and whether the company is in a sound financial condition and, after the conclusion of each examination and inquiry, shall report on it to the Minister. Access to records of company (2) The Superintendent or a person acting under the Superintendent’s direction (a) has a right of access to any records, cash, assets and security held by or on behalf of a company; and (b) may require the directors, officers and auditor of a company to provide information and explanations, to the extent that they are reasonably able to do so, in respect of the condition and affairs of the company or any entity in which the company has a substantial investment. 1991, c. 45, s. 505; 2001, c. 9, s. 559; 2012, c. 5, s. 180. Power of Superintendent on inquiry 506 The Superintendent has all the powers of a person appointed as a commissioner under Part II of the Inquiries Act for the purpose of obtaining evidence under oath, and may delegate those powers to any person acting under the Superintendent’s direction. Remedial Powers Prudential Agreements Prudential agreement 506.1 The Superintendent may enter into an agreement, called a “prudential agreement”, with a company for the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Prudential Agreements Sections 506.1-509 purposes of implementing any measure designed to maintain or improve its safety and soundness. 2001, c. 9, s. 560. Directions of Compliance Superintendent’s directions to company 507 (1) Where, in the opinion of the Superintendent, a company, or a person with respect to a company, is committing, or is about to commit, an act that is an unsafe or unsound practice in conducting the business of the company, or is pursuing or is about to pursue any course of conduct that is an unsafe or unsound practice in conducting the business of the company, the Superintendent may direct the company or person to (a) cease or refrain from committing the act or pursuing the course of conduct; and (b) perform such acts as in the opinion of the Superintendent are necessary to remedy the situation. Opportunity for representations (2) Subject to subsection (3), no direction shall be issued to a company or person under subsection (1) unless the company or person is provided with a reasonable opportunity to make representations in respect of the matter. Temporary direction (3) Where, in the opinion of the Superintendent, the length of time required for representations to be made under subsection (2) might be prejudicial to the public interest, the Superintendent may make a temporary direction with respect to the matters referred to in paragraphs (1)(a) and (b) having effect for a period of not more than fifteen days. Idem (4) Subject to section 508, a temporary direction under subsection (3) continues to have effect after the expiration of the fifteen day period referred to in that subsection if no representations are made to the Superintendent within that period or, if representations have been made, the Superintendent notifies the company or person that the Superintendent is not satisfied that there are sufficient grounds for revoking the direction. 508 [Repealed, 1996, c. 6, s. 125] Court enforcement 509 (1) Where a company or person (a) is contravening or has failed to comply with a prudential agreement entered into under section 506.1 or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Directions of Compliance Sections 509-509.1 a direction of the Superintendent issued to the company or person pursuant to subsection 507(1) or (3), (b) is contravening this Act, or (c) has omitted to do any thing under this Act that is required to be done by or on the part of the company or person, the Superintendent may, in addition to any other action that may be taken under this Act, apply to a court for an order requiring the company or person to comply with the prudential agreement or direction, cease the contravention or do any thing that is required to be done, and on such application the court may so order and make any other order it thinks fit. Appeal (2) An appeal from a decision of a court under subsection (1) lies in the same manner, and to the same court, as an appeal from any other order of the court. 1991, c. 45, s. 509; 2001, c. 9, s. 561. Disqualification and Removal of Directors or Senior Officers Meaning of senior officer 509.01 In sections 509.1 and 509.2, senior officer means the chief executive officer, secretary, treasurer or controller of a company or any other officer reporting directly to the company’s board of directors or chief executive officer. 2001, c. 9, s. 562. Application 509.1 (1) This section applies only in respect of a company (a) that has been notified by the Superintendent that this section applies to it where the company is subject to measures designed to maintain or improve its safety and soundness, which measures (i) have been specified by the Superintendent by way of conditions or limitations in respect of the order approving the commencement and carrying on of the company’s business, or (ii) are contained in a prudential agreement entered into under section 506.1 or an undertaking given by the company to the Superintendent; or (b) that is the subject of a direction made under section 507 or an order made under subsection 473(3). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Disqualification and Removal of Directors or Senior Officers Section 509.1 Information to be provided (2) A company shall provide the Superintendent with the name of (a) each person who has been nominated for election or appointment as a member of its board of directors, (b) each person who has been selected by the company for appointment as a senior officer, and (c) each person who is newly elected as a director of the company at a meeting of shareholders and who was not proposed for election by anyone involved in the management of the company, together with such other information about the background, business record and experience of the person as the Superintendent may require. When information to be provided (3) The information required by subsection (2) shall be provided to the Superintendent (a) at least thirty days prior to the date or proposed date of the election or appointment or within such shorter period as the Superintendent may allow; or (b) in the case of a person referred to in paragraph (2)(c), within fifteen days after the date of the election of the person. Disqualification or removal (4) If the Superintendent is of the opinion that, on the basis of the competence, business record, experience, conduct or character of a person, he or she is not suitable to hold that position, the Superintendent may, by order (a) in the case of a person referred to in paragraph (2)(a) or (b), disqualify the person from being elected or appointed as a director of a company or from being appointed as a senior officer; or (b) in the case of a person referred to in paragraph (2)(c), remove the person from office as a director of the company. Risk of prejudice (4.1) In forming an opinion under subsection (4), the Superintendent must consider whether the interests of the depositors and creditors of the company would likely be prejudiced if the person were to take office or continue to hold office, as the case may be. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Disqualification and Removal of Directors or Senior Officers Sections 509.1-509.2 Representations may be made (5) The Superintendent must in writing notify the person concerned and the company of any action that the Superintendent proposes to take under subsection (4) and must afford them an opportunity within 15 days after the date of the notice, or within any longer period that the Superintendent allows, to make representations to the Superintendent in relation to the matter. Prohibition (6) Where an order has been made under subsection (4) (a) disqualifying a person from being elected or appointed to a position, the person shall not be, and the company shall not permit the person to be, elected or appointed to the position; or (b) removing a director from office, the person shall not continue to hold, and the company shall not permit the person to continue to hold, office as a director. 1996, c. 6, s. 126; 2001, c. 9, s. 563. Removal of directors or senior officers 509.2 (1) The Superintendent may, by order, remove a person from office as a director or senior officer of a company if the Superintendent is of the opinion that the person is not suitable to hold that office (a) on the basis of the competence, business record, experience, conduct or character of the person; or (b) because the person has contravened or, by action or negligence, has contributed to the contravention of (i) this Act or the regulations made under it, (ii) a direction made under section 507, (iii) an order made under subsection 473(3), (iv) a condition or limitation in respect of the order approving the commencement and carrying on the company’s business, or (v) a prudential agreement entered into under section 506.1 or an undertaking given by the company to the Superintendent. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Disqualification and Removal of Directors or Senior Officers Section 509.2 Risk of prejudice (2) In forming an opinion under subsection (1), the Superintendent must consider whether the interests of the depositors and creditors of the company have been or are likely to be prejudiced by the person’s holding office as a director or senior officer. Representations may be made (3) The Superintendent must in writing notify the person concerned and the company of any removal order that the Superintendent proposes to make under subsection (1) and must afford them an opportunity within 15 days after the date of the notice, or within any longer period that the Superintendent allows, to make representations to the Superintendent in relation to the matter. Suspension (4) If the Superintendent is of the opinion that the public interest may be prejudiced by the director or senior officer continuing to exercise the powers or carry out the duties and functions of that office during the period for making representations, the Superintendent may make an order suspending the director or senior officer. The suspension may not extend beyond 10 days after the expiration of that period. Notice of order (5) The Superintendent shall, without delay, notify the director or senior officer, as the case may be, and the company of a removal order or suspension order. Consequences of removal order (6) The director or senior officer, as the case may be, ceases to hold that office as of the date the removal order is made or any later date specified in the order. Appeal (7) The director or senior officer, as the case may be, or the company may, within 30 days after the date of receipt of notice of the removal order under subsection (5), or within any longer period that the Court allows, appeal the matter to the Federal Court. Powers of Federal Court (8) The Federal Court, in the case of an appeal, may dismiss the appeal or set aside the removal order. Order not stayed by appeal (9) A removal order is not stayed by an appeal. 2001, c. 9, s. 564. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Supervisory Intervention Section 510 Supervisory Intervention Superintendent may take control 510 (1) Subject to this Act, where any of the circumstances described in subsection (1.1) exist in respect of a company, the Superintendent may (a) take control, for a period not exceeding sixteen days, of the assets of the company and the assets held in trust by or under the administration of the company; or (b) unless the Minister advises the Superintendent that the Minister is of the opinion that it is not in the public interest to do so, (i) take control, for a period exceeding sixteen days, of the assets of the company and the assets held in trust by or under the administration of the company, (ii) where control of assets has been taken under paragraph (a), continue the control beyond the sixteen days referred to in that paragraph, or (iii) take control of the company. Circumstances for taking control (1.1) Control by the Superintendent under subsection (1) may be taken in respect of a company where (a) the company has failed to pay its liabilities or, in the opinion of the Superintendent, will not be able to pay its liabilities as they become due and payable; (b) [Repealed, 2001, c. 9, s. 565] (c) the assets of the company are not, in the opinion of the Superintendent, sufficient to give adequate protection to the company’s depositors and creditors; (d) any asset appearing on the books or records of the company or held in trust by or under the administration of the company is not, in the opinion of the Superintendent, satisfactorily accounted for; (e) the regulatory capital of the company has, in the opinion of the Superintendent, reached a level or is eroding in a manner that may detrimentally affect the company’s depositors or creditors; (f) the company has failed to comply with an order of the Superintendent under paragraph 473(3)(a); Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Supervisory Intervention Section 510 (g) the company’s deposit insurance has been terminated by the Canada Deposit Insurance Corporation; or (h) in the opinion of the Superintendent, any other state of affairs exists in respect of the company that may be materially prejudicial to the interests of the company’s depositors or creditors or the beneficiaries of any trust under the company’s administration, including where proceedings under a law relating to bankruptcy or insolvency have been commenced in Canada or elsewhere in respect of the holding body corporate of the company. Notice of proposed action (1.2) The Superintendent must notify a company of any action proposed to be taken in respect of it under paragraph (1)(b) and of its right to make written representations to the Superintendent within the time specified in the notice not exceeding ten days after it receives the notice. Objectives of Superintendent (2) Where, pursuant to subsection (1), the Superintendent has control of the assets of a company referred to in that subsection, the Superintendent may do all things necessary or expedient to protect the rights and interests of the depositors and creditors of the company or the beneficiaries of any trust under the administration of the company. Powers of Superintendent (3) Where, pursuant to subsection (1), the Superintendent has control of the assets of a company referred to in that subsection, (a) the company shall not make, acquire or transfer any loan or make any purchase, sale or exchange of securities or any disbursement or transfer of cash of any kind without the prior approval of the Superintendent or a representative designated by the Superintendent; and (b) no director, officer or employee of the company shall have access to any cash or securities held by or under the administration of the company unless (i) a representative of the Superintendent accompanies the director, officer or employee, or (ii) the access is previously authorized by the Superintendent or the Superintendent’s representative. 1991, c. 45, s. 510; 1996, c. 6, s. 127; 2001, c. 9, s. 565. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Supervisory Intervention Sections 511 to 513-515.1 511 to 513 [Repealed, 1996, c. 6, s. 128] Powers of directors and officers suspended 514 (1) Where the Superintendent takes control of a company pursuant to subparagraph 510(1)(b)(iii), the powers, duties, functions, rights and privileges of the directors of the company and of the officers of the company responsible for its management are suspended. Superintendent to manage company (2) Where the Superintendent takes control of a company pursuant to subparagraph 510(1)(b)(iii), the Superintendent shall manage the business and affairs of the company and in so doing the Superintendent (a) may perform any of the duties and functions that the persons referred to in subsection (1) were performing prior to the taking of control; and (b) has and may exercise any power, right or privilege that any such person had or could have exercised prior to the taking of control. Persons to assist (3) Where the Superintendent takes control of a company pursuant to subparagraph 510(1)(b)(iii), the Superintendent may appoint one or more persons to assist in the management of the company. 1991, c. 45, s. 514; 1996, c. 6, s. 129. Expiration of control 515 Control by the Superintendent under subsection 510(1) of a company or of the assets of a company and the assets held in trust by or under the administration of the company expires on the day on which a notice by the Superintendent is sent to the directors and officers who conducted the business and affairs of the company stating that the Superintendent is of the opinion that the circumstances leading to the taking of control by the Superintendent have been substantially rectified and that the company can resume control of its business and affairs. 1991, c. 45, s. 515; 1996, c. 6, s. 129. Superintendent may request winding-up 515.1 The Superintendent may, at any time before the receipt of a request under section 516 to relinquish control of a company or of the assets of a company and the assets held in trust by or under the administration of the company, request the Attorney General of Canada to apply for a winding-up order under section 10.1 of the Winding-up and Restructuring Act in respect of the company where (a) the assets of the company and the assets held in trust by or under the administration of the company Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Supervisory Intervention Sections 515.1-518 are under the control of the Superintendent pursuant to subparagraph 510(1)(b)(i) or (ii); or (b) the company is under the control of the Superintendent pursuant to subparagraph 510(1)(b)(iii). 1996, c. 6, s. 129. Requirement to relinquish control 516 Where no action has been taken by the Superintendent under section 515.1 and, after thirty days following the taking of control by the Superintendent under subsection 510(1) of a company or of the assets of a company and the assets held in trust by or under the administration of the company, the Superintendent receives from its board of directors a notice in writing requesting the Superintendent to relinquish control, the Superintendent must, not later than twelve days after receipt of the notice, (a) comply with the request; or (b) request the Attorney General of Canada to apply for a winding-up order under section 10.1 of the Winding-up and Restructuring Act in respect of the company. 1991, c. 45, s. 516; 1996, c. 6, s. 129. Advisory committee 517 The Superintendent may, from among the companies that are subject to an assessment under section 23 of the Office of the Superintendent of Financial Institutions Act and required to share in the expenses resulting from the taking of control of a company pursuant to subsection 510(1), appoint a committee of not more than six members to advise the Superintendent in respect of assets, management and all other matters pertinent to the duties and responsibilities of the Superintendent in exercising control of the company. 1991, c. 45, s. 517; 1996, c. 6, s. 129. Expenses payable by company 518 (1) Where the Superintendent has taken control of a company pursuant to subparagraph 510(1)(b)(iii) and the control expires or is relinquished pursuant to section 515 or paragraph 516(a), the Superintendent may direct that the company be liable for repayment of all or part of the expenses resulting from the taking of control of the company and assessed against and paid by other companies pursuant to section 23 of the Office of the Superintendent of Financial Institutions Act, together with such interest in respect thereof at such rate as is specified by the Superintendent. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII Regulation of Companies — Superintendent Remedial Powers Supervisory Intervention Sections 518-520.2 Debt due to Her Majesty (2) Where any direction is made under subsection (1), the amount for which the company is liable is a debt due to Her Majesty in right of Canada payable on demand and is recoverable in the Federal Court or any other court of competent jurisdiction. 1991, c. 45, s. 518; 1996, c. 6, s. 130. Priority of claim in liquidation 519 In the case of the winding-up of a company, the expenses resulting from the taking of control of the company under subsection 510(1) and assessed against and paid by other companies pursuant to section 23 of the Office of the Superintendent of Financial Institutions Act, and interest in respect thereof at such rate as is specified by the Superintendent, constitute a claim of Her Majesty in right of Canada against the assets of the company that ranks after all other claims but prior to any claim in respect of the shares of the company. 1991, c. 45, s. 519; 1996, c. 6, s. 131(E). Application of assessment 520 Any amount recovered pursuant to section 518 or 519 shall be applied to reduce the total amount of expenses incurred for or in connection with the administration of this Act. PART XII.1 Regulation of Companies — Commissioner Required information 520.1 A company shall provide the Commissioner with the information at the times and in the form that the Commissioner may require for the purposes of the administration of the Financial Consumer Agency of Canada Act and the consumer provisions. 2001, c. 9, s. 566. Confidential information 520.2 (1) Subject to subsection (2), information regarding the business or affairs of a company or regarding persons dealing with one that is obtained by the Commissioner or by any person acting under the direction of the Commissioner, in the course of the exercise or performance of powers, duties and functions referred to in subsection 5(1) of the Financial Consumer Agency of Canada Act, and any information prepared from that information, is confidential and shall be treated accordingly. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII.1 Regulation of Companies — Commissioner Sections 520.2-520.4 Disclosure permitted (2) If the Commissioner is satisfied that the information will be treated as confidential by the agency, body or person to whom it is disclosed, subsection (1) does not prevent the Commissioner from disclosing it (a) to any government agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision; (b) to any other agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision; (c) to the Canada Deposit Insurance Corporation for purposes related to its operation; and (d) to the Deputy Minister of Finance or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance or to the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purposes of policy analysis related to the regulation of financial institutions. 2001, c. 9, s. 566. Examination 520.3 (1) The Commissioner, from time to time, but at least once in each calendar year, shall make or cause to be made any examination and inquiry that the Commissioner considers necessary for the purposes of satisfying the Commissioner that the applicable consumer provisions are being complied with and, after the conclusion of each examination and inquiry, shall report on it to the Minister. Access to records of company (2) The Commissioner or a person acting under the Commissioner’s direction in carrying out his or her duties under subsection (1) (a) has a right of access to any records, including electronic records, of a company; and (b) may require the directors or officers of a company to provide information and explanations, to the extent that they are reasonably able to do so, in respect of any matter subject to examination or inquiry under subsection (1). 2001, c. 9, s. 566. Power of Commissioner on inquiry 520.4 The Commissioner, in carrying out his or her duties in relation to consumer provisions, has all the powers of a person appointed as a commissioner under Part II of Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XII.1 Regulation of Companies — Commissioner Sections 520.4-522 the Inquiries Act for the purpose of obtaining evidence under oath, and may delegate those powers to any person acting under the Commissioner’s direction. 2001, c. 9, s. 566. Compliance agreement 520.5 The Commissioner may enter into an agreement, called a “compliance agreement”, with a company for the purposes of implementing any measure designed to further compliance by it with the consumer provisions. 2001, c. 9, s. 566. PART XIII Administration Notices and Other Documents Execution of documents 520.6 Any by-law, notice, resolution, requisition, statement or other document required or permitted to be executed or signed by more than one person for the purposes of this Act may be executed or signed in several documents of like form, each of which is executed or signed by one or more of the persons. The documents if duly executed or signed by all persons required or permitted to sign them are deemed to constitute one document for the purposes of this Act. 2005, c. 54, s. 446. Notice to directors and shareholders 521 A notice or document required by this Act or the regulations or by the incorporating instrument or bylaws of a company to be sent to a shareholder or director of a company may be sent by prepaid mail addressed to, or may be delivered personally to, (a) the shareholder at the shareholder’s latest address as shown in the records of the company or its transfer agent; and (b) the director at the director’s latest address as shown in the records of the company or in the latest return made under section 499. Presumption from return 522 A director named in the latest return sent by a company to the Superintendent under section 499 is presumed for the purposes of this Act to be a director of the company referred to in the return. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Notices and Other Documents Sections 523-525 Presumption of receipt 523 (1) A notice or document sent by mail in accordance with section 521 to a shareholder or director is deemed to be received by the shareholder or director at the time it would be delivered in the ordinary course of mail unless there are reasonable grounds for believing that the shareholder or director did not receive the notice or document at that time or at all. Undelivered notices (2) If a company sends a notice or document to a shareholder in accordance with section 521 and it is returned on two consecutive occasions because the shareholder cannot be found, the company is not required to send any further notices or documents to the shareholder until it is informed in writing of their new address. 1991, c. 45, s. 523; 2005, c. 54, s. 447. Service on a company 524 A notice or document required by this Act to be sent to or served on a company may be sent by registered mail to the head office of the company and, if so sent, is deemed to be received or served at the time it would be delivered in the ordinary course of mail unless there are reasonable grounds for believing that the company did not receive the notice or document at that time or at all. Certificate of company 525 (1) A certificate issued on behalf of a company stating any fact that is set out in the incorporating instrument, the by-laws, the minutes of the meetings of the directors, a committee of directors or the shareholders, or in a contract to which the company is a party, may be signed by a director or an officer of the company. Proof of certain cases (2) When introduced as evidence in any civil, criminal or administrative action or proceeding, (a) a fact stated in a certificate referred to in subsection (1), (b) a certified extract from a securities register of a company, or (c) a certified copy of, or an extract from, minutes of a meeting of shareholders, directors or a committee of directors of a company is, in the absence of evidence to the contrary, proof of the facts so certified without proof of the signature or official character of the person appearing to have signed the certificate. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Notices and Other Documents Sections 526-527.1 Entry in securities register 526 An entry in the securities register of, or on a security certificate issued by, a company is evidence that the person in whose name the security is registered is the owner of the securities described in the register or in the certificate. 1991, c. 45, s. 526; 2005, c. 54, s. 448(F). Verification of documents or fact 527 (1) The Superintendent may require that a document or a fact stated in a document that is required by or under this Act to be sent to the Superintendent or to the Minister be verified in accordance with subsection (2). Form of proof (2) A document or fact required by this Act or by the Superintendent to be verified may be verified by affidavit made under oath or by statutory declaration under the Canada Evidence Act before any commissioner for oaths or for taking affidavits. Alternative means of publication 527.1 (1) Anything that is required by a provision of this Act to be published in the Canada Gazette or to be published in any other way may, instead of being published in that way, be published in any manner that may be prescribed for the purpose of that provision. Alternative means of publishing summaries (2) Anything that is required by a provision of this Act to be summarized in a publication may instead be summarized and published in any manner that may be prescribed for the purpose of that provision. Publication conditions (3) Any condition under a provision of this Act that something be published in the Canada Gazette or in any other way is satisfied if that thing is published instead in any manner that may be prescribed for the purpose of that provision. Other consequences (4) Where a provision of this Act provides for consequences to follow the publication of something in the Canada Gazette or in any other manner, the same consequences follow the publication of that thing in any other manner that may be prescribed for the purpose of that provision. 1997, c. 15, s. 407. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Approvals Sections 527.2-527.4 Approvals Definition of approval 527.2 In sections 527.3 to 527.8, approval includes any consent, designation, order, exemption, extension or other permission granted by the Minister or the Superintendent under this Act, and includes the issuance of letters patent. 2001, c. 9, s. 567; 2007, c. 6, s. 382. Matters to take into account — Minister 527.3 (1) In addition to any matters or conditions provided for in this Act that are relevant to the granting of an approval, the Minister may, in considering whether to grant the approval, take into account all matters that he or she considers relevant in the circumstances, including (a) national security; and (b) Canada’s international relations and its international legal obligations. Matters to take into account — Superintendent (2) In addition to any matters or conditions provided for in this Act that are relevant to the granting of an approval and to any prudential considerations that the Superintendent considers relevant in the circumstances, the Superintendent may, in considering whether to grant the approval, take into account (a) national security; and (b) Canada’s international relations and its international legal obligations. 2007, c. 6, s. 382. Minister — terms, conditions and undertakings 527.4 (1) In addition to any other action that may be taken under this Act, the Minister may, in granting an approval, impose any terms and conditions or require any undertaking that the Minister considers appropriate, including any terms, conditions or undertakings specified by the Superintendent to maintain or improve the safety and soundness of any financial institution regulated under an Act of Parliament to which the approval relates or that might be affected by it. Commissioner — supervision of terms, conditions and undertakings (1.1) If the Minister specifies that the Commissioner is to supervise a company to determine if it is complying with any terms and conditions that are imposed, or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Approvals Sections 527.4-527.6 undertakings that are required, by the Minister for the protection of the company’s customers, the Commissioner may take the same measures that the Commissioner could take if the terms and conditions or undertaking were a consumer provision. Superintendent — terms, conditions and undertakings (2) In addition to any other action that may be taken under this Act, the Superintendent may, in granting an approval, impose any terms and conditions or require any undertaking that the Superintendent considers appropriate. 2007, c. 6, s. 382; 2010, c. 12, s. 1861. Revocation, suspension or amendment of approval — Minister 527.5 (1) The Minister may revoke, suspend or amend any approval granted by the Minister if he or she considers it appropriate to do so. In deciding whether to take any of those actions, the Minister may take into account all matters that he or she considers relevant in the circumstances, including (a) national security; and (b) Canada’s international relations and its international legal obligations. Revocation, suspension or amendment of approval — Superintendent (2) The Superintendent may revoke, suspend or amend any approval granted by the Superintendent if he or she considers it appropriate to do so. In deciding whether to take any of those actions, the Superintendent may take into account any prudential considerations that he or she considers relevant in the circumstances and (a) national security; and (b) Canada’s international relations and its international legal obligations. Representations (3) Before taking any action under this section, the Minister or the Superintendent, as the case may be, shall give the person concerned a reasonable opportunity to make representations. 2007, c. 6, s. 382. Effect of non-compliance on approval 527.6 (1) Unless otherwise expressly provided in this Act, a failure to comply with a term, condition or undertaking imposed or required under any provision of this Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Approvals Sections 527.6-527.8 Act does not invalidate the approval to which the term, condition or undertaking relates. Non-compliance (2) In addition to any other action that may be taken under this Act, in the case of non-compliance by a person with a term, condition or undertaking imposed or required under any provision of this Act, the Minister or the Superintendent, as the case may be, may (a) revoke, suspend or amend the approval to which the term, condition or undertaking relates; or (b) apply to a court for an order directing the person to comply with the term, condition or undertaking, and on such an application the court may make the order and any other order that it thinks fit. Representations (3) Before taking any action under subsection (2), the Minister or the Superintendent, as the case may be, shall give the person concerned a reasonable opportunity to make representations. Revocation, suspension or amendment (4) At the request of the person concerned, the Minister or the Superintendent, as the case may be, may revoke, suspend or amend any terms or conditions imposed by him or her and may revoke or suspend an undertaking given to him or her or approve its amendment. 2007, c. 6, s. 382. Multiple approval — other approvals 527.7 The Minister or the Superintendent may grant more than one approval, other than letters patent, in a single instrument if he or she considers it appropriate to do so, and if the Minister or Superintendent does so, he or she may specify different effective dates for each of the approvals. 2007, c. 6, s. 382. Exemption in relation to notices of intention 527.8 The Superintendent may, on application, exempt an applicant or applicants from the provisions of this Act respecting the publication of a notice of intention in respect of applications for approvals and impose any terms and conditions respecting the publication of the notice of intention that he or she considers appropriate. 2007, c. 6, s. 382. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Exceptions to Generally Accepted Accounting Principles Sections 527.81-527.9 Exceptions to Generally Accepted Accounting Principles Calculations — generally accepted accounting principles 527.81 (1) If, as a result of a change to the accounting principles referred to in subsection 313(4) — whether the change is made before or after this section comes into force — the Superintendent considers, given any prudential considerations that he or she considers relevant, that any amount, calculation or valuation under this Act or the regulations is not appropriate, the Superintendent may specify the amount that is to be used or the calculation or valuation that is to be performed instead. Canada Gazette (2) The Superintendent shall cause a notice of the specification to be published in the Canada Gazette within 60 days after the day on which the specification has effect. Five-year limit (3) The specification ceases to have effect on the day indicated in the notice, which may be no later than five years after the day on which the specification is made. 2012, c. 5, s. 181. Orders to Exempt or Adapt Order 527.9 (1) On the recommendation of the Minister, the Governor in Council may, by order, (a) provide that any provision of this Act or the regulations shall not apply to a company, to Her Majesty in right of Canada or an agent or agency of Her Majesty or to any other person otherwise subject to the provision; and (b) provide that any provision of this Act or the regulations applies to a company, to Her Majesty in right of Canada or Her Majesty’s agent or agency or to any other person subject to the provision only in the manner and to the extent provided for in the order, and adapt the provision for the purposes of that application. Minister’s recommendation (2) The Minister may make a recommendation under subsection (1) only if the Minister (a) is of the opinion that the order would relate to Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Orders to Exempt or Adapt Section 527.9 (i) the acquisition, holding, sale or other disposition of, or other dealing with, shares of a company by, or the transfer or issue of shares of a company to, Her Majesty in right of Canada or Her Majesty’s agent or agency, or (ii) the management of the business and affairs or the regulation and supervision of a company during the time that Her Majesty or Her Majesty’s agent or agency is acquiring, holding, selling or otherwise disposing of, or otherwise dealing with, shares of the company, or during the time that shares of the company are transferred or issued to Her Majesty or Her Majesty’s agent or agency; and (b) is of the opinion — after considering measures other than an order under that subsection and after consulting with the Superintendent, the Governor of the Bank of Canada and the Chief Executive Officer of the Canada Deposit Insurance Corporation — that the order will promote the stability of the financial system in Canada. Terms and conditions (3) On the recommendation of the Minister, the Governor in Council may, by order, impose any terms and conditions relating to the acquisition of shares of a company by, or transfer or issue of shares of a company to, Her Majesty in right of Canada or Her Majesty’s agent or agency. Repeal of order under subsection (1) (4) The Minister may recommend the repeal of an order made under subsection (1) without regard to subsection (2). Terms, conditions and undertakings (5) From the time that Her Majesty in right of Canada or an agent or agency of Her Majesty acquires shares of a company to the time that the shares are sold or otherwise disposed of, the Minister may, by order, impose any terms and conditions on — or require any undertaking from — the company that the Minister considers appropriate, including any terms and conditions or undertakings relating to (a) the remuneration of the company’s senior officers, as defined in section 509.01, and directors; (b) the appointment or removal of the company’s senior officers, as defined in section 509.01, and directors; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Orders to Exempt or Adapt Section 527.9 (c) the payment of dividends by the company; and (d) the company’s lending policies and practices. Acquisition (6) Despite Part X of the Financial Administration Act, the Minister or an agent or agency of Her Majesty in right of Canada may, on any terms and conditions imposed under subsection (3), acquire and hold shares of a company on behalf of or in trust for Her Majesty if, as a result of an order under subsection (1), the company may record in its securities register the transfer or issue of shares to Her Majesty or an agent or agency of Her Majesty. Payment out of C.R.F. (7) On the requisition of the Minister, there may be paid out of the Consolidated Revenue Fund the amount that the Minister or an agent or agency of Her Majesty in right of Canada is required to pay for the acquisition of shares under subsection (6) and any costs and expenses incurred in connection with the acquisition, holding, sale or other disposition of, or other dealing with, the shares. Registration of shares (8) Shares acquired under subsection (6) by the Minister or an agent or agency of Her Majesty in right of Canada shall be registered in the name of the Minister, agent or agency, as the case may be, in the company’s securities register if they are capable of being registered in it, and the shares shall be held by the Minister, agent or agency, as the case may be, on behalf of or in trust for Her Majesty. Disposition by Minister (9) The Minister may, at any time, sell or otherwise dispose of shares acquired under subsection (6). The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition. Disposition by agent or agency (10) An agent or agency of Her Majesty in right of Canada — at the request of the Minister, which may be made at any time — shall sell or otherwise dispose of shares acquired under subsection (6). The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Orders to Exempt or Adapt Sections 527.9-529 Consideration by Minister (11) If the Minister or an agent or agency of Her Majesty in right of Canada is holding shares of a company on behalf of or in trust for Her Majesty on the day that is two years after the day on which the shares were acquired, the Minister shall consider whether holding the shares continues to promote the stability of the financial system in Canada. Mandatory disposition (12) If the Minister, under subsection (11), considers that holding shares acquired under subsection (6) no longer continues to promote the stability of the financial system in Canada, the Minister — or, at the request of the Minister, the agent or agency of Her Majesty in right of Canada — shall take the measures that the Minister considers practicable in the circumstances to sell or otherwise dispose of the shares. The Surplus Crown Assets Act and section 61 of the Financial Administration Act do not apply to the sale or disposition. Not a Crown corporation (13) Even if the acquisition of a company’s shares under subsection (6) would otherwise cause the company to be a Crown corporation, as defined in subsection 83(1) of the Financial Administration Act, the company is not a Crown corporation for the purposes of that Act. Statutory Instruments Act (14) The Statutory Instruments Act does not apply to an order made under this section. Definition of shares (15) For the purposes of this section, shares includes any conversion or exchange privilege, option or right to acquire shares. 2009, c. 2, s. 292; 2016, c. 7, s. 174. Orders and Directives Not statutory instruments 528 An instrument issued or made under this Act and directed to a single company or person, other than an order referred to in section 487, is not a statutory instrument for the purposes of the Statutory Instruments Act. Form 529 The Superintendent may, by order, establish the form of any application to be made to the Minister or the Superintendent under this Act. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Applications to Superintendent Section 529.1 Applications to Superintendent Content of applications 529.1 (1) The following applications to the Superintendent must contain the information, material and evidence that the Superintendent may require: (a) applications for approval under subsection 68(1), 75(2), 78(4), 82(5), 83(1), 174(1), 222(3), 421(1), 453(6) or (10), 456(1) or (2) or 470(1), subparagraph 475(2)(b)(vi), section 478 or subsection 482(3) or (4) or 483.3(1); (b) applications for consent under subsection 74(1); (c) applications for exemptions under subsection 160.05(3); and (d) applications for extensions of time under subsection 456(3) or (5), 457(4) or 458(4). Receipt (2) Without delay after receiving the application, the Superintendent shall send a receipt to the applicant certifying the date on which it was received. Notice of decision to applicant (3) Subject to subsection (4), the Superintendent shall, within a period of thirty days after the receipt of the application, send to the applicant (a) a notice approving the application, subject to any terms and conditions that the Superintendent considers appropriate; or (b) if the Superintendent is not satisfied that it should be approved, a notice to that effect. Extension of period (4) If the Superintendent is unable to complete the consideration of the application within the period referred to in subsection (3), the Superintendent shall, within that period, send a notice to the applicant informing the applicant that the Superintendent has extended the period for a further period set out in the notice. Deemed approval (5) If the applicant does not receive the notice required by subsection (3) and, where applicable, subsection (4), within the required period, the Superintendent is deemed to have approved the application and granted the approval, consent, extension or exemption to which the application relates, regardless of whether the Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Applications to Superintendent Sections 529.1-529.2 approval, consent, extension or exemption is to be in writing or not. 2001, c. 9, s. 568; 2007, c. 6, s. 383. Applications for Certain Approvals Application for certain approvals 529.2 (1) An application for the prior written approval of the Minister in respect of paragraph 410(1)(c) or (c.1) or 453(5)(b.1), (c), (d) or (d.1) must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require. Certification of receipt of application (2) If, in the opinion of the Superintendent, the application contains all the required information, the Superintendent must refer it to the Minister, together with his or her analysis in relation to the application, and send a receipt to the applicant certifying the date on which the application was referred to the Minister. Incomplete application (3) If, in the opinion of the Superintendent, the application is incomplete, the Superintendent must send a notice to the applicant specifying the information required by the Superintendent to complete it. Notice of decision (4) Subject to subsection (5), the Minister must, within 30 days after the certified date referred to in subsection (2), send to the applicant (a) a notice approving the application; or (b) if the Minister is not satisfied that the application should be approved, a notice to that effect. Extension of period (5) If the Minister is unable to complete the consideration of an application within the 30-day period, the Minister must, within that period, send a notice to the applicant informing the applicant that the Minister has extended the period for a further period set out in the notice. Deemed approval (6) If the Minister does not send the notice referred to in subsection (4) or, where applicable, subsection (5), within the required period, the Minister is deemed to have approved the application. 2007, c. 6, s. 384; 2012, c. 5, s. 182. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Appeals Sections 530-531 Appeals Appeal to Federal Court 530 (1) An appeal lies to the Federal Court from any direction of the Minister made under subsection 396(7) or 401(1). Powers (2) The Federal Court may, in an appeal under subsection (1), (a) dismiss the appeal; (b) set aside the direction or decision; or (c) set aside the direction or decision and refer the matter back for re-determination. Certificate (3) For the purposes of an appeal under subsection (1), the Minister shall, at the request of the company or person making the appeal, provide the company or person with a certificate in writing setting out the direction or decision appealed from and the reasons why the direction or decision was made. 1991, c. 45, ss. 530, 540; 1996, c. 6, s. 132; 2012, c. 31, s. 108. Regulations Power to make regulations 531 (1) The Governor in Council may make regulations (a) prescribing anything that is required or authorized by this Act to be prescribed; (a.1) prescribing the way in which anything that is required or authorized by this Act to be prescribed shall be determined; (b) defining words and expressions to be defined for the purposes of this Act; (c) requiring the payment of a fee in respect of the filing, examining or issuing of any document or in respect of any action that the Superintendent is required or authorized to take under this Act, and fixing the amount thereof or the manner of determining the amount thereof; (d) respecting the regulatory capital and total assets of a company; (e) respecting the retention, in Canada, of assets of a company; Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIII Administration Regulations Sections 531-533 (f) respecting the value of assets of a company to be held in Canada and the manner in which those assets are to be held; (f.1) respecting, for any purpose of any provision of the Act, the determination of the equity of a company; (g) respecting the protection and maintenance of assets of a company and assets held in trust by a company, including regulations respecting the bonding of directors, officers and employees of a company; (h) respecting the holding of shares and ownership interests for the purposes of sections 73 and 77; (i) respecting information, in addition to the information required by section 501, to be maintained in the register referred to in that section; and (j) generally for carrying out the purposes and provisions of this Act. Incorporation by reference (2) The regulations may incorporate any material by reference regardless of its source and either as it exists on a particular date or as amended from time to time. Incorporated material is not a regulation (3) Material does not become a regulation for the purposes of the Statutory Instruments Act because it is incorporated by reference. 1991, c. 45, s. 531; 1997, c. 15, s. 408; 1999, c. 31, s. 220(F); 2001, c. 9, s. 569; 2005, c. 54, s. 449. Delegation Delegation 532 The Minister may delegate any of the Minister’s powers, duties and functions under this Act to any Minister of State appointed pursuant to the Ministries and Ministers of State Act to assist the Minister. PART XIV Sanctions Offence 533 (1) Every person who, without reasonable cause, contravenes any provision of this Act or the regulations is guilty of an offence. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV Sanctions Sections 533-534 False or misleading information (1.1) Every person who knowingly provides false or misleading information in relation to any matter under this Act or the regulations is guilty of an offence. Undue preference to creditor (2) Every director, officer or employee of a company who wilfully gives or concurs in giving to any creditor of the company any fraudulent, undue or unfair preference over other creditors, by giving security to the creditor, by changing the nature of the creditor’s claim or otherwise, is guilty of an offence. Failure to provide information (3) Every person who, without reasonable cause, refuses or fails to comply with a requirement made under paragraph 505(2)(b) is guilty of an offence. Use of name (4) Except to the extent permitted by the regulations, every person who uses the name of a company in a prospectus, offering memorandum, takeover bid circular, advertisement for a transaction related to securities or in any other document in connection with a transaction related to securities is guilty of an offence. 1991, c. 45, s. 533; 2007, c. 6, s. 385. Punishment 534 (1) Every person who is guilty of an offence under any of subsections 533(1) to (4) is (a) in the case of a natural person, liable (i) on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding twelve months, or to both, or (ii) on conviction on indictment, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding five years, or to both; and (b) in the case of an entity, liable (i) on summary conviction, to a fine not exceeding $500,000, or (ii) on conviction on indictment, to a fine not exceeding $5,000,000. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV Sanctions Sections 534-535.1 Order to comply (2) Where a person has been convicted of an offence under this Act, the court may, in addition to any punishment it may otherwise impose, order the person to comply with the provisions of this Act or the regulations in respect of which the person was convicted. Additional fine (3) If a person has been convicted of an offence under this Act, the court may, if it is satisfied that as a result of the commission of the offence the convicted person acquired any monetary benefits or that monetary benefits accrued to the convicted person or their spouse, common-law partner or other dependant, order the convicted person to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to three times the court’s estimation of the amount of those monetary benefits. 1991, c. 45, s. 534; 1997, c. 15, s. 409; 2000, c. 12, s. 301; 2005, c. 54, s. 450. Liability of officers, directors, etc. 535 Where an entity commits an offence under this Act, any officer, director or agent of the entity who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and liable on summary conviction or on conviction on indictment to the punishment provided under paragraph 534(1)(a) for the offence whether or not the entity has been prosecuted or convicted. 1991, c. 45, s. 535; 1997, c. 15, s. 410. Limitation period 535.1 (1) Proceedings by way of summary conviction in respect of an offence under a provision of this Act may be commenced at any time within, but not later than, two years after the day on which the subject-matter of the proceedings became known, in the case of an offence under a consumer provision, to the Commissioner and, in any other case, to the Superintendent. Certificate of Superintendent or Commissioner (2) A document appearing to have been issued by the Superintendent or Commissioner, as the case may be, certifying the day on which the subject-matter of any proceedings became known to the Superintendent or Commissioner is admissible in evidence without proof of the signature or official character of the person appearing to have signed it and is, in the absence of evidence to the contrary, proof of the matter asserted in it. 2001, c. 9, s. 570. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV Sanctions Sections 536-539 Effect of offence on contracts 536 Unless otherwise expressly provided in this Act, a contravention of any provision of this Act or the regulations does not invalidate any contract entered into in contravention of the provision. Restraining or compliance order 537 (1) If a company or any director, officer, employee or agent of a company does not comply with any provision of this Act or the regulations other than a consumer provision, or of the incorporating instrument or any bylaw of the company, the Superintendent, any complainant or any creditor of the company may, in addition to any other right that person has, apply to a court for an order directing the company, director, officer, employee or agent to comply with — or restraining the company, director, officer, employee or agent from acting in breach of — the provision and, on the application, the court may so order and make any further order it thinks fit. Compliance or restraining order — consumer provisions (2) If a company or any director, officer, employee or agent of a company does not comply with any applicable consumer provision, the Commissioner or any complainant may, in addition to any other right that person has, apply to a court for an order directing the company, director, officer, employee or agent to comply with — or restraining the company, director, officer, employee or agent from acting in breach of — the consumer provision and, on the application, the court may so order and make any further order it thinks fit. 1991, c. 45, s. 537; 2001, c. 9, s. 571. Appeal of final order 538 (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act. Appeal with leave (2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court. 1991, c. 45, s. 538; 2005, c. 54, s. 451. Recovery and application of fines 539 All fines payable under this Act are recoverable and enforceable, with costs, at the suit of Her Majesty in right of Canada, instituted by the Attorney General of Canada, and, when recovered, belong to Her Majesty in right of Canada. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV.1 Documents in Electronic or Other Form Sections 539.01-539.04 PART XIV.1 Documents in Electronic or Other Form Definitions 539.01 The following definitions apply in this Part. electronic document means, except in section 539.1, any form of representation of information or concepts that is fixed in any medium in or by electronic, optical or other similar means and that can be read or perceived by a person or by any means. (document électronique) information system means a system used to generate, send, receive, store or otherwise process an electronic document. (système de traitement de l’information) 2005, c. 54, s. 452. Application 539.02 This Part other than sections 539.13 and 539.14 does not apply in respect of any notice, document or other information that under this Act or the regulations is sent to or issued by the Minister, the Superintendent, the Commissioner or the Bank of Canada or any prescribed notice, document or information. 2005, c. 54, s. 452. Use not mandatory 539.03 Nothing in this Act or the regulations requires a person to create or provide an electronic document. 2005, c. 54, s. 452. Consent and other requirements 539.04 (1) Despite anything in this Part, a requirement under this Act or the regulations to provide a notice, document or other information is not satisfied by providing an electronic document unless (a) the addressee consents and designates an information system for the receipt of the electronic document; (b) the electronic document is, unless otherwise prescribed, provided to the designated information system; and (c) the prescribed requirements are complied with. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV.1 Documents in Electronic or Other Form Sections 539.04-539.07 Consent and notice in electronic form (1.1) Despite subsection (1), the requirements referred to in paragraph (1)(c) may provide that the consent referred to in paragraph (1)(a) and any notice related to that consent may be provided in electronic form. Regulations — revocation of consent (2) The Governor in Council may make regulations respecting the revocation of the consent referred to in paragraph (1)(a). 2005, c. 54, s. 452; 2018, c. 27, s. 152. Creation or provision of information 539.05 A requirement under this Act or the regulations to create or provide a notice, document or other information is satisfied by creating or providing an electronic document if (a) the incorporating instrument or by-laws of the company do not provide otherwise; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 452. Creation of information in writing 539.06 A requirement under this Act or the regulations to create a notice, document or other information in writing is satisfied by creating an electronic document if in addition to the conditions set out in section 539.05 (a) the information in the electronic document is accessible so as to be usable for subsequent reference; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 452. Provision of information in writing 539.07 A requirement under this Act or the regulations to provide a notice, document or other information in writing is satisfied by providing an electronic document if in addition to the conditions set out in section 539.05 (a) the information in the electronic document is accessible by the addressee and capable of being retained by them so as to be usable for subsequent reference; and (b) the prescribed requirements are complied with. 2005, c. 54, s. 452. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV.1 Documents in Electronic or Other Form Sections 539.08-539.11 Multiple copies 539.08 A requirement under this Act or the regulations to provide two or more copies of a document at the same time to one addressee is satisfied by providing one copy of the electronic document. 2005, c. 54, s. 452. Registered mail 539.09 A requirement under this Act or the regulations to provide a document by registered mail is not satisfied by providing an electronic document except in the prescribed circumstances. 2005, c. 54, s. 452. Statutory declarations and affidavits 539.1 (1) A statutory declaration or affidavit required under this Act or the regulations may be created or provided in an electronic document if (a) the person who makes the statutory declaration or affidavit signs it with their secure electronic signature; (b) the authorized person before whom the statutory declaration or affidavit is made signs it with their secure electronic signature; and (c) the requirements of sections 539.03 to 539.09 are complied with. Definitions (2) For the purposes of this section, electronic document and secure electronic signature have the same meaning as in subsection 31(1) of the Personal Information Protection and Electronic Documents Act. References to “electronic document” (3) For the purpose of complying with paragraph (1)(c), references to “electronic document” in sections 539.03 to 539.09 are to be read as references to “electronic document within the meaning of subsection 31(1) of the Personal Information Protection and Electronic Documents Act”. 2005, c. 54, s. 452. Signatures 539.11 A requirement under this Act or the regulations for a signature or for a document to be executed, except in respect of a statutory declaration or affidavit, is satisfied in respect of an electronic document if the prescribed requirements are complied with and the signature results Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV.1 Documents in Electronic or Other Form Sections 539.11-539.14 from the application by the person of a technology or process that permits the following to be proved: (a) the signature resulting from the use by the person of the technology or process is unique to the person; (b) the technology or process is used by the person to incorporate their signature into, attach it to or associate it with the electronic document; and (c) the technology or process can be used to identify the person using the technology or process. 2005, c. 54, s. 452. Regulations — provision and receipt of documents 539.12 The Governor in Council may make regulations respecting the time and place at which and the circumstances under which an electronic document is considered to be provided or received. 2005, c. 54, s. 452. Content and form of notices and documents 539.13 The Minister, Superintendent, Commissioner or Bank of Canada may establish the requirements for the content and fix the form, including electronic and other forms, of notices and documents sent to or issued by each of them under this Act or the regulations, including (a) the notices and documents that may be sent in electronic or other form; (b) the persons or classes of persons who may send notices and documents; (c) their signature in electronic or other form or their execution, adoption or authorization in a manner that is to have the same effect for the purposes of this Act as their signature; (d) the time and place at which and the circumstances under which electronic documents are considered to be sent or received; and (e) any matter necessary for the purposes of the application of this section. 2005, c. 54, s. 452. Exemption 539.14 In the prescribed circumstances, the Minister, the Superintendent, the Commissioner or the Bank of Canada may, on any conditions that they consider appropriate, exempt from the application of any provision of this Act requiring a notice or document to be sent to them any notice or document, or class of notice or Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies PART XIV.1 Documents in Electronic or Other Form Sections 539.14-563 document, containing information similar to that contained in a notice or document required to be made public under any other Act of Parliament or any Act of the legislature of a province. 2005, c. 54, s. 452. PART XV General Transitional 540 [Amendments] Consequential Amendments 541 to 560 [Amendments] Repeals 561 and 562 [Repeals] Coming into Force Coming into force 563 (1) Subject to subsection (2), this Act or any provision thereof shall come into force on a day or days to be fixed by order of the Governor in Council. * [Note: Act, except subsections 250(1) and (2), in force June 1, 1992, see SI/92-89.] * Idem (2) Subsections 250(1) and (2) shall come into force on the day that is six months after the coming into force of subsections 243(1) and (2). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies RELATED PROVISIONS RELATED PROVISIONS — 2015, c. 36, s. 239 Retroactivity — section 504 of Trust and Loan Companies Act 239 Section 504 of the Trust and Loan Companies Act applies to information referred to in that section that has been used or in relation to which oral testimony has been given or a document has been produced, before the day on which this Division comes into force, in any civil proceedings in respect of which a final decision has not been made before that day. — 2015, c. 36, s. 246 Regulations apply — section 504 of Trust and Loan Companies Act 246 The regulations made under paragraph 531(1)(a) of the Trust and Loan Companies Act that prescribe supervisory information for the purposes of section 503.1 of that Act apply for the purposes of section 504 of that Act until regulations made under that paragraph for the purposes of that section 504 are in force. Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2005, c. 54, s. 392 (2) 1997, c. 15, s. 348. 392 (2) The definition solicit or solicitation in section 160.01 of the Act is replaced by the following: solicitation (a) includes (i) a request for a proxy whether or not accompanied by a form of proxy, (ii) a request to execute or not to execute a form of proxy or to revoke a proxy, (iii) the sending of a form of proxy or other communication to a shareholder under circumstances reasonably calculated to result in the procurement, withholding or revocation of a proxy, and (iv) the sending of a form of proxy to a shareholder under subsection 160.04(1); but (b) does not include (i) the sending of a form of proxy in response to an unsolicited request made by or on behalf of a shareholder, (ii) the performance of administrative acts or professional services on behalf of a person soliciting a proxy, (iii) the sending by an intermediary of the documents referred to in subsection 160.07(1), (iv) a solicitation by a person in respect of shares of which they are the beneficial owner, (v) a prescribed public announcement by a shareholder of how they intend to vote and the reasons for that decision, (vi) a communication for the purpose of obtaining the support of persons in accordance with paragraph 146(1.1)(b), or (vii) a communication, other than a solicitation by or on behalf of the management of a company, that is made to shareholders in the prescribed circumstances. (sollicitation) Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE — 2018, c. 12, s. 310 (1) 310 (1) Paragraphs 410(1)(c) and (c.1) of the Trust and Loan Companies Act are replaced by the following: (b.1) subject to sections 416 and 417 and the regulations, engage in any activity that relates to the provision of financial services by the company or any of its affiliates; (c) subject to the regulations, engage in any of the following activities: (i) collecting, manipulating and transmitting information, and (ii) designing, developing, manufacturing, selling and otherwise dealing with technology, if those activities relate to (A) an activity referred to in this subsection that is engaged in by the company or any of its affiliates, or (B) the provision of financial services by any other entity, — 2018, c. 12, ss. 310 (3) to (5) 310 (3) Paragraph 410(3)(a) of the Act is replaced by the following: (a) respecting what a company may or may not do with respect to the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (d.1); (4) Paragraph 410(3)(b) of the English version of the Act is replaced by the following: (b) imposing terms and conditions in respect of the provision of the services referred to in paragraphs (1)(a) and 409(2)(c) and the carrying on of the activities referred to in paragraphs (1)(b.1), (c) and (d.1); and (5) Paragraph 410(3)(c) of the Act is replaced by the following: (c) respecting the circumstances in which a company may engage in an activity referred to in paragraphs (1)(b.1) and (c), including the circumstances in which it may collect, manipulate and transmit information under subparagraph (1)(c)(i). Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE — 2018, c. 12, s. 311 311 Section 411 of the Act is replaced by the following: Networking 411 (1) Subject to section 416 and the regulations, a company may (a) act as agent for any person in respect of (i) the carrying on of any activity referred to in subsection 410(1) that is engaged in by a financial institution, by a permitted entity as defined in subsection 449(1), if that definition were read without reference to the requirements of subsections 453(4) to (6), or by a prescribed entity, and (ii) the provision of any service that relates to financial services and that is provided by an institution or entity referred to in subparagraph (i); (a.1) enter into an arrangement with any person in respect of the carrying on of an activity referred to in subparagraph (a)(i) or the provision of a service referred to in subparagraph (a)(ii); and (b) refer any person to another person. Regulations (2) The Governor in Council may make regulations (a) respecting the circumstances in which a company may act as an agent, enter into an arrangement or refer a person under subsection (1); and (b) imposing terms and conditions in respect of the carrying on of activities under that subsection. Regulations 411.1 The Governor in Council may, for the purposes of section 409 and subsection 411(1), make regulations respecting what a company is prohibited from doing when acting as an agent or when making referrals. — 2018, c. 12, s. 312 312 (1) Section 453 of the Act is amended by adding the following after subsection (2): Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE Permitted investments (2.1) Subject to subsections (3) to (6), Part XI and the regulations made under paragraphs (2.2)(b) and (c), a company may acquire control of, or acquire or increase a substantial investment in, an entity, other than an entity referred to in any of paragraphs (1)(a) to (j), if a majority, as defined in the regulations, of the entity’s business consists of financial service activities or any other activity that a company is permitted to engage in under paragraphs 409(2)(b) to (d). Regulations (2.2) The Governor in Council may make regulations (a) defining, for the purposes of subsection (2.1), the word “majority”; (b) imposing terms and conditions in respect of the acquisition of control of, or acquisition or increase of a substantial investment in, an entity that a company may acquire control of, or acquire or increase a substantial investment in, under subsection (2.1); and (c) respecting the circumstances in which a company may acquire control of, or acquire or increase a substantial investment in, an entity under subsection (2.1). (2) Subparagraph 453(3)(f)(ii) of the Act is replaced by the following: (ii) in the case of an entity that is not controlled by the company, the company itself would be permitted to acquire a substantial investment in the other entity under subsection (1), (2) or (2.1) or 451(2), paragraph 451(3)(b) or (c) or subsection 451(4); or (3) Subsection 453(5) of the Act is amended by adding “or” at the end of paragraph (c) and by repealing paragraphs (5)(d) and (d.1). (4) Paragraph 453(7)(a) of the Act is replaced by the following: (a) the company is acquiring control of an entity, other than a specialized financing entity, under subsection (2) or (2.1) and the only reason for which the company would, but for this subsection, require approval for the acquisition is that the entity carries on activities referred to in paragraph (2)(b); — 2018, c. 12, s. 313 313 The Act is amended by adding the following after section 453: Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE Regulations 453.1 The Governor in Council may make regulations (a) respecting the circumstances in which a company may acquire control of, or acquire or increase a substantial investment in, an entity that engages in activities that a company is permitted to engage in under paragraph 410(1)(b.1) or (c), including the circumstances in which a company is prohibited from doing so; and (b) imposing terms and conditions in respect of the acquisition of control of, or acquisition or increase of a substantial investment in, an entity referred to in paragraph (a). — 2018, c. 12, s. 314 314 Paragraph 483(1)(c) of the Act is replaced by the following: (c) consists of a written contract with the related party for the purpose of having either one of them act as an agent or make referrals; — 2018, c. 12, s. 315 315 Subsection 529.2(1) of the Act is replaced by the following: Application for certain approvals 529.2 (1) An application for the prior written approval of the Minister in respect of paragraph 453(5)(b.1) or (c) must be filed with the Superintendent and contain the information, material and evidence that the Superintendent may require. — 2021, c. 23, s. 143 143 (1) The portion of paragraph 424(1)(a) of the Trust and Loan Companies Act before subparagraph (i) is replaced by the following: (a) a deposit has been made in Canada that is payable in Canada and in respect of which no transaction has taken place and no statement of account has been requested or acknowledged by the creditor during a period of 10 years (2) Paragraph 424(1)(b) of the Act is replaced by the following: Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE (b) a cheque, draft or bill of exchange (including any of those instruments drawn by one branch of a company on another of its branches but not including an instrument issued in payment of a dividend on the capital of a company) payable in Canada has been issued, certified or accepted by a company in Canada and no payment has been made in respect of it for a period of 10 years after the date of issue, certification, acceptance or maturity, whichever is later, (3) Section 424 of the Act is amended by adding the following after subsection (1): Exchange rate (1.1) If a deposit referred to in paragraph (1)(a) or an instrument referred to in paragraph (1)(b) is not in Canadian currency, then, before paying to the Bank of Canada the amount required by subsection (1), the company shall convert the amount of the deposit or instrument to Canadian currency at a rate of exchange determined in accordance with rules prescribed under subsection 26.03(2) of the Canada Deposit Insurance Corporation Act. (4) Subparagraph 424(2)(a)(i) of the Act is replaced by the following: (i) the name of the depositor in whose name the deposit is held, as well as their date of birth and Social Insurance Number, if they are a natural person, (5) Subparagraph 424(2)(b)(i) of the Act is replaced by the following: (i) the name of the person to whom or at whose request the instrument was issued, certified or accepted, as well as their date of birth and Social Insurance Number, if they are a natural person, (6) Subsection 424(2.1) of the Act is replaced by the following: Copies of signature cards and signing authorities (2.1) A company shall provide the Bank of Canada with copies of signature cards and signing authorities relating to any deposit or instrument in respect of which it has made a payment under subsection (1). If it does not have any with respect to a deposit or instrument to which the request relates, it shall so inform the Bank of Canada. — 2021, c. 23, s. 144 144 Subsection 425(1) of the Act is replaced by the following: Current to June 20, 2022 Last amended on January 1, 2022 Trust and Loan Companies AMENDMENTS NOT IN FORCE Notice of unpaid amount 425 (1) A company shall send, by mail and by electronic means, to each person to whom a deposit referred to in paragraph 424(1)(a) is payable, or to each person to whom or at whose request an instrument referred to in paragraph 424(1)(b) was issued, certified or accepted, at their recorded address and electronic address in so far as they are known to the company, a notice stating that the deposit or instrument remains unpaid. Current to June 20, 2022 Last amended on January 1, 2022

CONSOLIDATION Time Limits and Other Periods Act (COVID-19) S.C. 2020, c. 11, s. 11 NOTE [Enacted by section 11 of chapter 11 of the Statutes of Canada, 2020, in force on assent July 27, 2020.] Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting the suspension or extension of time limits and the extension of other periods as part of the response to the coronavirus disease 2019 Short Title 1 Short title Interpretation and Application 2 Definition of period Effect of suspension or extension Non-application — offences Purpose 5 Purpose Time Limits Related to Proceedings 6 Suspensions Other Time Limits and Periods 7 Ministerial orders — Acts and regulations General 8 Statutory Instruments Act Sunset provision Transparency and Parliamentary Oversight 10 Publication on website Tabling in Parliament SCHEDULE Current to June 20, 2022 ii S.C. 2020, c. 11, s. 11 An Act respecting the suspension or extension of time limits and the extension of other periods as part of the response to the coronavirus disease 2019 [Assented to 27th July 2020] Short Title Short title 1 This Act may be cited as the Time Limits and Other Periods Act (COVID-19). Interpretation and Application Definition of period 2 In this Act, period includes the time during which a licence, permit or other authorization is valid. Effect of suspension or extension 3 If a time limit is suspended or extended or a period is extended under this Act, then, during the period that the suspension or extension is in effect, every reference in any Act of Parliament or its regulations to that time limit or period is to be read as a reference to the time limit or period as it is suspended or extended. Non-application — offences 4 (1) This Act does not apply in respect of the investigation of an offence or in respect of a proceeding respecting an offence. Non-application — Corrections and Conditional Release Act (2) This Act does not apply in respect of a time limit or other period that is established by or under the Corrections and Conditional Release Act. Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) Interpretation and Application Sections 4-6 Purpose Purpose 5 (1) The purpose of this Act is (a) to temporarily suspend certain time limits and to temporarily authorize, in a flexible manner, the suspension or extension of other time limits in order to prevent any exceptional circumstances that may be produced by coronavirus disease 2019 (COVID-19) from making it difficult or impossible to meet those time limits; and (b) to temporarily authorize, in a flexible manner, the extension of other periods in order to prevent any unfair or undesirable effects that may result from the expiry of those periods due to those exceptional circumstances. For greater certainty (2) For greater certainty, this Act is to be interpreted in a manner that provides certainty in relation to proceedings and that respects the rule of law and the Canadian Charter of Rights and Freedoms. Time Limits Related to Proceedings Suspensions 6 (1) The following time limits are, if established by or under an Act of Parliament, suspended for the period that starts on March 13, 2020 and that ends on September 13, 2020 or on any earlier day fixed by order of the Governor in Council made on the recommendation of the Minister of Justice: (a) any limitation or prescription period for commencing a proceeding before a court; (b) any time limit in relation to something that is to be done in a proceeding before a court; and (c) any time limit within which an application for leave to commence a proceeding or to do something in relation to a proceeding is to be made to a court. Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) Time Limits Related to Proceedings Sections 6-7 Court orders — variation (2) The court may, by order, vary the suspension of a time limit as long as the commencement date of the suspension remains the same and the duration of the suspension does not exceed six months. Court orders — effects (3) The court may make orders respecting the effects of a failure to meet a suspended time limit, including orders that cancel or vary those effects. Orders in council (4) The Governor in Council may, by order made on the recommendation of the Minister of Justice, lift a suspension in circumstances specified in the order. Other Time Limits and Periods Ministerial orders — Acts and regulations 7 (1) The minister who is responsible for an Act of Parliament set out in column 1 of the schedule or a relevant portion of the Act may make an order (a) suspending or extending a time limit that is established by or under any provision of the Act that is set out in column 2; (b) extending any other period that is established by or under any provision of the Act that is set out in column 2; (c) if a regulation is set out in column 2 in respect of the Act, (i) suspending or extending a time limit that is established by or under that regulation, or (ii) extending any other period that is established by or under that regulation; or (d) extending a suspension or extension. Ministerial orders — regulations (2) The minister who is responsible for a regulation set out in column 1 of the schedule or a relevant portion of the regulation may make an order (a) suspending or extending a time limit that is established by or under any provision of the regulation that is set out in column 2; Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) Other Time Limits and Periods Section 7 (b) extending any other period that is established by or under any provision of the regulation that is set out in column 2; or (c) extending a suspension or extension. Non-application (3) An order under subsection (1) or (2) does not apply in respect of a time limit or other period that ends on or after December 31, 2020. Duration (4) The total duration of a suspension or extension must not exceed six months. However, a suspension must not have the effect of allowing a time limit to continue after December 31, 2020 and an extended time limit or period must end on or before that day. Retroactivity (5) An order under subsection (1) or (2) may, if it so provides, have retroactive effect, but not before March 13, 2020, and it may also include provisions respecting the effects of a failure to meet the time limit or of the expiry of the period before the day on which the order was made, including provisions that cancel or vary those effects. Additional content (6) An order under subsection (1) or (2) may provide that (a) a suspension or extension does not apply in respect of any circumstance specified in the order without the consent of a person, court or body specified in the order; (b) a suspension or extension applies in respect of any circumstance specified in the order unless a person, court or body specified in the order decides otherwise; or (c) a person, court or body specified in the order may vary the effects of the order in relation to any circumstance specified in the order. Regulations (7) The Governor in Council may, on the recommendation of the Minister of Justice, make regulations restricting, or imposing conditions on, a power to make an order under subsection (1) or (2). Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) General Sections 8-11 General Statutory Instruments Act 8 The Statutory Instruments Act does not apply to an order made under subsection 6(1), (2), (3) or (4) or 7(1) or (2). Sunset provision 9 A power conferred on the Governor in Council or a minister under this Act is not to be exercised after September 30, 2020. Transparency and Parliamentary Oversight Publication on website 10 (1) An order made under subsection 6(1) or (4) or 7(1) or (2), together with the reasons for making it, must be published, as soon as feasible after the day on which it is made but no later than five days after the day on which it is made, on a Government of Canada website for a period of at least six months. Publication in Canada Gazette (2) An order referred to in subsection (1) must be published in Part I of the Canada Gazette within 14 days after the day on which it is made. Tabling in Parliament 11 (1) An order made under subsection 6(1) or (4) or 7(1) or (2) must be tabled in each House of Parliament within three days after the day on which it is made, unless a House is not sitting within those three days, in which case the order is to be tabled in that House at the earliest opportunity. Referral to committee (2) An order that is tabled in a House of Parliament must be referred to a committee of that House. Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE SCHEDULE (Subsections 7(1) and (2)) Acts, Regulations and Provisions Column 1 Acts Bankruptcy and Insolvency Act Loi sur la faillite et l’insolvabilité Boards of Trade Act Loi sur les chambres de commerce Canada Business Corporations Act Loi canadienne sur les sociétés par actions Canada Cooperatives Act Loi canadienne sur les coopératives Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Loi de mise en œuvre de l’Accord atlantique Canada — Ter Neuve-et-Labrador Canada Not-for-profit Corporations Act Loi canadienne sur les organisations à but non lucratif Canadian Forces Superannuation Act Loi sur la pension de retraite des Forces canadiennes Companies’ Creditors Arrangement Act Loi sur les arrangements avec les créanciers des compagn Diplomatic Service (Special) Superannuation Act Loi sur la pension spéciale du service diplomatique Excise Tax Act Loi sur la taxe d’accise Firearms Act Loi sur les armes à feu Garnishment, Attachment and Pension Diversion Act Loi sur la saisie-arrêt et la distraction de pensions Income Tax Act Loi de l’impôt sur le revenu Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE Column 1 Investment Canada Act Loi sur Investissement Canada Lieutenant Governors Superannuation Act Loi sur la pension de retraite des lieutenants-gouverneurs Members of Parliament Retiring Allowances Act Loi sur les allocations de retraite des parlementaires Pension Benefits Division Act Loi sur le partage des prestations de retraite Public Service Superannuation Act Loi sur la pension de la fonction publique Royal Canadian Mounted Police Superannuation Act Loi sur la pension de retraite la Gendarmerie royale du Can Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE Column 1 Special Import Measures Act Loi sur les mesures spéciales d’importation Wage Earner Protection Program Act Loi sur le Programme de protection des salariés Regulations Aviation Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail (aéronefs) Canada Labour Standards Regulations Règlement du Canada sur les normes du travail Canada Occupational Health and Safety Regulations Règlement canadien sur la santé et la sécurité au travail Food and Drug Regulations Règlement sur les aliments et drogues Maritime Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail en milieu m Nunavut Mining Regulations Règlement sur l’exploitation minière au Nunavut On Board Trains Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail (trains) Royal Canadian Mounted Police Pension Continuation Regul Règlement sur la continuation des pensions de la Gendarm royale du Canada Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE (French) ANNEXE (paragraphes 7(1) et (2)) Lois, règlements et dispositions Colonne 1 Lois Loi canadienne sur les coopératives Canada Cooperatives Act Loi canadienne sur les organisations à but non lucratif Canada Not-for-profit Corporations Act Loi canadienne sur les sociétés par actions Canada Business Corporations Act Loi de l’impôt sur le revenu Income Tax Act Loi de mise en œuvre de l’Accord atlantique Canada — Terre et-Labrador Canada–Newfoundland and Labrador Atlantic Accord Implementation Act Loi sur Investissement Canada Investment Canada Act Loi sur la faillite et l’insolvabilité Bankruptcy and Insolvency Act Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE (French) Colonne 1 Loi sur la pension de la fonction publique Public Service Superannuation Act Loi sur la pension de retraite de la Gendarmerie royale du Ca Royal Canadian Mounted Police Superannuation Act Loi sur la pension de retraite des Forces canadiennes Canadian Forces Superannuation Act Loi sur la pension de retraite des lieutenants-gouverneurs Lieutenant Governors Superannuation Act Loi sur la pension spéciale du service diplomatique Diplomatic Service (Special) Superannuation Act Loi sur la saisie-arrêt et la distraction de pensions Garnishment, Attachment and Pension Diversion Act Loi sur la taxe d’accise Excise Tax Act Current to June 20, 2022 Time Limits and Other Periods Act (COVID-19) SCHEDULE (French) Colonne 1 Loi sur le partage des prestations de retraite Pension Benefits Division Act Loi sur le Programme de protection des salariés Wage Earner Protection Program Act Loi sur les allocations de retraite des parlementaires Members of Parliament Retiring Allowances Act Loi sur les armes à feu Firearms Act Loi sur les arrangements avec les créanciers des compagnies Companies’ Creditors Arrangement Act Loi sur les chambres de commerce Boards of Trade Act Loi sur les mesures spéciales d’importation Special Import Measures Act Règlements Règlement canadien sur la santé et la sécurité au travail Canada Occupational Health and Safety Regulations Règlement du Canada sur les normes du travail Canada Labour Standards Regulations Règlement sur la continuation des pensions de la Gendarme royale du Canada Royal Canadian Mounted Police Pension Continuation Reg Règlement sur la santé et la sécurité au travail (aéronefs) Aviation Occupational Health and Safety Regulations Règlement sur la santé et la sécurité au travail (trains) On Board Trains Occupational Health and Safety Regulatio Règlement sur la santé et la sécurité au travail en milieu mar Maritime Occupational Health and Safety Regulations Règlement sur les aliments et drogues Food and Drug Regulations Règlement sur l’exploitation minière au Nunavut Nunavut Mining Regulations Current to June 20, 2022

CONSOLIDATION Tax Rebate Discounting Act R.S.C., 1985, c. T-3 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act relating to the discounting of overpayments of tax under the Income Tax Act and related payments Short title Interpretation 2.1 Payment to discounter Limitation of discount Payment and disclosure Failure to give notice Failure to maintain records or provide access 6.1 Misleading information Punishment Limitation period Copies or information may be disclosed Regulations SCHEDULES I AND II Current to June 20, 2022 ii R.S.C., 1985, c. T-3 An Act relating to the discounting of overpayments of tax under the Income Tax Act and related payments Short title 1 This Act may be cited as the Tax Rebate Discounting Act. 1977-78, c. 25, s. 1. Interpretation 2 (1) In this Act, client means a person from whom a discounter acquires a right to a refund of tax to which that person is entitled; (client) discounter means a person who acquires, for a consideration, a right to a refund of tax from a person entitled thereto; (escompteur) minimum consideration, in relation to a refund of tax, means an amount equal to (a) where the refund of tax is equal to or less than three hundred dollars, eighty-five per cent of the refund of tax, or (b) where the refund of tax is greater than three hundred dollars, two hundred and fifty-five dollars plus ninety-five per cent of the amount by which the refund of tax is greater than three hundred dollars; (contrepartie minimale) Minister means the Minister of National Revenue; (ministre) prescribed means (a) in the case of a form, the information to be given on a form or the manner of filing a form, authorized by the Minister, and Current to June 20, 2022 Tax Rebate Discounting Sections 2-2.1 (b) in any other case, prescribed by regulation; (Version anglaise seulement) refund of tax means the amount of (a) an overpayment of tax paid or deemed to have been paid under the Income Tax Act or collected pursuant to an agreement entered into under section 7 of the Federal-Provincial Fiscal Arrangements Act, or of tax deemed to have been paid under an Act of the legislature of a province that imposes a tax on income that is collected by the Minister of National Revenue pursuant to such an agreement, (b) a payment to an individual by virtue of an agreement referred to in paragraph (a) that is other than a refund of an overpayment of tax paid or collected, (c) an overpayment of premiums paid under the Employment Insurance Act, or (d) an overpayment of contributions paid under the Canada Pension Plan, and any interest paid on any of those overpayments or payments; (remboursement d’impôt) return of income means a return of income pursuant to subsection 150(1) of the Income Tax Act. (déclaration du revenu) Where person acquires right to a refund (2) For the purposes of this Act, a person acquires a right to a refund of tax where that person, as between himself and another person, acquires a right to a refund of tax or to an amount equal to the amount of a refund of tax, notwithstanding that, by virtue of section 67 of the Financial Administration Act or any provision of any other Act of Parliament or of the legislature of a province, the refund of tax is not assignable. Enforcement of right to refund (3) A right to a refund of tax acquired by a discounter from a client is enforceable only between the client and the discounter and nothing in this Act shall be construed as creating any liability between the discounter and Her Majesty. R.S., 1985, c. T-3, s. 2; R.S., 1985, c. 53 (1st Supp.), s. 1; 1992, c. 1, s. 145(F); 1993, c. 27, s. 226; 1995, c. 1, s. 62, c. 17, s. 66; 1996, c. 23, s. 186; 1998, c. 19, s. 299. Payment to discounter 2.1 (1) Where a discounter has acquired a client’s right to a refund of tax, the Minister of National Revenue may pay the amount of the refund to the discounter. Current to June 20, 2022 Tax Rebate Discounting Sections 2.1-3 Effect of payment to discounter (2) A payment of a client’s refund of tax made by the Minister of National Revenue under subsection (1) to a discounter shall be deemed to have been made to the client as a refund of tax at the time the payment was made to the discounter. Deemed trust (3) The amount by which the amount of a refund paid under subsection (1) exceeds the total of (a) that portion of the refund that constitutes interest, and (b) the amount estimated to be the client’s refund of tax at the time the right to the refund was acquired shall, if it exceeds ten dollars, be deemed to be held in trust for the client by the discounter until such time as it is paid to the client or to the Receiver General. Where bankruptcy, etc., of discounter (4) In the event of any liquidation, assignment or bankruptcy of a discounter, the amount deemed by subsection (3) to be held in trust shall be deemed to be separate from and form no part of the estate in liquidation, assignment or bankruptcy, whether or not that amount has in fact been kept separate and apart from the discounter’s own moneys or from the assets of the estate. 1993, c. 24, s. 149. Limitation of discount 3 (1) Any discounter who acquires a right to a refund of tax from a client for a consideration that is less than the minimum consideration in relation to the refund of tax is guilty of an offence. Determination of consideration (2) For the purposes of determining the consideration paid or provided by a discounter for the acquisition of a right to a refund of tax from a client, the discount charged by the discounter includes the amount of any fee or charge levied or made by the discounter, or by any person not acting at arm’s length (within the meaning of the Income Tax Act) with the discounter, for the service of preparing the client’s return of income or for any other service directly related to the discounting transaction. Defence (3) Subsection (1) does not apply where the refund of tax exceeds the amount estimated to be the refund of tax at the time the right to the refund was acquired if Current to June 20, 2022 Tax Rebate Discounting Sections 3-4 (a) the consideration paid for the right at that time was equal to or greater than the minimum consideration calculated as if the amount estimated to be the refund of tax were the refund of tax; and (b) where the refund of tax, calculated for the purposes of this paragraph without reference to any interest on the overpayment or payment making up the refund, exceeds by ten dollars or more the amount estimated to be the refund of tax, the discounter, forthwith after receipt of the refund, pays or makes every reasonable effort to pay to the client the full amount of the excess and, in the event that the excess is not so paid within thirty days thereafter, forthwith remits the excess, together with a true copy of the notice referred to in paragraph 5(b), to the Receiver General to be held on account of any future tax liability of the client or to be paid to the client on application by the client to the Minister of National Revenue. R.S., 1985, c. T-3, s. 3; R.S., 1985, c. 53 (1st Supp.), s. 2; 1999, c. 31, s. 245(F). Payment and disclosure 4 (1) Any discounter who does not, at or before the time a right to a refund of tax is acquired from a client, (a) pay by cash or by a cheque or other bill of exchange drawn on a financial institution in Canada that is payable on demand and negotiable in Canada at the time it is given the amount by which (i) the full amount of the minimum consideration for the right based on the estimated refund of tax exceeds the total of (ii) any tax imposed under Part IX of the Excise Tax Act that the discounter is required to collect from the client in respect of a taxable supply deemed under section 158 of that Act to have been made by the discounter to the client, and (iii) any tax imposed under An Act respecting the Quebec sales tax and amending various fiscal legislation, being Chapter 67 of the Statutes of Quebec, 1991, that the discounter is required to collect from the client in respect of a taxable supply deemed under section 39 of that Act to have been made by the discounter to the client, (b) provide the client with (i) a statement in prescribed form describing the discounting transaction, and Current to June 20, 2022 Tax Rebate Discounting Sections 4-6 (ii) if the client has so requested, a true copy of the client’s return of income information return, and and any related (c) obtain from the client an address of record for the purposes of section 5, is guilty of an offence. Failure to file disclosure statement (2) Any discounter who, having acquired from a client a right to a refund of tax, files a client’s return of income on the client’s behalf without (a) including with the return of income, other than a return of income deemed by subsection 150.1(3) of the Income Tax Act to have been filed for the purposes of section 150 of that Act, a true copy of the statement referred to in subparagraph (1)(b)(i) as provided to the client and signed by the client to acknowledge receipt thereof, and (b) providing to such person and within such period of time as the Minister may specify a true copy of the statement referred to in subparagraph (1)(b)(i) as provided to the client and signed by the client to acknowledge receipt thereof, is guilty of an offence. R.S., 1985, c. T-3, s. 4; R.S., 1985, c. 53 (1st Supp.), s. 2; 1993, c. 24, s. 150, c. 27, s. 227; 1998, c. 19, s. 300. Failure to give notice 5 Any discounter who, having acquired from a client a right to a refund of tax, fails to send forthwith to the client at the client’s address of record obtained as described in paragraph 4(1)(c) (a) any notice of assessment (within the meaning of the Income Tax Act) received by the discounter in relation to the client’s return of income, and (b) a notice, in the prescribed form and containing the prescribed information, of the actual amount of the refund of tax received by the discounter to which the client would otherwise have been entitled, is guilty of an offence. R.S., 1985, c. T-3, s. 5; R.S., 1985, c. 53 (1st Supp.), s. 2; 1993, c. 34, s. 118(F); 1998, c. 19, s. 301(F). Failure to maintain records or provide access 6 Any discounter who, having acquired from a client a right to a refund of tax, at any time fails during the three year period immediately following the acquisition of that right Current to June 20, 2022 Tax Rebate Discounting Sections 6-9 (a) to maintain at the discounter’s principal place of business in Canada, or at such other place or places in Canada as are designated by the Minister, a true copy of (i) every document provided by the discounter under this Act to the client, and (ii) every other document made by the discounter or received by the discounter in the course of the discounter’s business and dealing with the discounting transaction, or (b) to provide (i) a peace officer, or (ii) a person designated for the purposes of this section by the Minister or the Minister of the Crown in right of the province where the copies are maintained who is responsible for the administration of matters related to consumer affairs, reasonable access to such copies for the purposes of examination and making copies thereof, is guilty of an offence. R.S., 1985, c. T-3, s. 6; R.S., 1985, c. 53 (1st Supp.), s. 2. Misleading information 6.1 Any discounter who, in relation to any discounting transaction, knowingly provides to a client or to a person referred to in paragraph 6(b) any information, document or copy of a document that is false, misleading or incomplete is guilty of an offence. R.S., 1985, c. 53 (1st Supp.), s. 2. Punishment 7 Any person who commits an offence under this Act is liable on summary conviction to a fine not exceeding twenty-five thousand dollars. 1977-78, c. 25, s. 7. Limitation period 8 Proceedings in respect of an offence under this Act may be instituted at any time within but not later than two years after the time when the subject-matter of the proceedings arose. R.S., 1985, c. 53 (1st Supp.), s. 3. Copies or information may be disclosed 9 Section 241 of the Income Tax Act does not apply to information or documents essential to the administration or enforcement of this Act and an official or authorized person, as defined for the purposes of that section, may Current to June 20, 2022 Tax Rebate Discounting Sections 9-10 make that information or a copy of any such documents available to (a) any person, for a purpose related to the administration or enforcement of this Act; or (b) an officer or employee of the government of a province who is engaged in the administration or enforcement of a law relating in whole or in part to the regulation of the conduct of discounters in the province, for any purpose related to the administration or enforcement of that law. R.S., 1985, c. 53 (1st Supp.), s. 3. Regulations 10 The Governor in Council may make regulations (a) prescribing anything that by this Act is to be prescribed, and (b) for carrying out the purposes and provisions of this Act including, without restricting the generality of the foregoing, regulations setting the fees to be charged for any services or forms provided to discounters. R.S., 1985, c. 53 (1st Supp.), s. 3. Current to June 20, 2022 Tax Rebate Discounting SCHEDULES I AND II SCHEDULES I AND II [Repealed, R.S., 1985, c. 53 (1st Supp.), s. 4] Current to June 20, 2022 Tax Rebate Discounting RELATED PROVISIONS RELATED PROVISIONS — 1993, c. 24, s. 149 (2) 149 (2) Subsection (1) applies with respect to refunds of tax (within the meaning assigned by subsection 2(1) of the said Act) in respect of the 1992 and subsequent taxation years (within the meaning assigned by section 249 of the Income Tax Act). — 1993, c. 24, s. 150 (2) 150 (2) Subsection (1) applies after 1991. Current to June 20, 2022

CONSOLIDATION Tax Court of Canada Act R.S.C., 1985, c. T-2 Current to June 20, 2022 Last amended on June 9, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 9, 2022. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on June 9, 2022 TABLE OF PROVISIONS An Act respecting the Tax Court of Canada Short Title 1 Short title Interpretation 2 Definitions 2.1 Interpretation 2.2 Idem The Court 3 Tax Court of Canada continued The Judges 4 Constitution of Court Chief Justice and Associate Chief Justice to have rank and precedence over all judges Residence of judges Tenure of office Oath of office Deputy judges of the Court Supernumerary judges Additional office of judge Jurisdiction and Powers of the Court 12 Jurisdiction Contempt against Court Proceedings Before the Court 14 Sittings 14.1 Police force Time limits and holidays Giving of judgment after judge ceases to hold office 16.1 Hearings in camera 16.2 Discontinuance Current to June 20, 2022 Last amended on June 9, 2022 ii Tax Court of Canada TABLE OF PROVISIONS 16.3 Costs against the Crown to be paid out of Consolidated Revenue Fund General Procedure 17 Application 17.1 Right to appear 17.2 How proceeding instituted 17.3 Examinations for discovery — Income Tax Act 17.4 Judgment shall be mailed 17.5 Costs adjudged to Her Majesty in right of Canada 17.6 Appeals to Federal Court of Appeal 17.7 Procedure 17.8 Fees to be paid to Receiver General Informal Procedure 18 Application — Income Tax Act 18.1 Limit 18.11 General procedure to apply 18.12 Order for general procedure 18.13 Order at hearing 18.14 Right to appear 18.15 How proceeding instituted 18.16 Time limit for reply to notice of appeal 18.17 Time for hearing 18.18 Periods excluded 18.19 Notice of hearing 18.2 Adjournment 18.21 Failure to appear 18.22 Time for judgment 18.23 Reasons for judgment 18.24 Final judgment 18.25 Costs 18.26 Costs 18.27 Regulations 18.28 No precedential value 18.29 Other applications 18.3 Further application 18.3001 Application — Excise Act, 2001, Customs Act, and Excise Tax Act 18.30011 Limit — Excise Act, 2001 18.30012 Limit — Excise Tax Act Current to June 20, 2022 Last amended on June 9, 2022 iv Tax Court of Canada TABLE OF PROVISIONS 18.3002 General procedure to apply 18.30021 Order for general procedure — Excise Act, 2001 18.30022 Order for general procedure — Excise Tax Act 18.30023 Order at hearing — Excise Act, 2001 18.30024 Order at hearing — Excise Tax Act 18.3003 Time limit for reply to notice of appeal 18.3004 Time limit — general procedure 18.3005 Time for hearing 18.3007 Costs 18.3008 Costs on further appeal 18.3009 Costs 18.301 Interest accruing 18.302 Provisions to apply References 18.31 General procedure 18.32 Idem 18.33 Request for informal procedure Oaths and Affidavits 19 Who may administer oath, etc. General 19.1 Vexatious proceedings 19.2 Constitutional questions Rules 20 Rules Rules remain in force Rules committee Administration of Court 23 Designation of Judicial Administrator Sittings throughout Canada Transitional 25 Eligibility for supernumerary status and annuities Current to June 20, 2022 Last amended on June 9, 2022 v R.S.C., 1985, c. T-2 An Act respecting the Tax Court of Canada Short Title Short title 1 This Act may be cited as the Tax Court of Canada Act. 1980-81-82-83, c. 158, s. 1. Interpretation Definitions 2 In this Act, Associate Chief Judge [Repealed, 2002, c. 8, s. 59] Associate Chief Justice means the Associate Chief Justice of the Court; (juge en chef adjoint) Chief Judge [Repealed, 2002, c. 8, s. 59] Chief Justice means the Chief Justice of the Court; (juge en chef) Court means the Tax Court of Canada; (Cour) judge means a judge of the Court and, unless the context otherwise requires, includes the Chief Justice and Associate Chief Justice; (juge) Registry means a registry established by the Chief Administrator of the Courts Administration Service pursuant to the Courts Administration Service Act for the purposes of this Act. (greffe) R.S., 1985, c. T-2, s. 2; 2002, c. 8, s. 59. Interpretation 2.1 For the purposes of this Act, the aggregate of all amounts means the total of all amounts assessed or determined by the Minister of National Revenue under the Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Interpretation Sections 2.1-2.2 Income Tax Act, but does not include any amount of interest or any amount of loss determined by that Minister. R.S., 1985, c. 51 (4th Supp.), s. 1. Idem 2.2 (1) For the purposes of this Act, the aggregate of supplies for the prior fiscal year of a person means the total value of all supplies, within the meaning of Part IX of the Excise Tax Act, made by the person in the last complete fiscal year, within the meaning of that Part, that ended at least six months before the day the notice of appeal for a particular appeal of that person was filed. Definition of amount in dispute (2) For the purposes of this Act, the amount in dispute in an appeal means (a ) in the case of an appeal under Part V.1 of the Customs Act , the total of all amounts assessed by the Minister of National Revenue under section 97.44 of that Act; (b) in the case of an appeal under the Excise Act, 2001, (i) the amount of duty, refund or relief that is in issue in the appeal, (ii) any interest under that Act that is in issue in the appeal, and (iii) any amount of duty, refund or relief under that Act, that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal; and (c) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount of tax, net tax and rebate, within the meaning of that Part, that is in issue in the appeal, (ii) any penalty under that Part that is in issue in the appeal, and (iii) any amount of tax, net tax or rebate, within the meaning of that Part, that is likely to be affected by the appeal in any other appeal, assessment or proposed assessment of the person who has brought the appeal. 1990, c. 45, s. 55; 2001, c. 25, s. 100; 2002, c. 22, ss. 397, 408; 2013, c. 33, s. 22. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Interpretation Sections 2.2-4 The Court Tax Court of Canada continued 3 The Tax Court of Canada is continued under the name of the Tax Court of Canada as a superior court of record. R.S., 1985, c. T-2, s. 3; 2002, c. 8, s. 60. The Judges Constitution of Court 4 (1) The Tax Court of Canada shall consist of the following judges: (a) a chief justice called the Chief Justice of the Tax Court of Canada; (b) an associate chief justice called the Associate Chief Justice of the Tax Court of Canada; and (c) not more than 22 other judges. Appointment of judges (2) The judges of the Court shall be appointed by the Governor in Council by commission under the Great Seal. Who may be appointed judge (3) Subject to subsection (4), any person may be appointed a judge of the Court who (a) is or has been a judge of a superior court in Canada; (b) is or has been a barrister or advocate of at least ten years standing at the bar of any province, or (c) has, for an aggregate of at least ten years, (i) been a barrister or advocate at the bar of any province, and (ii) after becoming a barrister or advocate at the bar of any province, exercised powers and performed duties and functions of a judicial nature on a full-time basis in respect of a position held pursuant to a law of Canada or a province. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada The Judges Sections 4-7 Chief Justice or Associate Chief Justice to be from Quebec (4) Either the Chief Justice or the Associate Chief Justice shall be a person who is or was a member of the bar of the Province of Quebec. R.S., 1985, c. T-2, s. 4; R.S., 1985, c. 51 (4th Supp.), s. 2; 1990, c. 45, s. 56; 1996, c. 22, s. 3; 2002, c. 8, s. 61; 2021, c. 23, s. 259. Chief Justice and Associate Chief Justice to have rank and precedence over all judges 5 (1) The Chief Justice, and after the Chief Justice the Associate Chief Justice, has rank and precedence over all the other judges. Rank and precedence among other judges (2) The other judges have rank and precedence after the Chief Justice and the Associate Chief Justice and among themselves according to seniority determined by reference to the respective times when they became judges of the Court or members of the Tax Review Board. Incapacity of Chief Justice, etc. (3) If the office of Chief Justice is vacant, or the Chief Justice is for any reason unable to act, the powers of the Chief Justice shall be exercised and the duties of the Chief Justice shall be performed (a) by the Associate Chief Justice; (b) in the event of the incapacity of the Associate Chief Justice or if the office of Associate Chief Justice is vacant, by a judge designated by the Chief Justice for that purpose; or (c) in the event of the incapacity of the judge referred to in paragraph (b), or if the Chief Justice has not designated a judge under that paragraph, by the senior judge who is in Canada and is able and willing to act and who has not elected to hold office as a supernumerary judge under section 28 of the Judges Act. R.S., 1985, c. T-2, s. 5; R.S., 1985, c. 51 (4th Supp.), s. 3; 2002, c. 8, s. 62. Residence of judges 6 (1) A judge shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof. (2) [Repealed, 2002, c. 8, s. 63] R.S., 1985, c. T-2, s. 6; 2002, c. 8, s. 63. Tenure of office 7 (1) Subject to subsection (2), a judge holds office during good behaviour, but is removable by the Governor Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada The Judges Sections 7-9 General on address of the Senate and House of Commons. Cessation of office (2) A judge shall cease to hold office on attaining the age of seventy-five years. Transitional (3) A judge of the Court who holds office on March 1, 1987 may retire at the age of seventy years. R.S., 1985, c. T-2, s. 7; R.S., 1985, c. 16 (3rd Supp.), s. 8. Oath of office 8 (1) Every judge shall, before entering on the duties of their office, take an oath that they will duly and faithfully, and to the best of their skill and knowledge, execute the powers and trusts reposed in them as a judge of the Court. How administered (2) The oath referred to in subsection (1) shall be administered to the Chief Justice before the Governor General, and to the other judges by the Chief Justice or, in the absence or incapacity of the Chief Justice, by any other judge. R.S., 1985, c. T-2, s. 8; 2002, c. 8, s. 64. Deputy judges of the Court 9 (1) Subject to subsection (3), any judge or former judge of a superior court in Canada or any judge or former judge of any other court who was appointed under an Act of the legislature of a province may, at the request of the Chief Justice made with the approval of the Governor in Council, act as a judge of the Court and while so acting has all the powers of a judge of the Court and shall be referred to as a deputy judge of the Court. Consent required (2) No request may be made under subsection (1) to a judge of a court in a province without the consent of the chief justice or chief judge of the court of which he or she is a member, or of the attorney general of the province. Approval of Governor in Council (3) The Governor in Council may approve the making of requests pursuant to subsection (1) in general terms or for particular periods or purposes, and may limit the number of persons who may act under this section. Salary (4) A person who acts as a judge for a period under subsection (1) shall be paid a salary for the period at the rate fixed by the Judges Act for a judge of the Court, other Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada The Judges Sections 9-12 than the Chief Justice or the Associate Chief Justice, less any amount otherwise payable to the person under that Act in respect of the period, and shall also be paid the travel allowances that a judge is entitled to be paid under that Act. R.S., 1985, c. T-2, s. 9; 1998, c. 19, s. 289; 2002, c. 8, ss. 65, 81(E). Supernumerary judges 10 For each office of judge there shall be the additional office of supernumerary judge that a judge of the Court may elect under the Judges Act to hold. 1980-81-82-83, c. 158, s. 10. Additional office of judge 11 For each of the offices of Chief Justice and Associate Chief Justice, there shall be an additional office of judge that the Chief Justice or Associate Chief Justice, respectively, may elect under the Judges Act to hold. R.S., 1985, c. T-2, s. 11; 2002, c. 8, s. 66(E). Jurisdiction and Powers of the Court Jurisdiction 12 (1) The Court has exclusive original jurisdiction to hear and determine references and appeals to the Court on matters arising under the Canada Pension Plan, the Cultural Property Export and Import Act, Part IX of the Excise Tax Act, the Old Age Security Act, the Petroleum and Gas Revenue Tax Act, Part V.1 of the Customs Act, the Income Tax Act, the Employment Insurance Act, the Air Travellers Security Charge Act, the Excise Act, 2001, the Softwood Lumber Products Export Charge Act, 2006, the Disability Tax Credit Promoters Restrictions Act, Part 1 of the Greenhouse Gas Pollution Pricing Act and the Underused Housing Tax Act when references or appeals to the Court are provided for in those Acts. Jurisdiction (2) The Court has exclusive original jurisdiction to hear and determine appeals on matters arising under the War Veterans Allowance Act and the Civilian War-related Benefits Act and referred to in section 33 of the Veterans Review and Appeal Board Act. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Jurisdiction and Powers of the Court Sections 12-13 Further jurisdiction (3) The Court has exclusive original jurisdiction to hear and determine questions referred to it under section 310 or 311 of the Excise Tax Act, section 97.58 of the Customs Act, section 173 or 174 of the Income Tax Act, section 51 or 52 of the Air Travellers Security Charge Act, section 204 or 205 of the Excise Act, 2001, section 62 or 63 of the Softwood Lumber Products Export Charge Act, 2006, section 121 or 122 of the Greenhouse Gas Pollution Pricing Act or section 45 or 46 of the Underused Housing Tax Act. Extensions of time (4) The Court has exclusive original jurisdiction to hear and determine applications for extensions of time under subsection 28(1) of the Canada Pension Plan, section 33.2 of the Cultural Property Export and Import Act, section 304 or 305 of the Excise Tax Act, section 97.51 or 97.52 of the Customs Act, section 166.2 or 167 of the Income Tax Act, subsection 103(1) of the Employment Insurance Act, section 45 or 47 of the Air Travellers Security Charge Act, section 197 or 199 of the Excise Act, 2001, section 115 or 117 of the Greenhouse Gas Pollution Pricing Act or section 39 or 41 of the Underused Housing Tax Act. Postponements of suspensions to issue tax receipts (5) The Court has exclusive original jurisdiction to hear and determine applications referred to in subsection 188.2(4) of the Income Tax Act by a registered charity for a postponement of a period of suspension of the authority of the charity to issue official receipts referred to in Part XXXV of the Income Tax Regulations. R.S., 1985, c. T-2, s. 12; R.S., 1985, c. 51 (4th Supp.), s. 4; 1990, c. 45, s. 57; 1991, c. 49, s. 221; 1992, c. 24, s. 18; 1995, c. 18, s. 98, c. 38, s. 6; 1996, c. 23, ss. 187, 188; 1998, c. 19, s. 290; 1999, c. 10, s. 46; 2001, c. 25, s. 101; 2002, c. 9, ss. 6, 10, c. 22, ss. 398, 408; 2005, c. 19, s. 61; 2006, c. 11, s. 27, c. 13, s. 121; 2014, c. 7, s. 11; 2018, c. 12, s. 189; 2018, c. 12, s. 198; 2022, c. 5, s. 21. Contempt against Court 13 The Court has the power, jurisdiction and authority to deal with and impose punishment for contempt against the Court, whether or not committed in the face of the Court. R.S., 1985, c. T-2, s. 13; 2002, c. 8, s. 67. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Sections 14-16.1 Proceedings Before the Court Sittings 14 (1) Subject to the rules of Court, any judge may sit and act at any time and at any place in Canada for the transaction of the business of the Court, and, where the judge so sits or acts, that judge constitutes the Court. Arrangements to be made by Chief Justice (2) Subject to the rules of Court, all arrangements that may be necessary or proper for the transaction of the business of the Court and the assignment from time to time of judges to transact that business shall be made by the Chief Justice. Hearing in different places (3) A proceeding before the Court may, by order of the Court, be heard partly at one place and partly at another. R.S., 1985, c. T-2, s. 14; R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 68(E). Police force 14.1 Any services or assistance in connection with the conduct of the Court’s hearings, the security of the Court and its premises and of staff of the Courts Administration Service that may, having regard to the circumstances, be found necessary shall be provided, at the request of the Chief Justice, by the Royal Canadian Mounted Police or any other police force that the Governor in Council may designate. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 69. Time limits and holidays 15 Where the time limited for the doing of a thing under this Act expires or falls on a holiday or a Saturday, the thing may be done on the day next following that is not a holiday or Saturday. R.S., 1985, c. T-2, s. 15; R.S., 1985, c. 51 (4th Supp.), s. 5. Giving of judgment after judge ceases to hold office 16 If a judge resigns or is appointed to another court or otherwise ceases to hold office, the judge may, at the request of the Chief Justice, at any time within eight weeks after that event, give judgment in any matter previously tried by or heard before the judge as if he or she had continued in office. R.S., 1985, c. T-2, s. 16; R.S., 1985, c. 48 (1st Supp.), s. 1, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 70(E). Hearings in camera 16.1 A hearing before the Court may, on the application of any party to a proceeding, other than Her Majesty in right of Canada or a Minister of the Crown, be held in Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court General Procedure Sections 16.1-17.2 camera if it is established to the satisfaction of the Court that the circumstances of the case justify in camera proceedings. R.S., 1985, c. 51 (4th Supp.), s. 5. Discontinuance 16.2 (1) A party who instituted a proceeding in the Court may, at any time, discontinue that proceeding by written notice. Effect of discontinuance (2) Where a proceeding is discontinued under subsection (1), it is deemed to be dismissed as of the day on which the Court receives the written notice. R.S., 1985, c. 51 (4th Supp.), s. 5. Costs against the Crown to be paid out of Consolidated Revenue Fund 16.3 There shall be paid out of the Consolidated Revenue Fund any costs awarded to any person against the Crown in any proceedings in the Court. R.S., 1985, c. 51 (4th Supp.), s. 5. General Procedure Application 17 Subject to sections 18 and 18.29 to 18.33, the provisions of sections 17.1 to 17.8 apply in respect of any proceedings over which the Court has jurisdiction. R.S., 1985, c. T-2, s. 17; R.S., 1985, c. 51 (4th Supp.), s. 5. Right to appear 17.1 (1) A party to a proceeding in respect of which this section applies may appear in person or be represented by counsel, but where the party wishes to be represented by counsel, only a person who is referred to in subsection (2) shall represent the party. Officers of the Court (2) Every person who may practise as a barrister, advocate, attorney or solicitor in any of the provinces may so practise in the Court and is an officer of the Court. R.S., 1985, c. 51 (4th Supp.), s. 5. How proceeding instituted 17.2 (1) Unless the Act under which the proceeding arises provides otherwise, a proceeding in respect of which this section applies shall be instituted by filing an originating document in the form and manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court General Procedure Sections 17.2-17.3 Filing date (2) An originating document is deemed to be filed on the day on which it is received by the Registry of the Court. Service of originating document (3) After the proceeding has been instituted, an officer of the Registry of the Court shall, on behalf of the party who instituted the proceeding and in accordance with the rules of the Court, serve the originating document without delay on Her Majesty in right of Canada by transmitting a copy to the office of the Deputy Attorney General of Canada. Certificate (4) An officer of the Registry of the Court shall, in accordance with the rules of the Court, deliver or forward to the party who instituted the proceeding a certificate indicating the date of filing of the originating document and the date of service on Her Majesty in right of Canada. Certificate to be evidence (5) A certificate is evidence of the dates of filing and service. R.S., 1985, c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 291; 2006, c. 11, s. 28. Examinations for discovery — Income Tax Act 17.3 (1) If the aggregate of all amounts in issue in an appeal under the Income Tax Act is $50,000 or less, or if the amount of the loss that is determined under subsection 152(1.1) of that Act and that is in issue is $100,000 or less, an oral examination for discovery is not to be held unless the parties consent to it or unless one of the parties applies for it and the Court is of the opinion that the case could not properly be conducted without that examination for discovery. Examinations for discovery — Excise Tax Act (2) If the amount in dispute in an appeal under Part IX of the Excise Tax Act is $50,000 or less, an oral examination for discovery is not to be held unless the parties consent to it or unless one of the parties applies for it and the Court is of the opinion that the case could not properly be conducted without that examination for discovery. Consideration on application (3) In considering an application under subsection (1) or (2), the Court may consider the extent to which the appeal is likely to affect any other appeal of the party who instituted the appeal or relates to an issue that is common to a group or class of persons. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court General Procedure Sections 17.3-17.7 Mandatory examination (4) The Court shall order an oral examination for discovery in an appeal referred to in subsection (1) or (2), on the request of one of the parties, if the party making the request agrees to submit to an oral examination for discovery by the other party and to pay the costs in respect of that examination for discovery of that other party in accordance with the tariff of costs set out in the rules of Court. R.S., 1985, c. 51 (4th Supp.), s. 5; 1993, c. 27, s. 216; 2013, c. 33, s. 23. Judgment shall be mailed 17.4 When the Court has rendered its judgment in a proceeding in respect of which this section applies, a copy of the judgment and any written reasons for it shall be sent to each party to the proceeding. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 71. Costs adjudged to Her Majesty in right of Canada 17.5 (1) In a proceeding in respect of which this section applies, costs adjudged to Her Majesty in right of Canada shall not be disallowed or reduced on taxation by reason only that counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of Her Majesty in right of Canada performing those services in the discharge of that counsel’s duty and remunerated therefor by salary, or for that or any other reason was not entitled to recover any costs from Her Majesty in right of Canada in respect of the services so rendered. Amounts to Receiver General (2) Any money or costs awarded to Her Majesty in right of Canada in a proceeding in respect of which this section applies shall be paid to the Receiver General. R.S., 1985, c. 51 (4th Supp.), s. 5. Appeals to Federal Court of Appeal 17.6 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 72. Procedure 17.7 A party wishing to appeal to the Federal Court of Appeal from a judgment of the Court in a proceeding in respect of which this section applies shall give notice of appeal to the Registry of the Federal Court of Appeal and all provisions of the Federal Courts Act and the rules made under that Act governing appeals to the Federal Court of Appeal apply, with any modifications that the circumstances require, in respect of the appeal. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 72. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court General Procedure Sections 17.8-18.11 Fees to be paid to Receiver General 17.8 All fees payable to the Registry under this Act in respect of any proceeding in respect of which this section applies shall be paid into the Consolidated Revenue Fund, except that where the Minister of Justice has entered into an arrangement whereby such fees are collected by an official of a provincial court, the fees so collected may be dealt with in accordance with the arrangement. R.S., 1985, c. 51 (4th Supp.), s. 5. Informal Procedure Application — Income Tax Act 18 (1) The provisions of sections 18.1 to 18.28 apply in respect of appeals under the Income Tax Act where a taxpayer has so elected in the taxpayer’s notice of appeal or at such later time as may be provided in the rules of Court, and (a) the aggregate of all amounts in issue is equal to or less than $25,000; or (b) the amount of the loss that is determined under subsection 152(1.1) of that Act and that is in issue is equal to or less than $50,000. Other appeals — Income Tax Act (2) The provisions of sections 18.1 to 18.28 also apply in respect of an appeal, on a taxpayer’s election in the taxpayer’s notice of appeal or at any later time as may be provided in the rules of the Court, if the only subjectmatter of the appeal is (a) an amount of interest assessed under the Income Tax Act; or (b) the validity of a suspension referred to in subsection 188.2(2) of that Act. R.S., 1985, c. T-2, s. 18; R.S., 1985, c. 51 (4th Supp.), s. 5; SOR/93-295, ss. 3, 4; 2005, c. 19, s. 62; 2013, c. 33, s. 24. Limit 18.1 Every judgment that allows an appeal referred to in subsection 18(1) is deemed to include a statement that the aggregate of all amounts in issue not be reduced by more than $25,000 or that the amount of the loss in issue not be increased by more than $50,000, as the case may be. R.S., 1985, c. 51 (4th Supp.), s. 5; SOR/93-295, ss. 3, 4; 2013, c. 33, s. 25. General procedure to apply 18.11 (1) The Court may order, on application of the Attorney General of Canada, that sections 17.1 to 17.8 apply in respect of an appeal referred to in section 18. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Section 18.11 When Court must order that general procedure apply (2) The Court shall grant an application under subsection (1) where (a) the outcome of the appeal is likely to affect (i) any other appeal of the appellant, or (ii) any other assessment or proposed assessment of the appellant, whether or not that assessment or proposed assessment relates to the same taxation year; and (b) the aggregate of all amounts (i) in issue in the appeal, (ii) likely to be affected in the other appeal referred to in subparagraph (a)(i), and (iii) likely to be affected in the other assessment or proposed assessment referred to in subparagraph (a)(ii), exceeds $25,000. General procedure applies — interest exceeding $25,000 (3) The Court shall grant an application under subsection (1) if the amount of interest that is in issue in an appeal exceeds $25,000. Interest accruing (4) For the purpose of calculating the amount of interest in issue for the purpose of subsection (3), no account shall be taken of any interest that accrues after the date of the notice of assessment that is the subject-matter of the appeal. Test case (5) The Court shall grant an application under subsection (1) where it is of the opinion that the issue that is the subject-matter of the appeal is common to a group or class of persons. Costs (6) The Court may, on making an order under subsection (1), other than an order granting an application pursuant to subsection (2) or (3), order that all reasonable and proper costs of the appellant be borne by Her Majesty in right of Canada. R.S., 1985, c. 51 (4th Supp.), s. 5; 1993, c. 27, s. 217; SOR/93-295, s. 3; 2013, c. 33, s. 26. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.12-18.14 Order for general procedure 18.12 (1) The Court shall order that sections 17.1 to 17.8 apply in respect of an appeal referred to in subsection 18(1) if, before the start of the hearing of the appeal, it appears to the Court that (a) the aggregate of all amounts in issue exceeds $25,000; or (b) the amount of the loss in issue exceeds $50,000. Limitation (2) Subsection (1) does not apply if the appellant elects to limit the aggregate of all amounts in issue to $25,000 or the amount of the loss in issue to $50,000, as the case may be. R.S., 1985, c. 51 (4th Supp.), s. 5; SOR/93-295, ss. 3, 4; 2013, c. 33, s. 27. Order at hearing 18.13 (1) The Court shall, on motion of either party or of its own motion, order that sections 17.1 to 17.8 apply with respect to an appeal referred to in subsection 18(1) if, after the hearing of the appeal has started but before a judgment is rendered on the appeal, it appears to the Court that (a) the aggregate of all amounts in issue exceeds $25,000; or (b) the amount of loss in issue exceeds $50,000. Limitation (2) Subsection (1) does not apply if (a) the appellant elects to limit the aggregate of all amounts in issue to $25,000 or the amount of the loss in issue to $50,000, as the case may be; or (b) the amount of the excess is too small to justify a re-hearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness. R.S., 1985, c. 51 (4th Supp.), s. 5; SOR/93-295, ss. 3, 4; 2013, c. 33, s. 27. Right to appear 18.14 All parties to an appeal referred to in section 18 may appear in person or may be represented by counsel or an agent. R.S., 1985, c. 51 (4th Supp.), s. 5. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.15-18.16 How proceeding instituted 18.15 (1) An appeal referred to in section 18 shall be instituted by filing an originating document with the Registry of the Court in the manner set out in the rules of Court and by paying, in accordance with the rules, any required filing fee. The document shall set out, in general terms, the reasons for the appeal and the relevant facts, but no special form is required unless the Act under which the appeal arises provides otherwise. Filing date (2) An originating document is deemed to be filed on the day on which it is received by the Registry of the Court. Hearing (3) Notwithstanding the provisions of the Act under which the appeal arises, the Court is not bound by any legal or technical rules of evidence in conducting a hearing and the appeal shall be dealt with by the Court as informally and expeditiously as the circumstances and considerations of fairness permit. R.S., 1985, c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 292; 2006, c. 11, s. 29. Time limit for reply to notice of appeal 18.16 (1) The Minister of National Revenue shall file a reply to a notice of appeal within sixty days after the day on which the Registry of the Court transmits to that Minister the notice of appeal unless the appellant consents, before or after the expiration of the sixty day period, to the filing of that reply after the sixty day period or the Court allows the Minister, on application made before or after the expiration of the sixty day period, to file the reply after that period. Exception (2) Notwithstanding subsection (1), where an application is made pursuant to subsection 18.11(1) to have an appeal heard in accordance with the general procedure, the Minister of National Revenue need not file a reply to the notice of appeal until the Court decides which procedure applies in respect of the appeal. Time after refusal (3) Where the Court dismisses an application referred to in subsection (2), the Minister of National Revenue shall file a reply to a notice of appeal on or before the later of (a) a day that is sixty days after the day on which the Registry of the Court transmits to that Minister the notice of appeal, and (b) a day that is thirty days after the day the written judgment dismissing the application is received by the Minister from the Registry of the Court, Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.16-18.18 unless the appellant consents, before or after the time referred to in paragraph (a) or (b), to the filing of the reply at a later date or the Court allows the Minister, on application made before or after the time referred to in paragraph (a) or (b), to file the reply after that time. Where reply not filed in time (4) The Minister of National Revenue may file a reply to a notice of appeal after the period limited under subsection (1) or (3), as the case may be, and where that Minister files the reply after that period or after the extension of time consented to by the appellant or granted by the Court, the allegations of fact contained in the notice of appeal are presumed to be true for the purposes of the appeal. Interpretation (5) The Minister of National Revenue may file a reply to a notice of appeal by mail and any such reply filed by mail shall be deemed to have been filed on the day on which it is mailed. R.S., 1985, c. 51 (4th Supp.), s. 5; 1993, c. 27, s. 218. Time for hearing 18.17 (1) Subject to subsection (1.1), the Court shall fix a date for the hearing of an appeal referred to in section 18 that is not later than one hundred and eighty days or, where the Court is of the opinion that it would be impracticable in the circumstances to fix a date for the hearing of the appeal within that period, three hundred and sixtyfive days after the last day on which the Minister of National Revenue must file a reply to the notice of appeal pursuant to subsection 18.16(1) or (3). Exceptional circumstances (1.1) The Court may, in exceptional circumstances, fix a date for the hearing of an appeal referred to in section 18 at any time after the periods referred to in subsection (1). Request for time extension (2) The Court may grant a request by a party to have an appeal heard after the date referred to in subsection (1) where the other parties consent thereto or where it would be appropriate to delay the hearing of the appeal until judgment has been rendered in another case before the Court or any other court in Canada in which the issue is the same or substantially the same as that raised in the appeal. R.S., 1985, c. 51 (4th Supp.), s. 5; 1993, c. 27, s. 219. Periods excluded 18.18 (1) For the purpose of calculating a time limit for the purpose of section 18.16, 18.17 or 18.22, Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.18-18.21 (a) the period beginning on December 21 in any year and ending on January 7 of the next year shall be excluded; and (b) the period during which proceedings are stayed in accordance with subsection 239(4) of the Income Tax Act shall be excluded. Calculation of time limits (2) For the purpose of calculating a time limit for the purposes of section 18.3003 or 18.3005, the following periods shall be excluded: (a) the period beginning on December 21 in any year and ending on January 7 of the next year; and (b) the period during which proceedings are stayed in accordance with subsection 106(3) of the Customs Act, subsection 219(3) of the Excise Act, 2001 or subsection 327(4) of the Excise Tax Act. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 58; 2001, c. 25, s. 102; 2002, c. 22, ss. 399, 408. Notice of hearing 18.19 (1) When the date of a hearing has been fixed, a copy of the notice of hearing shall, not later than thirty days before that date, be sent by registered mail to all parties, or served on all parties. Waiver of notice (2) A party to an appeal may waive that party’s right to be notified of a hearing in accordance with subsection (1). R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 73. Adjournment 18.2 (1) The Court shall adjourn the hearing of an appeal where, in the opinion of the Court, it would be impractical in all the circumstances to proceed on the day fixed for the hearing. Request for adjournment (2) The Court may grant a request by a party to have the hearing of an appeal adjourned where the other parties consent thereto or where it would be appropriate to delay that hearing until judgment has been rendered in another case before the Court or before any other court in Canada in which the issue is the same or substantially the same as that raised in the appeal. R.S., 1985, c. 51 (4th Supp.), s. 5. Failure to appear 18.21 (1) Where an appellant does not appear on the day fixed for the hearing, or obtain an adjournment of the hearing, of an appeal, the Court shall, on application Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.21-18.23 by the respondent and whether or not the appellant has received notice of the application, order that the appeal be dismissed, unless the Court is of the opinion that circumstances justify that the appeal be set down for hearing at a later date. Application (2) An appellant whose appeal has been dismissed pursuant to subsection (1) may apply to have the order of dismissal set aside and the appeal set down for hearing. Where order set aside (3) The Court may set aside an order of dismissal made under subsection (1) where (a) it would have been unreasonable in all the circumstances for the appellant to have attended the hearing; and (b) the appellant applied to have the order of dismissal set aside as soon as circumstances permitted the application to be brought but, in any event, not later than one hundred and eighty days after the day on which the order was mailed to the appellant. R.S., 1985, c. 51 (4th Supp.), s. 5. Time for judgment 18.22 (1) The Court shall, other than in exceptional circumstances, render judgment on an appeal referred to in section 18 not later than ninety days after the day on which the hearing is concluded. Definition of exceptional circumstances (2) For the purposes of subsection (1), exceptional circumstances includes circumstances in which written material that the Court requires in order to render a judgment was not received in time to permit the Court to consider it and to render judgment within the time limit imposed by that subsection. Copy of decision (3) On the disposition of an appeal referred to in section 18, a copy of the decision and written reasons for the decision, if any, shall be forwarded by registered mail to the Minister of National Revenue and to each party to the appeal. R.S., 1985, c. 51 (4th Supp.), s. 5; 1993, c. 27, s. 220; 2002, c. 8, s. 74. Reasons for judgment 18.23 The Court shall give reasons for its judgment but, except where the Court deems it advisable in a particular case to give reasons in writing, the reasons given by it need not be in writing. R.S., 1985, c. 51 (4th Supp.), s. 5. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.24-18.28 Final judgment 18.24 An appeal from a judgment of the Court in a proceeding in respect of which this section applies lies to the Federal Court of Appeal in accordance with section 27 of the Federal Courts Act. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 75. Costs 18.25 If the Minister of National Revenue appeals a judgment referred to in section 18.24, the reasonable and proper costs of the taxpayer in respect of the appeal shall be paid by Her Majesty in right of Canada. R.S., 1985, c. 51 (4th Supp.), s. 5; 2002, c. 8, s. 75. Costs 18.26 (1) The Court may, subject to the rules, award costs. In particular, the Court may award costs to the appellant if the judgment reduces the aggregate of all amounts in issue or the amount of interest in issue, or increases the amount of loss in issue, as the case may be, by more than one half. Consideration of offers (2) The Court may, in deciding whether to award costs, consider any written offer of settlement made at any time after the notice of appeal is filed. R.S., 1985, c. 51 (4th Supp.), s. 5; 1998, c. 19, s. 293; 2006, c. 11, s. 30. Regulations 18.27 The Governor in Council may make regulations (a) increasing the amount of $25,000 referred to in paragraph 18(1)(a), section 18.1, paragraph 18.11(2)(b), subsection 18.11(3), and sections 18.12 and 18.13 to any amount that does not exceed $50,000; (b) increasing the amount of $50,000 referred to in paragraph 18(1)(b), and sections 18.1, 18.12 and 18.13 to any amount that does not exceed $100,000; and (c) increasing the amount in dispute referred to in paragraphs 18.3002(3)(c) and 18.3008(c) and subparagraph 18.3009(1)(c)(i) to any amount that does not exceed $12,000. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 59; 1998, c. 19, s. 294; 2006, c. 11, s. 31; 2013, c. 33, s. 28. No precedential value 18.28 A judgment on an appeal referred to in section 18 shall not be treated as a precedent for any other case. R.S., 1985, c. 51 (4th Supp.), s. 5. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Section 18.29 Other applications 18.29 (1) The provisions of sections 18.14 and 18.15, other than the reference to filing fees, subsection 18.18(1), section 18.19, subsection 18.22(3) and sections 18.23 and 18.24 apply, with any modifications that the circumstances require, in respect of appeals arising under (a) Part I of the Canada Pension Plan; (b) Parts IV, VII and VII.1 of the Employment Insurance Act; (c) the Old Age Security Act, to the extent that a ground of the appeal involves a decision or determination as to income; and (d) the War Veterans Allowance Act, or Part XI of the Civilian War-related Benefits Act from an adjudication of the Veterans Review and Appeal Board as to what constitutes income or as to the source of income. Inconsistent provisions (2) Where an appeal arises out of one of the Acts referred to in subsection (1) and that Act contains a provision that is inconsistent with one of the provisions of this Act referred to in that subsection, the provision of the Act out of which the appeal arises prevails to the extent of the inconsistency. Extension of time and postponements of suspensions (3) The provisions referred to in subsection (1) also apply, with any modifications that the circumstances require, in respect of applications for (a) an extension of time under (i) subsection 28(1) of the Canada Pension Plan, (ii) section 33.2 of the Cultural Property Export and Import Act, (iii) section 97.51 or 97.52 of the Customs Act, (iv) subsection 103(1) of the Employment Insurance Act, (v) section 197 or 199 of the Excise Act, 2001, (vi) section 304 or 305 of the Excise Tax Act, (vi.1) section 115 or 117 of the Greenhouse Gas Pollution Pricing Act, Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.29-18.3 (vii) section 166.2 or 167 of the Income Tax Act, (viii) section 56 or 58 of the Softwood Lumber Products Export Charge Act, 2006, or (ix) section 39 or 41 of the Underused Housing Tax Act; and (b) a postponement of a portion of a period of suspension of authority to issue tax receipts under subsection 188.2(4) of the Income Tax Act. Reasons for judgment — extensions of time and postponements (4) In respect of an application for an extension of time under the provisions referred to in paragraph (3)(a) or for a postponement referred in paragraph (3)(b), if either party to the application makes a request to the Court for reasons for its judgment, the Court shall give such reasons but those reasons need not be in writing. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 60; 1991, c. 49, s. 222; 1992, c. 24, s. 19; 1993, c. 27, s. 221; 1994, c. 26, s. 67(E); 1995, c. 18, s. 99, c. 38, s. 7; 1996, c. 23, s. 184; 1998, c. 19, s. 295; 1999, c. 10, s. 47; 2000, c. 30, s. 178; 2001, c. 25, s. 103; 2002, c. 9, ss. 7, 10, c. 22, ss. 400, 408; 2005, c. 19, s. 63; 2006, c. 11, s. 32, c. 13, s. 122; 2009, c. 33, s. 33; 2018, c. 12, s. 190; 2022, c. 5, s. 22. Further application 18.3 (1) The provisions of subsection 18(2) and sections 18.1 to 18.28 apply, with such modifications as the circumstances require, in respect of appeals arising under the Petroleum and Gas Revenue Tax Act where the appellant has so elected in the appellant’s notice of appeal or at such later time as may be provided in the rules of Court and the amount of the tax and penalties in issue is equal to or less than $7,000. Inconsistent provisions (2) Where a provision of the Petroleum and Gas Revenue Tax Act is inconsistent with one of the provisions of this Act referred to in subsection (1), the provision of the Petroleum and Gas Revenue Tax Act prevails to the extent of the inconsistency. R.S., 1985, c. 51 (4th Supp.), s. 5. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.3001-18.3002 Application — Excise Act, 2001, Customs Act, and Excise Tax Act 18.3001 Subject to section 18.3002, this section and sections 18.3003, 18.3005 and 18.3008 to 18.302 apply, with any modifications that the circumstances require, to an appeal under (a) the Excise Act, 2001 if (i) a person has so elected in the notice of appeal for an appeal under that Act or at such later time as may be provided in the rules of Court, and (ii) the amount in dispute does not exceed $25,000; (b) Part V.1 of the Customs Act if a person has so elected in the notice of appeal for an appeal under that Act or at such later time as may be provided in the rules of Court; and (c) Part IX of the Excise Tax Act if (i) a person has so elected in the notice of appeal for an appeal under that Act or at such later time as may be provided in the rules of Court, and (ii) the amount in dispute does not exceed $50,000. 1990, c. 45, s. 61; 1998, c. 19, s. 296; 2001, c. 25, s. 104; 2002, c. 22, ss. 401, 408; 2013, c. 33, s. 29. Limit — Excise Act, 2001 18.30011 Every judgment that allows an appeal referred to in paragraph 18.3001(a) is deemed to include a statement that the amount in dispute not be reduced by more than $25,000. 2013, c. 33, s. 29. Limit — Excise Tax Act 18.30012 Every judgment that allows an appeal referred to in paragraph 18.3001(c) is deemed to include a statement that the amount in dispute not be reduced by more than $50,000. 2013, c. 33, s. 29. General procedure to apply 18.3002 (1) If the Attorney General of Canada so requests, the Court shall order that (a) in the case of an appeal referred to in paragraph 18.3001(a) or (b), sections 17.1, 17.2 and 17.4 to 17.8 apply to an appeal in respect of which sections 18.3003, 18.3005 and 18.3008 to 18.302 would otherwise apply; and (b) in the case of an appeal referred to in paragraph 18.3001(c), sections 17.1 to 17.8 apply to an appeal in Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.3002-18.30021 respect of which sections 18.3003, 18.3005 and 18.3008 to 18.302 would otherwise apply. Time for request (2) A request under subsection (1) shall not be made after sixty days after the day the Registry of the Court transmits to the Minister of National Revenue the notice of appeal unless (a) the Court is satisfied that the Attorney General of Canada became aware of information that justifies the making of the request after the sixty days had elapsed or that the request is otherwise reasonable in the circumstances; or (b) the person who has brought the appeal consents to the making of the request after the sixty days have elapsed. Costs (3) The Court shall, on making an order under subsection (1), order that all reasonable and proper costs of the person who has brought the appeal be borne by Her Majesty in right of Canada where (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001, the total of sales by the person for the prior calendar year did not exceed $1,000,000; and (c) in the case of an appeal under Part IX of the Excise Tax Act, the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. 1990, c. 45, s. 61; 1998, c. 19, s. 297; 2001, c. 25, s. 105; 2002, c. 22, ss. 402, 408; 2013, c. 33, s. 30. Order for general procedure — Excise Act, 2001 18.30021 If, before the start of the hearing of an appeal referred to in paragraph 18.3001(a), it appears to the Court that the amount in dispute exceeds $25,000, the Court shall order that sections 17.1, 17.2 and 17.4 to 17.8 apply in respect of the appeal unless the appellant elects to limit the appeal to $25,000. 2013, c. 33, s. 31. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.30022-18.3003 Order for general procedure — Excise Tax Act 18.30022 If, before the start of the hearing of an appeal referred to in paragraph 18.3001(c), it appears to the Court that the amount in dispute exceeds $50,000, the Court shall order that sections 17.1 to 17.8 apply in respect of the appeal unless the appellant elects to limit the appeal to $50,000. 2013, c. 33, s. 31. Order at hearing — Excise Act, 2001 18.30023 If, after the hearing of an appeal referred to in paragraph 18.3001(a) has started but before a judgment is rendered on the appeal, it appears to the Court that the amount in dispute exceeds $25,000, the Court shall, on motion of either party or of its own motion, order that sections 17.1, 17.2 and 17.4 to 17.8 apply with respect to the appeal unless (a) the appellant elects to limit the appeal to $25,000; or (b) the amount of the excess is too small to justify a re-hearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness. 2013, c. 33, s. 31. Order at hearing — Excise Tax Act 18.30024 If, after the hearing of an appeal referred to in paragraph 18.3001(c) has started but before a judgment is rendered on the appeal, it appears to the Court that the amount in dispute exceeds $50,000, the Court shall, on motion of either party or of its own motion, order that sections 17.1 to 17.8 apply with respect to the appeal unless (a) the appellant elects to limit the appeal to $50,000; or (b) the amount of the excess is too small to justify a re-hearing in accordance with the general procedure, taking into account the inconvenience and expense that would result to the parties and the interests of justice and fairness. 2013, c. 33, s. 31. Time limit for reply to notice of appeal 18.3003 (1) Subject to subsection (2), the Minister of National Revenue shall file a reply to a notice of appeal referred to in section 18.3001 within sixty days after the day the Registry of the Court transmits to that Minister Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.3003-18.3007 the notice of appeal, unless the person who has brought the appeal consents, before or after the sixty day period has elapsed, to the filing of that reply after the expiration of those sixty days or the Court allows the Minister, on application made before or after the expiration of those sixty days, to file the reply after that period. Where reply not filed in time (2) The Minister of National Revenue may file a reply to a notice of appeal after the period referred to in subsection (1) and, where the Minister does not file the reply within the sixty day period or within the extension of time consented to by the person who has brought the appeal or granted by the Court, the allegations of fact contained in the notice of appeal are presumed to be true for the purposes of the appeal. 1990, c. 45, s. 61; 1993, c. 27, s. 222; 2001, c. 25, s. 106(E). Time limit — general procedure 18.3004 Where the Court makes an order pursuant to subsection 18.3002(1) in respect of an appeal, or where the person who has brought the appeal has not made an election referred to in section 18.3001 in respect of the appeal, that person may consent to the filing of a reply by the Minister of National Revenue after the day the reply would otherwise be required to be filed. 1990, c. 45, s. 61. Time for hearing 18.3005 (1) Subject to subsection (2), the Court shall fix a date for the hearing of an appeal referred to in section 18.3001 that is not later than one hundred and eighty days or, where the Court is of the opinion that it would be impracticable in the circumstances to fix a date for the hearing of the appeal within that period, three hundred and sixty-five days after the last day on which the Minister of National Revenue must file a reply to the notice of appeal pursuant to subsection 18.3003(1). Exceptional circumstances (2) The Court may, in exceptional circumstances, fix a date for the hearing of an appeal referred to in section 18.3001 at any time after the periods referred to in subsection (1). 1990, c. 45, s. 61; 1993, c. 27, s. 223. 18.3006 [Repealed, 1993, c. 27, s. 223] Costs 18.3007 (1) The Court may, if the circumstances so warrant, make no order as to costs or order that the person who brought the appeal be awarded costs, notwithstanding that under the rules of Court costs would be Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.3007-18.3008 adjudged to Her Majesty in right of Canada, or make an order that person be awarded costs, notwithstanding that under the rules of Court no order as to costs would be made, if (a) an order has been made under subsection 18.3002(1) in respect of the appeal; (b) the appeal is not an appeal referred to in subsection 18.3002(3); and (c) in the case of an appeal (i) under Part V.1 of the Customs Act, the amount in dispute does not exceed $50,000, (ii) under the Excise Act, 2001, the amount in dispute in the appeal does not exceed $50,000 and the aggregate of sales by the person for the prior calendar year did not exceed $6,000,000, or (iii) under Part IX of the Excise Tax Act, amount in dispute in the appeal does not ceed $50,000 and the aggregate of supplies for prior fiscal year of the person did not ceed $6,000,000. the exthe exTime for order (2) Where costs are awarded under subsection (1), the award shall be made at the time of the order disposing of the appeal. 1990, c. 45, s. 61; 2001, c. 25, s. 107; 2002, c. 22, ss. 403, 408. Costs on further appeal 18.3008 If a judgment on an appeal referred to in section 18.3001 is appealed by the Minister of National Revenue under section 27 of the Federal Courts Act, the reasonable and proper costs of the appeal under that section of the person who brought the appeal referred to in section 18.3001 shall be borne by Her Majesty in right of Canada if that appeal was an appeal for which (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001, the amount in dispute does not exceed $25,000 and the aggregate of sales by the person for the prior calendar year did not exceed $1,000,000; and (c) in the case of an appeal under Part IX of the Excise Tax Act, the amount in dispute does not exceed $7,000 and the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. 1990, c. 45, s. 61; 2001, c. 25, s. 108; 2002, c. 8, s. 76, c. 22, ss. 404, 408. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court Informal Procedure Sections 18.3008-18.302 Costs 18.3009 (1) In an appeal referred to in section 18.3001, the Court may, subject to the rules of Court, award costs. In particular, the Court may award costs to the person who brought the appeal if the judgment reduces the amount in dispute by more than one half and (a) in the case of an appeal under Part V.1 of the Customs Act, the amount in dispute does not exceed $10,000; (b) in the case of an appeal under the Excise Act, 2001 (i) the amount in dispute does not exceed $25,000, and (ii) the total of sales by the person for the prior calendar year did not exceed $1,000,000; or (c) in the case of an appeal under Part IX of the Excise Tax Act, (i) the amount in dispute does not exceed $7,000, and (ii) the aggregate of supplies for the prior fiscal year of the person did not exceed $1,000,000. Consideration of offers (2) The Court may, in deciding under subsection (1) whether to award costs, consider any written offer of settlement made at any time after the notice of appeal is filed. 1990, c. 45, s. 61; 1998, c. 19, s. 298; 2001, c. 25, s. 109; 2002, c. 22, ss. 405, 408; 2006, c. 11, s. 33. Interest accruing 18.301 For the purpose of calculating the amount in dispute in an appeal, no account shall be taken of any interest that accrues after the date of the notice of assessment that is the subject-matter of the appeal. 1990, c. 45, s. 61; 1993, c. 27, s. 224. Provisions to apply 18.302 The provisions of sections 18.14 and 18.15, subsections 18.16(5) and 18.17(2) and sections 18.19 to 18.24 and 18.28 apply, with such modifications as the circumstances require, in respect of appeals referred to in section 18.3001. 1993, c. 27, s. 224. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court References Sections 18.31-18.33 References General procedure 18.31 (1) Where an application has been made under section 173 of the Income Tax Act for the determination of a question of law, fact or mixed law and fact, sections 17.1 to 17.8 apply, with such modifications as the circumstances require, in respect of the determination of the question. Determination of a question (2) If it is agreed under section 310 of the Excise Tax Act, section 97.58 of the Customs Act, section 51 of the Air Travellers Security Act, section 204 of the Excise Act, 2001, section 62 of the Softwood Lumber Products Export Act, 2006, section 121 of the Greenhouse Gas Pollution Pricing Act or section 45 of the Underused Housing Tax Act that a question should be determined by the Court, sections 17.1, 17.2 and 17.4 to 17.8 apply, with any modifications that the circumstances require, in respect of the determination of the question. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 62; 2001, c. 25, s. 110; 2002, c. 9, ss. 8, 10, c. 22, ss. 406, 408; 2006, c. 13, s. 123; 2018, c. 12, s. 191; 2022, c. 5, s. 23. Idem 18.32 (1) Where an application has been made under section 174 of the Income Tax Act for the determination of a question of law, fact or mixed law and fact in respect of two or more taxpayers, the application or determination of the question shall, subject to section 18.33, be determined in accordance with sections 17.1 to 17.8, with such modifications as the circumstances require. Provisions applicable to determination of a question (2) If an application has been made under section 311 of the Excise Tax Act, section 52 of the Air Travellers Security Charge Act, section 205 of the Excise Act, 2001, section 63 of the Softwood Lumber Products Export Charge Act, 2006, section 122 of the Greenhouse Gas Pollution Pricing Act or section 46 of the Underused Housing Tax Act for the determination of a question, the application or determination of the question must, subject to section 18.33, be determined in accordance with sections 17.1, 17.2 and 17.4 to 17.8, with any modifications that the circumstances require. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 63; 2002, c. 9, ss. 9, 10, c. 22, s. 407; 2006, c. 13, s. 124; 2018, c. 12, s. 192; 2022, c. 5, s. 24. Request for informal procedure 18.33 (1) The Attorney General of Canada or any taxpayer in respect of whom an application referred to in Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Proceedings Before the Court References Section 18.33 section 18.32 is made may request that sections 18.14 and 18.15, subsection 18.22(3) and sections 18.23 to 18.27 apply in respect of the application or determination of the question. Consent — income tax cases (2) Where all parties to an application referred to in subsection 18.32(1) so agree and there is a taxpayer in respect of whom the application is made whose amount of tax and penalties in issue or amount of loss in issue does not exceed the amount referred to in paragraph 18(1)(a) or (b), as the case may be, the Court shall grant the request referred to in subsection (1). Consent — excise tax cases (2.1) Where all parties to an application referred to in subsection 18.32(2) so agree, the Court shall grant the request referred to in subsection (1). Granting of request — income tax cases (3) The Court may grant a request referred to in subsection (1) where it is of the opinion that the interests of justice would best be served by having the provisions referred to in that subsection apply in respect of the application referred to in subsection 18.32(1) and there is a taxpayer in respect of whom the application is made whose amount of tax and penalties in issue or amount of loss in issue does not exceed the amount referred to in paragraph 18(1)(a) or (b), as the case may be. Effect of order (4) Where the Court grants a request referred to in subsection (1), sections 18.14 and 18.15, subsection 18.22(3) and sections 18.23 to 18.27 apply, with such modifications as the circumstances require, to the application or determination of the question. Costs (5) Where the Court dismisses a request referred to in subsection (1), there is a taxpayer in respect of whom the application is made whose amount of tax and penalties in issue or loss in issue does not exceed the amount referred to in paragraph 18(1)(a) or (b), as the case may be, and that taxpayer made or consented to the request, the Court may order the Minister of National Revenue to pay the costs of that taxpayer in respect of the application in accordance with the tariff of costs set out in the rules of Court. R.S., 1985, c. 51 (4th Supp.), s. 5; 1990, c. 45, s. 64. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Oaths and Affidavits Sections 19-19.1 Oaths and Affidavits Who may administer oath, etc. 19 (1) All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court. Idem (2) The Governor in Council may, by commission, empower such person as he or she thinks necessary, within or outside Canada, to administer oaths and to take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court. R.S., 1985, c. T-2, s. 19; 2002, c. 8, s. 81(E). General Vexatious proceedings 19.1 (1) If the Court is satisfied, on application, that a person has persistently instituted vexatious proceedings or has conducted a proceeding in a vexatious manner, it may order that no further proceedings be instituted by the person in the Court or that a proceeding previously instituted by the person in the Court not be continued, except by leave of the Court, and may award costs against the person in accordance with the rules of the Court. Attorney General of Canada (2) An application under subsection (1) may be made only with the consent of the Attorney General of Canada, who is entitled to be heard on the application and on any application made under subsection (3). Application for rescission or leave to proceed (3) A person against whom the Court has made an order under subsection (1) may apply to the Court for rescission of the order or for leave to institute or continue a proceeding. Court may grant leave (4) If an application is made to the Court under subsection (3) for leave to institute or continue a proceeding, the Court may grant leave if it is satisfied that the proceeding is not an abuse of process and that there are reasonable grounds for the proceeding. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada General Sections 19.1-20 No appeal (5) A decision of the Court under subsection (4) is final and is not subject to appeal. 2002, c. 8, s. 77. Constitutional questions 19.2 (1) If the constitutional validity, applicability or operability of an Act of Parliament or its regulations is in question before the Court, the Act or regulations shall not be judged to be invalid, inapplicable or inoperable unless notice has been served on the Attorney General of Canada and the attorney general of each province in accordance with subsection (2). Time of notice (2) The notice must be served at least 10 days before the day on which the constitutional question is to be argued, unless the Court orders otherwise. Notice of appeal (3) The Attorney General of Canada and the attorney general of each province are entitled to notice of any appeal made in respect of the constitutional question. Right to be heard (4) The Attorney General of Canada and the attorney general of each province are entitled to adduce evidence and make submissions to the Court in respect of the constitutional question. Appeal (5) If the Attorney General of Canada or the attorney general of a province makes submissions, that attorney general is deemed to be a party to the proceedings for the purpose of any appeal in respect of the constitutional question. 2002, c. 8, s. 77; 2006, c. 11, s. 34(E). Rules Rules 20 (1) Subject to the approval of the Governor in Council, rules for regulating the pleadings, practice and procedure in the Court shall be made by the rules committee. Idem (1.1) Without limiting the generality of the foregoing, the rules committee may make rules (a) for oral examinations for discovery of officers of Her Majesty in right of Canada; Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Rules Section 20 (b) for discovery and production, and supplying of copies, of documents by Her Majesty in right of Canada; (c) respecting the taking of evidence before a judge or any other qualified person, inside or outside Canada, before or during a proceeding before the Court, and on commission or otherwise, of any person; (d) providing for the reference of any question of fact for inquiry and report by a judge or other person as referee; (e) for the fixing of fees to be paid by a party to the Registry of the Court for payment into the Consolidated Revenue Fund in respect of a proceeding before the Court; (f) providing for the procedure that applies in respect of an appeal that was commenced according to one procedure and becomes an appeal in respect of which the other procedure applies; (g) providing for pre-trial conferences; (h) respecting the use of any means of communication, including telecommunications, for the conduct of proceedings; (h.1) prescribing, for the purposes of subsection 28(1) of the Canada Pension Plan or subsection 103(1) of the Employment Insurance Act, when a determination or a decision on an appeal to the Minister of National Revenue under section 27 of the Canada Pension Plan or section 93 of the Employment Insurance Act, as the case may be, is communicated to a person; (i) for regulating the duties of officers of the Court; (j) for awarding and regulating costs in the Court in favour of or against the Crown as well as other parties and for authorizing the refusal of costs to an appellant who, in circumstances in which the appellant could make an election under section 18, does not make such an election; (k) designating an act or omission of a person to be in contempt of court, respecting the procedure to be followed in proceedings for contempt and establishing penalties for a finding of contempt; and (l) for awarding and regulating costs in the Court against a person who is subject to an order under subsection 19.1(1). Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Rules Sections 20-22 When effective (2) No rule made under this section has effect until it has been published in the Canada Gazette. Tabling of rules (3) A copy of every rule made under this section shall be laid before Parliament on any of the first fifteen days after the making thereof that either House of Parliament is sitting. R.S., 1985, c. T-2, s. 20; R.S., 1985, c. 51 (4th Supp.), s. 6; 1993, c. 27, s. 225; 1996, c. 23, s. 185; 2002, c. 8, s. 78. Rules remain in force 21 All rules regulating the practice and procedure before the Tax Review Board on July 18, 1983 shall, to the extent that they are not inconsistent with this Act, remain in force until revoked or altered by the Court under section 22 or until otherwise determined. 1980-81-82-83, c. 158, s. 29. Rules committee 22 (1) The rules committee shall be composed of (a) the Chief Justice; (b) the Associate Chief Justice; (c) three judges of the Court that are designated from time to time by the Chief Justice; (c.1) the Chief Administrator of the Courts Administration Service; (d) one representative designated from time to time by the Attorney General of Canada; and (e) two barristers, advocates, attorneys or solicitors designated from time to time by the Attorney General of Canada. President (2) The Chief Justice or, in the Chief Justice’s absence, the Associate Chief Justice shall preside over the rules committee. Rules procedure (3) Where the rules committee proposes to amend, vary or revoke any rule made under section 20 or continued under section 21, or continued under section 28, 29 or 30 Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Rules Sections 22-23 of An Act to amend the Tax Court of Canada Act and other Acts in consequence thereof, chapter 51 of the 4th Supplement to the Revised Statutes of Canada, the rules committee (a) shall give notice of the proposed rule by publishing it in the Canada Gazette and shall, in the notice, invite any interested person to make representations in writing with respect thereto within sixty days after the date of the publication; and (b) may, after the expiration of the sixty days referred to in paragraph (a) and subject to the approval of the Governor in Council, implement the proposed rule either as originally published or as revised in such manner as the rules committee deems advisable having regard to any representations made to the rules committee. Expenses (4) Each person referred to in paragraph (1)(e) is entitled to be paid, from the budget of the Court, travel and living expenses incurred in carrying out duties as a member of the rules committee while absent from the person’s ordinary place of residence, but those expenses shall not exceed the maximum limits authorized by Treasury Board directive for employees of the Government of Canada. R.S., 1985, c. T-2, s. 22; R.S., 1985, c. 1 (4th Supp.), s. 44(E), c. 51 (4th Supp.), s. 7; 2002, c. 8, s. 79. Administration of Court Designation of Judicial Administrator 23 (1) The Chief Justice may designate an employee of the Courts Administration Service as the Judicial Administrator of the Court. Duties (2) The Judicial Administrator of the Court shall perform any non-judicial work that may be delegated to him or her by the Chief Justice of the Court, in accordance with the instructions given by the Chief Justice, including (a) the making of an order fixing the time and place of a hearing, or adjourning a hearing; and (b) arranging for the distribution of judicial business in the Court. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada Administration of Court Sections 23-25 Revocation of designation (3) A designation made under subsection (1) may be revoked at any time and is automatically revoked when the Chief Justice by whom it was made ceases to hold office as Chief Justice. R.S., 1985, c. T-2, s. 23; 2002, c. 8, s. 80. Sittings throughout Canada 24 The Court may sit at such times and at such places throughout Canada as it considers necessary or desirable for the proper conduct of its business. 1980-81-82-83, c. 158, s. 23. Transitional Eligibility for supernumerary status and annuities 25 (1) For the purposes of sections 28 and 42 of the Judges Act, a judge shall be deemed to have held judicial office during any period of time during which the judge held office as a member of the Tax Review Board. Idem for Associate Chief Judge (2) For the purposes of an election under section 31 and of section 42 of the Judges Act, the Associate Chief Judge shall be deemed to have held office as such during any period of time during which the Associate Chief Judge held office as Assistant Chairman of the Tax Review Board or as Chief Judge of the Court. R.S., 1985, c. T-2, s. 25; R.S., 1985, c. 51 (4th Supp.), s. 8. Current to June 20, 2022 Last amended on June 9, 2022 Tax Court of Canada RELATED PROVISIONS RELATED PROVISIONS — 2002, c. 8, ss. 185 (8) to (10) Chief Justice of the Tax Court of Canada (8) The person holding the office of Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Chief Justice of the Tax Court of Canada. — 2002, c. 8, ss. 185 (8) to (10) Associate Chief Justice of the Tax Court of Canada (9) The person holding the office of Associate Chief Judge of the Tax Court of Canada on the coming into force of section 1 of this Act continues in office with their title in English being changed to Associate Chief Justice of the Tax Court of Canada. — 2002, c. 8, ss. 185 (8) to (10) Deputy judges of Tax Court of Canada (10) A person who, on the coming into force of section 1 of this Act, was authorized to act as a deputy judge of the Tax Court of Canada may act as a deputy judge of that Court if requested to do so by the Chief Justice of the Court. — 2002, c. 8, ss. 185 (13), (14) Letters patent (13) Letters patent under the Great Seal may be issued under the authority of the Governor in Council to each of the persons referred to in subsections (1) to (4), (8) and (9) evidencing the person’s office by virtue of this section. — 2002, c. 8, ss. 185 (13), (14) Transfer of court employees (14) Nothing in this Act shall be construed as affecting the status of an employee, as defined in subsection 2(1) of the Public Service Employment Act, who, immediately before the coming into force of section 1 of this Act, occupied a position in or was a member of the staff of the Federal Court of Canada or the Tax Court of Canada, except that the employee, on that coming into force, occupies that position in the Courts Administration Service under the authority of the Chief Administrator of that Service. Current to June 20, 2022 Last amended on June 9, 2022

CONSOLIDATION Tla’amin Final Agreement Act S.C. 2014, c. 11 Current to June 20, 2022 Last amended on April 5, 2016 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 5, 2016. Any amendments that were not in force as of June 20, 2022 are set out at the end of this document under the heading “Amendments Not in Force”. Current to June 20, 2022 Last amended on April 5, 2016 TABLE OF PROVISIONS An Act to give effect to the Tla’amin Final Agreement and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Status of Agreement Agreement 4 Agreement given effect Agreement prevails Appropriation 6 Payments out of C.R.F. Lands 7 Fee simple estate Taxation 8 Tax Treatment Agreement given effect Clarification Application of Other Acts 10 Indian Act First Nations Land Management Act By-laws, land code and laws Indemnification Statutory Instruments Act Application of Laws of British Columbia 15 Incorporation by reference Current to June 20, 2022 Last amended on April 5, 2016 ii Tla’amin Final Agreement TABLE OF PROVISIONS General 16 Judicial notice of Agreements Judicial notice of Tla’amin Laws Notice of issues arising Chapters 22 and 23 of Agreement Orders and regulations Consequential Amendments Access to Information Act Fisheries Act Payments in Lieu of Taxes Act Privacy Act First Nations Land Management Act Specific Claims Tribunal Act Coming into Force *27 Order in council Current to June 20, 2022 Last amended on April 5, 2016 iv S.C. 2014, c. 11 An Act to give effect to the Tla’amin Final Agreement and to make consequential amendments to other Acts [Assented to 19th June 2014] Preamble Whereas the Constitution Act, 1982 recognizes and affirms the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada; Whereas the reconciliation between the prior presence of Aboriginal peoples and the assertion of sovereignty by the Crown is of significant social and economic importance to Canadians; Whereas Canadian courts have stated that this reconciliation is best achieved through negotiation; Whereas the Tla’amin Nation is an Aboriginal people of Canada; Whereas the Tla’amin Nation, the Government of Canada and the Government of British Columbia have negotiated the Agreement to achieve this reconciliation and to establish a new relationship among them; And whereas the Agreement requires that legislation be enacted by the Parliament of Canada in order for the Agreement to be ratified; Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tla’amin Final Agreement Act. Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement Interpretation Sections 2-4 Interpretation Definitions 2 (1) The following definitions apply in this Act. Agreement means the Tla’amin Final Agreement, between the Tla’amin Nation, Her Majesty in right of Canada and Her Majesty in right of British Columbia, including any amendments made to it. (accord) Tax Treatment Agreement means the tax treatment agreement referred to in paragraph 22 of Chapter 21 of the Agreement, including any amendments made to it. (accord sur le traitement fiscal) Definitions in Agreement (2) In this Act, Former Sliammon Indian Reserves, Other Tla’amin Lands, Sliammon Indian Band, Tla’amin Citizen, Tla’amin Corporation, Tla’amin Government, Tla’amin Lands, Tla’amin Law, Tla’amin Nation and Tla’amin Public Institution have the same meanings as in Chapter 1 of the Agreement. Status of Agreement 3 The Agreement is a treaty and a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Agreement Agreement given effect 4 (1) The Agreement is approved, given effect and declared valid and has the force of law. Rights and obligations (2) For greater certainty, any person or body referred to in the Agreement has the powers, rights, privileges and benefits conferred on the person or body by the Agreement and must perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement. Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement Agreement Sections 4-10 Third parties (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Agreement prevails 5 (1) The Agreement prevails over this Act and any other federal law to the extent of any inconsistency between them. Act prevails (2) This Act prevails over any other federal law to the extent of any conflict between them. Appropriation Payments out of C.R.F. 6 There must be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Her Majesty in right of Canada under Chapters 18 and 19 of the Agreement. Lands Fee simple estate 7 On the effective date of the Agreement, the Tla’amin Nation owns the estate in fee simple, as set out in Chapter 3 of the Agreement, in the Tla’amin Lands, except for the lands described in Part 1 of Appendix C-3 of the Agreement, and in the Other Tla’amin Lands. Taxation Tax Treatment Agreement given effect 8 The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect. Clarification 9 The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of sections 25 and 35 of the Constitution Act, 1982. Application of Other Acts Indian Act 10 Subject to section 12, to the provisions of Chapter 17 of the Agreement that deal with the continuing Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement Application of Other Acts Sections 10-14 application of the Indian Act and to paragraphs 16 to 21 of Chapter 21 of the Agreement, the Indian Act does not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions, Tla’amin Lands or Other Tla’amin Lands as of the effective date of the Agreement, except for the purpose of determining whether an individual is an Indian. First Nations Land Management Act 11 Subject to section 12, the First Nations Land Management Act, the Framework Agreement as defined in subsection 2(1) of that Act and the Sliammon First Nation Land Code adopted under subsection 6(1) of that Act do not apply to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions or Tla’amin Lands as of the effective date of the Agreement. By-laws, land code and laws 12 (1) If a by-law made by the Sliammon Indian Band under the Indian Act, the Sliammon First Nation Land Code or a law made under the First Nations Land Management Act and made in accordance with that land code is in effect immediately before the effective date of the Agreement, it continues to be in effect on the Former Sliammon Indian Reserves for a period of 90 days beginning on that date. Repeal (2) However, during that period, the Tla’amin Nation may repeal a by-law or law or the land code. Once repealed, the by-law, law or land code ceases to have effect. Indemnification 13 For as long as the First Nations Land Management Act is in force, Her Majesty in right of Canada or the Tla’amin Nation, as the case may be, must, as of the effective date of the Agreement, indemnify the other in respect of anything done or omitted to be done in relation to the Former Sliammon Indian Reserves, in the same manner and under the same conditions as would be applicable if that Act continued to apply to the Former Sliammon Indian Reserves. Statutory Instruments Act 14 Tla’amin Laws and other instruments made under the Agreement are not statutory instruments for the purposes of the Statutory Instruments Act. Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement Application of Laws of British Columbia Sections 15-18 Application of Laws of British Columbia Incorporation by reference 15 To the extent that a law of British Columbia does not apply of its own force to the Tla’amin Nation, Tla’amin Citizens, the Tla’amin Government, Tla’amin Public Institutions, Tla’amin Corporations, Tla’amin Lands or Other Tla’amin Lands, because of the exclusive legislative authority of Parliament set out in Class 24 of section 91 of the Constitution Act, 1867, that law of British Columbia applies to it or to them by virtue of this section, in accordance with the Agreement and subject to this Act and any other Act of Parliament. General Judicial notice of Agreements 16 (1) Judicial notice must be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement must be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that agreement and of its contents, and a copy purporting to be published by the Queen’s Printer is presumed to be so published unless the contrary is shown. Judicial notice of Tla’amin Laws 17 (1) Judicial notice must be taken of Tla’amin Laws. Evidence of Tla’amin Laws (2) A copy of a Tla’amin Law purporting to be deposited in the public registry referred to in subparagraph 19.a of Chapter 15 of the Agreement is evidence of that law and of its contents, unless the contrary is shown. Notice of issues arising 18 (1) If an issue arises in any judicial or administrative proceeding in respect of the interpretation or validity of the Agreement, or the validity or applicability of this Act, the British Columbia Tla’amin Final Agreement Act or any Tla’amin Law, then the issue must not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of British Columbia and the Tla’amin Nation. Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement General Sections 18-23 Content and timing (2) The notice must (a) describe the proceeding; (b) specify the subject matter of the issue; (c) state the day on which the issue is to be argued; (d) give the particulars that are necessary to show the point to be argued; and (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) The Attorney General of Canada, the Attorney General of British Columbia and the Tla’amin Nation may appear and participate in any proceeding in respect of which subsection (1) applies as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. Chapters 22 and 23 of Agreement 19 Despite subsection 4(1), Chapters 22 and 23 of the Agreement are deemed to have effect as of April 1, 2009. Orders and regulations 20 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out any of the provisions of the Agreement or of the Tax Treatment Agreement. Consequential Amendments Access to Information Act 21 [Amendment] Fisheries Act 22 [Amendment] Payments in Lieu of Taxes Act 23 [Amendment] Current to June 20, 2022 Last amended on April 5, 2016 Tla’amin Final Agreement Consequential Amendments Privacy Act Sections 24-27 Privacy Act 24 [Amendment] First Nations Land Management Act 25 [Amendment] Specific Claims Tribunal Act 26 [Amendment] Coming into Force Order in council 27 The provisions of this Act, other than section 19, come into force on a day to be fixed by order of the Governor in Council. * [Note: The provisions of this Act, other than section 19, in force April 5, 2016, see SI/2016-4.] * Current to June 20, 2022 Last amended on April 5, 2016

CONSOLIDATION Tlicho Land Claims and SelfGovernment Act S.C. 2005, c. 1 Current to June 20, 2022 Last amended on June 21, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 21, 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 21, 2019 TABLE OF PROVISIONS An Act to give effect to a land claims and selfgovernment agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts Short Title 1 Short title Interpretation 2 Definitions Agreement 3 Agreement given effect Publication of Agreement and amendments Other Laws 5 Conflict with Agreement or this Act Appropriation 6 Payments out of C.R.F. Taxation 7 Tax Treatment Agreement given effect Wekeezhii Renewable Resources Board 8 Legal capacity General 9 Judicial notice of Agreements Judicial notice of Tlicho laws Statutory Instruments Act Orders and regulations Eligibility Committee Notice of issues arising Current to June 20, 2022 Last amended on June 21, 2019 ii Tlicho Land Claims and Self-Government TABLE OF PROVISIONS Amendments to the Mackenzie Valley Resource Management Act Transitional Provisions 96 Validity of ordinances of the Northwest Territories Consequential Amendments Access to Information Act Canada Lands Surveys Act Canadian Environmental Assessment Act LOBBYISTS REGISTRATION ACT [Repealed, 2005, c. 1, s. 110] Northwest Territories Act Northwest Territories Waters Act Payments in Lieu of Taxes Act Privacy Act Coordinating Amendments Access to Information Act Lobbyists Registration Act Privacy Act Other Amendments Coming into Force *111 Order in council Current to June 20, 2022 Last amended on June 21, 2019 iv S.C. 2005, c. 1 An Act to give effect to a land claims and self-government agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, to make related amendments to the Mackenzie Valley Resource Management Act and to make consequential amendments to other Acts [Assented to 15th February 2005] Preamble WHEREAS the Tlicho is an aboriginal people of Canada that has used and occupied lands in and adjacent to the Northwest Territories from time immemorial; WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada negotiated a land claims and self-government agreement in order to define and provide certainty in respect of rights of the Tlicho relating to lands, resources and self-government; WHEREAS the Tlicho, by a vote held on June 26 and 27, 2003, approved the agreement; WHEREAS the Tlicho, as represented by the Dogrib Treaty 11 Council, the Government of the Northwest Territories and the Government of Canada signed the agreement on August 25, 2003; WHEREAS on October 10, 2003 the Commissioner in Council of the Northwest Territories made an ordinance entitled the Tlicho Land Claims and Self-Government Agreement Act approving the agreement; AND WHEREAS the agreement provides that the agreement will be a land claims agreement within the meaning of section 35 of the Constitution Act, Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Short Title Sections 1-3 1982 and that approval by Parliament is a condition precedent to the validity of the agreement; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tlicho Land Claims and Self-Government Act. Interpretation Definitions 2 The following definitions apply in this Act. Agreement means the Land Claims and Self-Government Agreement among the Tlicho, the Government of the Northwest Territories and the Government of Canada, signed on August 25, 2003, including any amendments made to it from time to time. (Accord) Tax Treatment Agreement means the Tlicho Tax Treatment Agreement among the Government of Canada, the Government of the Northwest Territories and the Tlicho First Nation, signed on behalf of the Government of Canada on February 6, 2003, on behalf of the Government of the Northwest Territories on February 27, 2003 and on behalf of the Tlicho First Nation on March 3, 2003, including any amendments made to it from time to time. (accord sur le traitement fiscal) Tlicho Government means the government of the Tlicho First Nation established in accordance with chapter 7 of the Agreement. (gouvernement tlicho) Tlicho law means a law enacted by the Tlicho Government. (loi tlicho) Agreement Agreement given effect 3 (1) The Agreement is approved, given effect and declared valid and has the force of law. Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Agreement Sections 3-5 Rights and obligations (2) For greater certainty, any person or body may exercise the powers, rights, privileges and benefits conferred on the person or body by the Agreement and shall perform the duties, and is subject to the liabilities, imposed on the person or body by the Agreement. Agreement binding (3) For greater certainty, the Agreement is binding on, and may be relied on by, all persons and bodies. Publication of Agreement and amendments 4 The Minister of Indian Affairs and Northern Development shall cause a copy of the Agreement and of any amendments made to it to be deposited in (a) the Library of Parliament; (b) the library of the Legislative Assembly of the Northwest Territories; (c) the main office of the Tlicho Government; (d) the library of the Department of Indian Affairs and Northern Development that is situated in the National Capital Region; (e) the office of the Registrar of Land Titles for the Northwest Territories; (f) the regional office of the Department of Indian Affairs and Northern Development that is situated in the Northwest Territories; and (g) any other places that that Minister considers necessary. Other Laws Conflict with Agreement or this Act 5 (1) In the event of an inconsistency or conflict between the Agreement or this Act, or any regulations made under this Act, and the provisions of any other Act of Parliament, any law of the Legislature of the Northwest Territories, any regulations made under any of those other Acts or laws, or any Tlicho law, then the Agreement or this Act, or regulations made under this Act, as the case may be, prevail to the extent of the inconsistency or conflict. Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Other Laws Sections 5-9 Conflict between the Agreement and this Act (2) In the event of an inconsistency or conflict between the Agreement and the provisions of this Act or any regulations made under this Act, the Agreement prevails to the extent of the inconsistency or conflict. 2005, c. 1, s. 5; 2014, c. 2, s. 56. Appropriation Payments out of C.R.F. 6 There shall be paid out of the Consolidated Revenue Fund any sums that are required to meet the monetary obligations of Canada under chapters 9, 18 and 24 to 26 of the Agreement. Taxation Tax Treatment Agreement given effect 7 (1) The Tax Treatment Agreement is approved, given effect and declared valid and has the force of law during the period that it is in effect. Not a treaty (2) The Tax Treatment Agreement does not form part of the Agreement and is not a treaty or a land claims agreement within the meaning of section 35 of the Constitution Act, 1982. Wekeezhii Renewable Resources Board Legal capacity 8 For the purposes of carrying out its objectives, the Wekeezhii Renewable Resources Board established by chapter 12 of the Agreement has the capacity, rights, powers and privileges of a natural person. General Judicial notice of Agreements 9 (1) Judicial notice shall be taken of the Agreement and the Tax Treatment Agreement. Publication of Agreements (2) The Agreement and the Tax Treatment Agreement shall be published by the Queen’s Printer. Evidence (3) A copy of the Agreement or the Tax Treatment Agreement published by the Queen’s Printer is evidence of that Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government General Sections 9-14 Agreement, and a copy purporting to be published by the Queen’s Printer is deemed to be so published, unless the contrary is shown. Judicial notice of Tlicho laws 10 (1) Judicial notice shall be taken of Tlicho laws. Evidence of Tlicho laws (2) A copy of a Tlicho law purporting to be deposited in the public registry of Tlicho laws referred to in chapter 7 of the Agreement is evidence of that law and of its contents, unless the contrary is shown. Statutory Instruments Act 11 For greater certainty, Tlicho laws are not statutory instruments within the meaning of the Statutory Instruments Act. Orders and regulations 12 The Governor in Council may make any orders and regulations that are necessary for the purpose of carrying out the Agreement or the Tax Treatment Agreement. Eligibility Committee 13 Despite having been established before the effective date of the Agreement, the Eligibility Committee referred to in chapter 3 of the Agreement is deemed to have been validly established under the Agreement and to have had, since it was established, the jurisdiction, powers and authority provided by the Agreement. Notice of issues arising 14 (1) If, in any judicial or administrative proceeding, an issue arises in respect of (a) the interpretation, validity or applicability of the Agreement, or (b) the validity or applicability of this Act, the law of the Legislature of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act or any Tlicho law, the issue shall not be decided until the party raising the issue has served notice on the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government. Content of notice (2) The notice must (a) describe the judicial or administrative proceeding in which the issue arises; Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government General Sections 14-27 (b) state whether the issue arises in respect of the matters referred to in paragraph (1)(a) or (b) or both; (c) state the day on which the issue is to be argued; (d) give particulars necessary to show the point to be argued; and (e) be served at least 14 days before the day of argument, unless the court or tribunal authorizes a shorter period. Participation in proceedings (3) In any judicial or administrative proceeding to which subsection (1) applies, the Attorney General of Canada, the Attorney General of the Northwest Territories and the Tlicho Government may appear and participate in the proceeding as parties with the same rights as any other party. Saving (4) For greater certainty, subsections (2) and (3) do not require that an oral hearing be held if one is not otherwise required. 2005, c. 1, s. 14; 2014, c. 2, s. 57. Amendments to the Mackenzie Valley Resource Management Act 15 [Amendments] 16 [Amendment] 17 [Amendment] 18 [Amendment] 19 [Amendments] 20 [Amendment] 21 [Amendment] 22 [Amendment] 23 [Amendment] 24 [Amendment] 25 [Amendment] 26 [Amendment] 27 [Amendments] Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Amendments to the Mackenzie Valley Resource Management Act Sections 28-57 28 [Amendment] 29 [Amendments] 30 [Amendments] 31 [Amendment] 32 [Amendment] 33 [Amendment] 34 [Amendments] 35 [Amendment] 36 [Amendment] 37 [Amendments] 38 [Amendment] 39 [Amendment] 40 [Amendment] 41 [Amendment] 42 [Amendment] 43 [Amendments] 44 [Amendment] 45 [Amendments] 46 [Amendment] 47 [Amendment] 48 [Amendment] 49 [Amendment] 50 [Amendment] 51 [Amendment] 52 [Amendment] 53 [Amendments] 54 [Amendment] 55 [Amendment] 56 [Amendment] 57 [Amendment] Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Amendments to the Mackenzie Valley Resource Management Act Sections 58-87 58 [Amendment] 59 [Amendments] 60 [Amendment] 61 [Amendment] 62 [Amendment] 63 [Amendment] 64 [Amendment] 65 [Amendments] 66 [Amendments] 67 [Amendment] 68 [Amendment] 69 [Amendment] 70 [Amendments] 71 [Amendment] 72 [Amendment] 73 [Amendment] 74 [Amendment] 75 [Amendments] 76 [Amendments] 77 [Amendment] 78 [Amendments] 79 [Amendment] 80 [Amendments] 81 [Amendment] 82 [Amendment] 83 [Amendment] 84 [Amendments] 85 [Amendment] 86 [Amendment] 87 [Amendment] Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Amendments to the Mackenzie Valley Resource Management Act Sections 88-98 88 [Amendment] 89 [Amendments] 90 [Amendments] 91 [Amendment] 92 [Amendment] 93 [Amendments] 94 [Amendments] Transitional Provisions 95 [Repealed, 2019, c. 19, s. 81] Validity of ordinances of the Northwest Territories 96 The following ordinances of the Northwest Territories are deemed for all purposes to have been validly made if they were made before the coming into force of this Act and would have been validly made if they had been made after that coming into force, and everything done under any of those ordinances before that coming into force has the effect that it would otherwise have if the ordinance had been validly made after that coming into force: (a) the ordinance of the Northwest Territories entitled the Tlicho Land Claims and Self-Government Agreement Act; (b) an ordinance that establishes community governments as required by chapter 8 of the Agreement; and (c) an ordinance that establishes a community services agency as required by the first intergovernmental services agreement referred to in 7.10 of chapter 7 of the Agreement. Consequential Amendments Access to Information Act 97 [Amendment] Canada Lands Surveys Act 98 [Amendment] Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Consequential Amendments Canadian Environmental Assessment Act Sections 99-108 Canadian Environmental Assessment Act 99 [Amendment] LOBBYISTS REGISTRATION ACT [Repealed, 2005, c. 1, s. 110] 100 [Repealed, 2005, c. 1, s. 110] Northwest Territories Act 101 [Amendment] 102 [Amendment] Northwest Territories Waters Act 103 [Amendment] 104 [Amendment] Payments in Lieu of Taxes Act 105 [Amendment] Privacy Act 106 [Amendment] Coordinating Amendments Access to Information Act 107 [Amendment] Lobbyists Registration Act 108 [Amendment] Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government Coordinating Amendments Privacy Act Sections 109-111 Privacy Act 109 [Amendment] Other Amendments 110 [Amendments] Coming into Force Order in council 111 This Act, other than sections 107 to 110, comes into force on a day to be fixed by order of the Governor in Council. * [Note: Sections 107 to 110 in force on assent February 15, 2005; Act, other than sections 107 to 110, in force August 4, 2005, see SI/2005-54.] * Current to June 20, 2022 Last amended on June 21, 2019 Tlicho Land Claims and Self-Government RELATED PROVISIONS RELATED PROVISIONS — 2019, c. 29, par. 371 (2) (e) Other references to Department of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Department of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Department of Crown-Indigenous Relations and Northern Affairs” in the following provisions: (e) paragraphs 4(d) and (f) of the Tlicho Land Claims and Self-Government Act; and — 2019, c. 29, par. 373 (2) (f) Other references to Minister of Indian Affairs and Northern Development (2) Unless the context requires otherwise, every reference to the “Minister of Indian Affairs and Northern Development” is, with any grammatical adaptations, to be read as a reference to the “Minister of Crown-Indigenous Relations” in the following provisions: (f) the portion of section 4 of the Tlicho Land Claims and Self-Government Act before paragraph (a); and Current to June 20, 2022 Last amended on June 21, 2019

CONSOLIDATION Tobacco and Vaping Products Act S.C. 1997, c. 13 Current to June 20, 2022 Last amended on November 9, 2020 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 9, 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 November 9, 2020 TABLE OF PROVISIONS An Act to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products Short Title 1 Short title Interpretation 2 Definitions Governor in Council’s Powers 2.1 Regulations — little cigar and vaping product Her Majesty 3 Binding on Her Majesty Purpose 4 Purpose of Act PART I Tobacco Products 5 Product standards 5.1 Prohibition — manufacture 5.2 Prohibition — sale 5.3 Marking Information required from manufacturer 6.1 Public disclosure by manufacturer 6.2 Public disclosure by Minister 6.3 Non-application Regulations 7.1 Amendment of schedule PART I.1 Vaping Products 7.2 Product standards 7.21 Prohibition — manufacture 7.22 Prohibition — sale Current to June 20, 2022 Last amended on November 9, 2020 ii Tobacco and Vaping Products TABLE OF PROVISIONS 7.23 Amendment of Schedule 2 7.3 Information required from manufacturer 7.4 Prohibition 7.5 Public disclosure by manufacturer 7.6 Public disclosure by Minister 7.7 Non-application 7.8 Regulations PART II Access 8 Furnishing products to young persons Sending and delivering to young persons 9.1 Tobacco products — interprovincial sending and delivering Minimum number of products in package Self-service display Dispensing device Prescription vaping products Regulations PART III Labelling 15 Information — sale of tobacco products 15.1 Information — sale of vaping products 15.2 Attribution 15.3 Display of information — tobacco product package For greater certainty Regulations PART IV Promotion 18 Definition of promotion DIVISION 1 Tobacco Products 19 Prohibition False promotion 20.1 Comparison and prohibited elements Testimonials or endorsements Advertising Current to June 20, 2022 Last amended on November 9, 2020 iv Tobacco and Vaping Products TABLE OF PROVISIONS Packaging 23.1 Prohibited additives — packaging 23.2 Prohibition — vaping product-related brand element 23.3 Functions and sensory attributes Sponsorship promotion Name of facility Accessories Brand element — thing or service Other things and services Sales promotions Point of sale display of tobacco products DIVISION 2 Vaping Products 30.1 Advertising appealing to young persons 30.2 Lifestyle advertising 30.21 Testimonials or endorsements 30.3 Sponsorship promotion 30.4 Name of facility 30.41 Functions and sensory attributes 30.42 False promotion 30.43 Health benefits 30.44 Discouraging tobacco cessation 30.45 Packaging 30.46 Indication or illustration 30.47 Prohibited ingredients 30.48 Flavours 30.49 Amendment of Schedule 3 30.5 Giving or offering to give 30.6 Sales promotions — offering consideration 30.7 Advertising — required information 30.701 Advertising — regulations 30.71 Tobacco product-related brand element 30.8 Point of sale promotion DIVISION 3 Miscellaneous Provisions 31 Communication media Report to Minister Regulations Current to June 20, 2022 Last amended on November 9, 2020 v Tobacco and Vaping Products TABLE OF PROVISIONS PART V Administration and Enforcement Inspection and Analysis 34 Designation of inspectors and analysts Authority to enter place Warrant to enter dwelling-house Certificate of analysis Assistance to inspectors Seizure and Restoration 39 Seizure Application for restoration Forfeiture 41.1 Recovery of costs 41.2 Certificate of default Regulations 42 Regulations PART V.1 Miscellaneous Provisions 42.2 Food and Drugs Act 42.3 Trademarks 42.4 Regulations 42.5 Incorporation by reference — limitation removed PART VI Offences and Punishment 43 Product and promotion offences — manufacturer 43.1 Additives, ingredients and markings — manufacturer 43.2 Markings — other persons Summary offence 44.1 Prohibited sale Sales to young persons, promotions Offence by retailer General offence Where no other penalty 48.1 Due diligence defence Continuing offence Offence by director or officer of corporation Limitation period Current to June 20, 2022 Last amended on November 9, 2020 v Tobacco and Vaping Products TABLE OF PROVISIONS Venue Exception need not be pleaded Offence by employee or agent Certified copies and extracts Certificate or report of analyst as proof Evidentiary presumptions Additional fine Orders of court PART VII Agreements 60 Administrative agreements PART VII.1 Review of the Act 60.1 Review of the Act PART VIII Consequential Amendments, Repeals and Coming into Force Consequential Amendments Repeals Coming into Force *66 Subsections 24(2) and (3) SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Current to June 20, 2022 Last amended on November 9, 2020 vi S.C. 1997, c. 13 An Act to regulate the manufacture, sale, labelling and promotion of tobacco products and vaping products [Assented to 25th April 1997] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Tobacco and Vaping Products Act. 1997, c. 13, s. 1; 2018, c. 9, s. 2. Interpretation Definitions 2 The definitions in this section apply in this Act. accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire) additive, in respect of tobacco products, means an ingredient other than tobacco leaves. (additif) analyst means a person designated as an analyst under subsection 34(1). (analyste) blunt wrap means a sheet, including one that is rolled, that is composed of natural or reconstituted tobacco and that is ready to be filled. (feuille d’enveloppe) Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products Interpretation Section 2 brand element includes a brand name, trademark, trade-name, distinguishing guise, logo, graphic arrangement, design or slogan that is reasonably associated with, or that evokes, a product, a service or a brand of product or service, but does not include a colour. (élément de marque) emission means a substance that is produced when a tobacco product or vaping product is used. (émission) entity includes a corporation, firm, partnership, association, society, trust or other organization, whether incorporated or not. (entité) furnish means to sell, lend, assign, give or send, with or without consideration, or to barter or deposit with another person for the performance of a service. (fournir) ingredient means any substance used in the manufacture of a tobacco product, vaping product or their components, including any substance used in the manufacture of that substance, and, in respect of a tobacco product, also includes tobacco leaves. (ingrédient) inspector means a person designated as an inspector under subsection 34(1). (inspecteur) lifestyle advertising means advertising that associates a product with, or evokes a positive or negative emotion about or image of, a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. (publicité de style de vie) little cigar means a roll or tubular construction that (a) is intended for smoking; (b) contains a filler composed of natural or reconstituted tobacco; (c) has a wrapper, or a binder and a wrapper, composed of natural or reconstituted tobacco; and (d) has a cigarette filter or weighs no more than 1.4 g, excluding the weight of any mouthpiece or tip. It includes any tobacco product that is designated by the regulations to be a little cigar. (petit cigare) manufacture, in respect of a tobacco product or vaping product, includes the manufacture of a tobacco product or vaping product for export, as well as the packaging, labelling, distributing and importing of a tobacco or vaping product for sale in Canada. (fabriquer) manufacturer, in respect of a tobacco product or vaping product, includes any entity that is associated with a Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products Interpretation Section 2 manufacturer, including an entity that controls or is controlled by the manufacturer or that is controlled by the same entity that controls the manufacturer. (fabricant) Minister means the Minister of Health. (ministre) package [Repealed, 2009, c. 27, s. 2] prescribed means prescribed by regulation. (Version anglaise seulement) retailer means a person who is engaged in a business that includes the sale of tobacco products or vaping products to consumers. (détaillant) sell includes offer for sale, expose for sale and sell for export. (vendre) tobacco product means a product made in whole or in part of tobacco, including tobacco leaves. It includes papers, tubes and filters intended for use with that product, a device, other than a water pipe, that is necessary for the use of that product and the parts that may be used with the device. (produit du tabac) vaping product means (a) a device that produces emissions in the form of an aerosol and is intended to be brought to the mouth for inhalation of the aerosol; (b) a device that is designated to be a vaping product by the regulations; (c) a part that may be used with those devices; and (d) a substance or mixture of substances, whether or not it contains nicotine, that is intended for use with those devices to produce emissions. It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage) young person means a person under eighteen years of age. (jeune) 1997, c. 13, s. 2; 2009, c. 27, s. 2; 2014, c. 20, s. 366(E); 2018, c. 9, ss. 3, 79.1. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products Interpretation Sections 2-4 Governor in Council’s Powers Regulations — little cigar and vaping product 2.1 (1) The Governor in Council may make regulations (a) designating any tobacco product to be a little cigar for the purpose of the definition little cigar; (b) designating any device to be a vaping product or not to be a vaping product for the purpose of the definition vaping product; and (c) designating any substance or mixture of substances not to be a vaping product for the purpose of the definition vaping product. Order in council — little cigar (2) The Governor in Council may, by order, amend the definition little cigar by replacing the weight set out in that definition by a weight that is not less than 1.4 g. 2009, c. 27, s. 3; 2018, c. 9, s. 4. Her Majesty Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province. Purpose Purpose of Act 4 (1) The purpose of this Act is to provide a legislative response to a national public health problem of substantial and pressing concern and to protect the health of Canadians in light of conclusive evidence implicating tobacco use in the incidence of numerous debilitating and fatal diseases. Tobacco products (2) The purpose of this Act with respect to tobacco products is to support the objectives set out in subsection (1) and, in particular, Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products Purpose Sections 4-5.1 (a) to protect young persons and others from inducements to use tobacco products and the consequent dependence on them; (b) to protect the health of young persons by restricting access to tobacco products; (c) to prevent the public from being deceived or misled with respect to the health hazards of using tobacco products; and (d) to enhance public awareness of those hazards. Vaping products (3) The purpose of this Act with respect to vaping products is to support the objectives set out in subsection (1), to prevent vaping product use from leading to the use of tobacco products by young persons and non-users of tobacco products and, in particular, (a) to protect young persons and non-users of tobacco products from inducements to use vaping products; (b) to protect the health of young persons and nonusers of tobacco products from exposure to and dependence on nicotine that could result from the use of vaping products; (c) to protect the health of young persons by restricting access to vaping products; (d) to prevent the public from being deceived or misled with respect to the health hazards of using vaping products; and (e) to enhance public awareness of those hazards. 1997, c. 13, s. 4; 2018, c. 9, s. 5. PART I Tobacco Products Product standards 5 No manufacturer shall manufacture or sell a tobacco product that does not conform with the standards established by the regulations. 1997, c. 13, s. 5; 2018, c. 9, s. 6. Prohibition — manufacture 5.1 (1) No manufacturer shall use an additive set out in column 1 of Schedule 1 in the manufacture of a tobacco product set out in column 2. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I Tobacco Products Sections 5.1-6.1 (2) [Repealed, 2018, c. 9, s. 7] 2009, c. 27, s. 4; 2014, c. 20, s. 366(E); 2018, c. 9, ss. 7, 70. Prohibition — sale 5.2 No manufacturer shall sell a tobacco product set out in column 2 of Schedule 1 that contains an additive set out in column 1. 2009, c. 27, s. 5; 2018, c. 9, ss. 8, 70. Marking 5.3 (1) No person shall manufacture or sell a tobacco product that displays a marking, unless the marking is authorized by the regulations. Exception (2) A person who manufactures or sells a tobacco product that displays a marking does not contravene subsection (1) if the marking is required under an Act of the legislature of a province. Additive (3) Despite sections 5.1 and 5.2, a manufacturer may use a prescribed additive to display on a tobacco product a marking that is authorized by the regulations or that is required under an Act of the legislature of a province and may sell a tobacco product that displays such a marking. 2018, c. 9, s. 8. Information required from manufacturer 6 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions, whether the tobacco products are for sale or not. Supplementary information (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister. 1997, c. 13, s. 6; 2009, c. 27, s. 6; 2018, c. 9, s. 9. Public disclosure by manufacturer 6.1 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about tobacco products and their emissions. 2018, c. 9, s. 9. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I Tobacco Products Sections 6.2-7 Public disclosure by Minister 6.2 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about tobacco products, their emissions and any research and development related to tobacco products and their emissions. 2018, c. 9, s. 9. Non-application 6.3 Sections 6.1 and 6.2 do not apply in respect of tobacco products that have never been for sale in Canada. 2018, c. 9, s. 9. Regulations 7 The Governor in Council may make regulations (a) establishing standards respecting the characteristics of tobacco products and their emissions, including the sensory attributes — such as appearance and shape — of the products and their emissions, the dimensions, weight, components and performance of the products, and the amounts and concentrations of substances that may be contained in the products or their emissions; (b) respecting test methods, including methods to assess conformity with the standards; (b.1) respecting markings that may be displayed on tobacco products; (c) prescribing information that manufacturers must submit to the Minister about tobacco products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (c.1) prescribing information that manufacturers must submit to the Minister about research and development related to tobacco products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (c.2) respecting requests for supplementary information under subsection 6(2); (c.3) [Repealed, 2018, c. 9, s. 11] (d) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (c.2) may be submitted to the Minister; Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I Tobacco Products Sections 7-7.21 (d.01) prescribing, for the purposes of section 6.1, information that manufacturers must make available to the public, including information referred to in paragraph (c); (d.02) prescribing, for the purposes of section 6.2, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (c.1); (d.1) prescribing anything that by this Part is to be prescribed; and (e) generally for carrying out the purposes of this Part. 1997, c. 13, s. 7; 2009, c. 27, s. 8; 2018, c. 9, s. 11. Amendment of schedule 7.1 (1) The Governor in Council may, by order, amend Schedule 1 by adding, amending or deleting (a) the name or description of an additive or tobacco product; or (b) a reference to all tobacco products, with or without exceptions. Description (2) An additive or tobacco product may be described by reference to a document produced by a body or person other than the Minister, either as the document exists on a particular date or as it is amended from time to time. 2009, c. 27, s. 9; 2018, c. 9, s. 70. PART I.1 Vaping Products Product standards 7.2 No manufacturer shall manufacture or sell a vaping product that does not conform with the standards established by the regulations. 2018, c. 9, s. 12. Prohibition — manufacture 7.21 No manufacturer shall use an ingredient set out in column 1 of Schedule 2 in the manufacture of a vaping product set out in column 2. 2018, c. 9, s. 13. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I.1 Vaping Products Sections 7.22-7.3 Prohibition — sale 7.22 No manufacturer shall sell a vaping product set out in column 2 of Schedule 2 that contains an ingredient set out in column 1. 2018, c. 9, s. 13. Amendment of Schedule 2 7.23 (1) The Governor in Council may, by order, amend Schedule 2 by adding, amending or deleting (a) the name or description of an ingredient or vaping product; or (b) a reference to all vaping products, with or without exceptions. Description (2) An ingredient or vaping product may be described by reference to a document produced by a body or person other than the Minister, either as the document exists on a particular date or as it is amended from time to time. Operation of amendments suspended (3) An order made under subsection (1) may provide that the operation of the amendments to Schedule 2 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force. Consequences of suspension (4) During the period in which the operation of the amendments is suspended with respect to retailers, (a) Schedule 2, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and (b) no other amendment to Schedule 2 is to come into force. 2018, c. 9, s. 13. Information required from manufacturer 7.3 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions, whether the vaping products are for sale or not. Supplementary information (2) The Minister may, subject to the regulations, request supplementary information relating to the information Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I.1 Vaping Products Sections 7.3-7.8 referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister. 2018, c. 9, s. 12. Prohibition 7.4 Subject to the regulations, no manufacturer shall sell a vaping product unless the information required under subsection 7.3(1) with respect to that product is submitted to the Minister. 2018, c. 9, s. 12. Public disclosure by manufacturer 7.5 Every manufacturer shall make available to the public, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about vaping products and their emissions. 2018, c. 9, s. 12. Public disclosure by Minister 7.6 The Minister shall make available to the public, in the prescribed manner and within the prescribed time, information that is required by the regulations about vaping products, their emissions and any research and development related to vaping products and their emissions. 2018, c. 9, s. 12. Non-application 7.7 Sections 7.5 and 7.6 do not apply in respect of vaping products that have never been for sale in Canada. 2018, c. 9, s. 12. Regulations 7.8 The Governor in Council may make regulations (a) establishing standards respecting the characteristics of vaping products and their emissions, including the functions and the performance of the products, the sensory attributes — such as appearance and shape — of the products and their emissions, and the amounts and concentrations of substances that may be contained in the products or their emissions; (b) respecting test methods, including methods to assess conformity with the standards; (c) prescribing information that manufacturers must submit to the Minister about vaping products and their emissions, including sales data and information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART I.1 Vaping Products Sections 7.8-8 (d) prescribing information that manufacturers must submit to the Minister about research and development related to vaping products and their emissions, including information on market research, product composition, ingredients, materials, health effects, hazardous properties and brand elements; (e) respecting requests for supplementary information under subsection 7.3(2); (f) respecting the prohibition under section 7.4, including providing for the suspension of the sale of a vaping product; (g) prescribing the means, including electronic means, by which the information referred to in paragraphs (c) to (e) may be submitted to the Minister; (h) prescribing, for the purposes of section 7.5, information that manufacturers must make available to the public, including information referred to in paragraph (c); (i) prescribing, for the purposes of section 7.6, information that the Minister must make available to the public, including information referred to in paragraphs (c) and (d); (j) prescribing anything that by this Part is to be prescribed; and (k) generally for carrying out the purposes of this Part. 2018, c. 9, s. 12. PART II Access Furnishing products to young persons 8 (1) No person shall furnish a tobacco product or vaping product to a young person in a public place or in a place to which the public has access. Defence (2) A person shall not be found to have contravened subsection (1) if it is established that the person attempted to verify that the person was at least eighteen years of age by asking for and being shown documentation prescribed Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART II Access Sections 8-9.1 for the purposes of verifying age, and believed on reasonable grounds that the documentation was authentic. 1997, c. 13, s. 8; 2018, c. 9, s. 14. Sending and delivering to young persons 9 (1) No person shall send or deliver a tobacco product or vaping product to a young person. Defence — sender (2) A person shall not be found guilty of having contravened subsection (1) for having sent a tobacco product or vaping product to a young person if it is established that the person (a) informed the person delivering the product of its nature and of the prohibition on its delivery to a young person; and (b) instructed the person delivering the product to verify that the person taking delivery of it was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature. Defence — person making delivery (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person (a) verified that the person taking delivery of the product was at least 18 years of age by asking for and examining a piece of identification issued by a federal or provincial authority or a foreign government and containing that person’s name, photograph, date of birth and signature; and (b) believed on reasonable grounds that the piece of identification was authentic. 1997, c. 13, s. 9; 2018, c. 9, s. 15. Tobacco products — interprovincial sending and delivering 9.1 (1) No person shall, for consideration, send or deliver a tobacco product from one province to another unless the sending or delivery is between manufacturers or retailers or is exempted from the application of this section by the regulations. Advertising an offer (2) No person shall advertise an offer to send or deliver a tobacco product from one province to another. 2018, c. 9, s. 15. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART II Access Sections 10-13 Minimum number of products in package 10 (1) No person shall import for sale in Canada, package, distribute or sell cigarettes, little cigars or blunt wraps except in a package that contains at least 20 cigarettes, little cigars or blunt wraps or, if a higher number is prescribed, at least the prescribed number. Other tobacco products (2) No person shall import for sale in Canada, package, distribute or sell a tobacco product — other than cigarettes, little cigars or blunt wraps — that is prescribed for the purposes of this subsection, except in a package that contains at least the prescribed portions, number or quantity of the tobacco product. Vaping products (3) No person shall import for sale in Canada, package, distribute or sell a vaping product that is prescribed for the purposes of this subsection, except in a package that contains a number or quantity of the vaping product that meets the prescribed requirements. 1997, c. 13, s. 10; 2009, c. 27, s. 10; 2018, c. 9, s. 16. Self-service display 11 No person, unless exempted by the regulations, shall sell a tobacco product by means of a display that permits a person to handle the tobacco product before paying for it. Dispensing device 12 No person shall furnish or permit the furnishing of a tobacco product by means of a device that dispenses tobacco products except where the device is in (a) a place to which the public does not reasonably have access; or (b) a bar, tavern or beverage room and has a prescribed security mechanism. Prescription vaping products 13 (1) Subsections 8(1), 9(1) and 10(3) do not apply in respect of (a) a prescription vaping product; or (b) a device, within the meaning of section 2 of the Food and Drugs Act, that is the subject of an authorization issued under that Act authorizing its sale for use with a prescription vaping product. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART II Access Sections 13-14 Definition of prescription (2) In this section, prescription, in respect of a vaping product, means (a) that the product (i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and (ii) is the subject of an authorization issued under that Act authorizing its sale; or (b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act. 1997, c. 13, s. 13; 2018, c. 9, s. 18. Regulations 14 The Governor in Council may make regulations (a) prescribing the documentation that may be used to verify the age of a person for the purposes of subsection 8(2); (a.1) respecting exemptions to the prohibition under subsection 9.1(1); (b) prescribing tobacco products for the purposes of subsection 10(2) and prescribing vaping products for the purposes of subsection 10(3); (c) respecting, for the purposes of subsection 10(3), the number or quantity of a vaping product that a package must contain, including minimum and maximum numbers or quantities; (d) exempting persons from the application of section 11; (e) respecting exemptions from the application of section 12; (f) prescribing anything that by this Part is to be prescribed; and (g) generally for carrying out the purposes of this Part. 1997, c. 13, s. 14; 2018, c. 9, s. 19. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART III Labelling Sections 15-15.1 PART III Labelling Information — sale of tobacco products 15 (1) No manufacturer or retailer shall sell a tobacco product unless the product and the package containing it display, in the prescribed form and manner, the information required by the regulations about the product and its emissions, and about the health hazards and health effects arising from the use of the product and from its emissions. Information — packaging of tobacco products (1.1) No manufacturer shall package a tobacco product unless the product and the package containing it display, in the prescribed form and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. Information — leaflet (2) If required by the regulations, every manufacturer or retailer shall provide with a tobacco product, in the prescribed form and manner, a leaflet that displays the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. (3) [Repealed, 2018, c. 9, s. 20] 1997, c. 13, s. 15; 2018, c. 9, s. 20. Information — sale of vaping products 15.1 (1) No manufacturer or retailer shall sell a vaping product unless the product and the package containing it display, in the prescribed form and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. Information — manufacture of vaping products (2) No person shall manufacture a vaping product unless the product displays, in the prescribed form and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. Information — packaging of vaping products (3) No person shall package a vaping product unless the package containing it displays, in the prescribed form Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART III Labelling Sections 15.1-17 and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. Information — leaflet or tag (4) If required by the regulations, every manufacturer or retailer shall provide with a vaping product, in the prescribed form and manner, a leaflet or tag that displays the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. 2018, c. 9, s. 21. Attribution 15.2 The information referred to in sections 15 and 15.1 may be attributed to a person or body designated by the regulations if the attribution is made in the prescribed form and manner. 2018, c. 9, s. 21. Display of information — tobacco product package 15.3 (1) No manufacturer or retailer shall sell a tobacco product if the package displays information in a manner that is contrary to the regulations. Provision of information — other (2) No manufacturer or retailer shall provide, in a manner that is contrary to the regulations, written information with a tobacco product. 2018, c. 9, s. 21. For greater certainty 16 For greater certainty, this Part does not affect any obligation of a manufacturer or retailer at law or under an Act of Parliament or of the legislature of a province to warn consumers of the health hazards and health effects arising from the use of tobacco products or vaping products and from their emissions. 1997, c. 13, s. 16; 2018, c. 9, s. 21. Regulations 17 The Governor in Council may make regulations (a) respecting the information that must appear on tobacco products and tobacco product packages and in leaflets about tobacco products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART III Labelling Sections 17-18 (a.1) respecting the information that must appear on vaping products or on vaping product packages and in leaflets or on tags about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions; (a.2) respecting, for the purposes of section 15.3, the manner of displaying or providing information, including the form and placement of the information; (b) prescribing anything that by this Part is to be prescribed; and (c) generally for carrying out the purposes of this Part. 1997, c. 13, s. 17; 2018, c. 9, s. 22. PART IV Promotion Definition of promotion 18 (1) In this Part, promotion means a representation about a product or service by any means, whether directly or indirectly, including any communication of information about a product or service and its price and distribution, that is likely to influence and shape attitudes, beliefs and behaviours about the product or service. Application of Division 1 (2) Division 1 of this Part does not apply to (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a tobacco product or tobacco product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance; (b) a report, commentary or opinion in respect of a tobacco product or a brand of tobacco product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the tobacco product or brand in that report, commentary or opinion; or (c) a promotion by a tobacco grower or a manufacturer that is directed at tobacco growers, manufacturers, persons who distribute tobacco products or retailers but not, either directly or indirectly, at consumers. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 18-20 Application of Division 2 (3) Division 2 of this Part does not apply to (a) a literary, dramatic, musical, cinematographic, scientific, educational or artistic work, production or performance that uses or depicts a vaping product or vaping product-related brand element, whatever the mode or form of its expression, if no consideration is given by a manufacturer or retailer, directly or indirectly, for that use or depiction in the work, production or performance; (b) a report, commentary or opinion in respect of a vaping product or a brand of vaping product if no consideration is given by a manufacturer or retailer, directly or indirectly, for the reference to the vaping product or brand in that report, commentary or opinion; or (c) a promotion by a manufacturer that is directed at manufacturers, persons who distribute vaping products or retailers but not, either directly or indirectly, at consumers. 1997, c. 13, s. 18; 2018, c. 9, s. 23. DIVISION 1 Tobacco Products Prohibition 19 No person shall promote a tobacco product or a tobacco product-related brand element, including by means of the packaging, except as authorized by the provisions of this Act or of the regulations. 1997, c. 13, s. 19; 2018, c. 9, s. 25. False promotion 20 (1) No person shall promote a tobacco product, including by means of the packaging, in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions. Considerations (2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 20-22 misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the tobacco product or its emissions. 1997, c. 13, s. 20; 2018, c. 9, s. 26. Comparison and prohibited elements 20.1 No person shall promote a tobacco product, including by means of the packaging, (a) in a manner that could cause a person to believe that the product or its emissions are less harmful than other tobacco products or their emissions; or (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations. 2018, c. 9, s. 27. Testimonials or endorsements 21 (1) No person shall promote a tobacco product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging. Depiction of person (2) For the purposes of subsection (1), the depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product. (3) [Repealed, 2018, c. 9, s. 28] 1997, c. 13, s. 21; 2014, c. 20, s. 366(E); 2018, c. 9, s. 28. Advertising 22 (1) Subject to this section, no person shall promote a tobacco product by means of advertising that depicts, in whole or in part, a tobacco product, its package or a tobacco product-related brand element or that evokes a tobacco product or a tobacco product-related brand element. Exception (2) Subject to the regulations, a person may advertise a tobacco product by means of information advertising or brand-preference advertising that is in (a) a publication that is addressed and sent to an adult who is identified by name; or (b) [Repealed, 2009, c. 27, s. 11] Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 22-23.1 (c) signs in a place where young persons are not permitted by law. Lifestyle advertising (3) Subsection (2) does not apply to lifestyle advertising or advertising for which there are reasonable grounds to believe that it could be appealing to young persons. Definitions (4) The definitions in this subsection apply in this section. brand-preference advertising means advertising that promotes a tobacco product by means of its brand characteristics. (publicité préférentielle) information advertising means advertising that provides factual information to the consumer about (a) a product and its characteristics; or (b) the availability or price of a product or brand of product. (publicité informative) lifestyle advertising [Repealed, 2018, c. 9, s. 29] 1997, c. 13, s. 22; 2009, c. 27, s. 11; 2018, c. 9, s. 29. Packaging 23 (1) No person shall package a tobacco product in a manner that is contrary to the provisions of this Act or of the regulations. Prohibition — sale (2) No person shall sell a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations. 1997, c. 13, s. 23; 2018, c. 9, s. 30. Prohibited additives — packaging 23.1 (1) No person shall package a tobacco product set out in column 2 of Schedule 1 in a manner, including by means of a brand element, that could cause a person to believe that it contains an additive set out in column 1. Prohibition — sale (2) No person shall sell a tobacco product set out in column 2 of Schedule 1 that is packaged in a manner prohibited by subsection (1). 2009, c. 27, s. 12; 2018, c. 9, ss. 31, 70. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 23.2-26 Prohibition — vaping product-related brand element 23.2 (1) No person shall display a vaping product-related brand element on the package of a tobacco product. Prohibition — sale (2) No person shall sell a tobacco product if a vaping product-related brand element is displayed on its package. 2018, c. 9, s. 32. Functions and sensory attributes 23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons. 2018, c. 9, s. 32. Sponsorship promotion 24 (1) No person shall promote a tobacco product-related brand element or the name of a tobacco product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility. Promotional material (2) No person shall use, directly or indirectly, a tobacco product-related brand element or the name of a tobacco product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility. 1997, c. 13, s. 24; 1998, c. 38, s. 1; 2018, c. 9, s. 33. Name of facility 25 No person shall display a tobacco product-related brand element or the name of a tobacco product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity. 1997, c. 13, s. 25; 1998, c. 38, s. 2; 2018, c. 9, s. 33. Accessories 26 (1) Subject to the regulations, a manufacturer or retailer may sell an accessory that displays a tobacco product-related brand element. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 26-29 Promotion (2) No person shall promote an accessory that displays a tobacco product-related brand element except in the prescribed manner and form and in a publication or place described in paragraphs 22(2)(a) and (c). 1997, c. 13, s. 26; 2009, c. 27, s. 13. Brand element — thing or service 27 No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a thing, other than a tobacco product or an accessory, or is used with a service, and (a) the thing or service is associated with young persons; (b) there are reasonable grounds to believe that the thing or service could be appealing to young persons; or (c) the thing or service is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. 1997, c. 13, s. 27; 2018, c. 9, s. 34. Other things and services 28 (1) Subject to the regulations, a person may sell a tobacco product, or advertise a tobacco product in accordance with section 22, if any of its brand elements is displayed on a thing, other than a tobacco product or an accessory, or is used with a service, and the thing or service does not fall within the criteria described in paragraphs 27(a) to (c). Promotion (2) Subject to the regulations, a person may promote a thing, other than a tobacco product or an accessory, that displays a tobacco product-related brand element, or a service that uses a tobacco product-related brand element, if the thing or service does not fall within the criteria described in paragraphs 27(a) to (c). 1997, c. 13, s. 28; 2018, c. 9, s. 34. Sales promotions 29 No manufacturer or retailer shall (a) provide or offer to provide any consideration, for the purchase of a tobacco product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; (b) furnish or offer to furnish a tobacco product without monetary consideration or in consideration of the Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 1 Tobacco Products Sections 29-30.21 purchase of a product or service or the performance of a service; or (c) furnish or offer to furnish an accessory that displays a tobacco product-related brand element without monetary consideration or in consideration of the purchase of a product or service or the performance of a service. 1997, c. 13, s. 29; 2018, c. 9, s. 35. Point of sale display of tobacco products 30 (1) Subject to the regulations, a person may display, at the point of sale, a tobacco product or an accessory that displays a tobacco product-related brand element. Signs (2) A retailer of tobacco products may post, subject to the regulations, signs at the point of sale that indicate the availability of tobacco products and their price. For greater certainty (3) For greater certainty, subsection (1) does not authorize the display of a tobacco product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations. 1997, c. 13, s. 30; 2018, c. 9, s. 36. DIVISION 2 Vaping Products Advertising appealing to young persons 30.1 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of advertising if there are reasonable grounds to believe that the advertising could be appealing to young persons. 2018, c. 9, s. 36. Lifestyle advertising 30.2 No person shall promote a vaping product, a vaping product-related brand element or a thing that displays a vaping product-related brand element by means of lifestyle advertising. 2018, c. 9, s. 36. Testimonials or endorsements 30.21 (1) No person shall promote a vaping product through a testimonial or an endorsement, however displayed or communicated, including by means of the packaging. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.21-30.42 Depiction of person (2) For the purposes of subsection (1), the depiction of a person, character or animal, whether real or fictional, is considered to be a testimonial for, or an endorsement of, the product. 2018, c. 9, s. 37. Sponsorship promotion 30.3 (1) No person shall promote a vaping product-related brand element or the name of a vaping product manufacturer in a manner that is likely to create an association between the brand element or the name and a person, entity, event, activity or permanent facility. Promotional material (2) No person shall use, directly or indirectly, a vaping product-related brand element or the name of a vaping product manufacturer in the promotional material related to a person, entity, event, activity or permanent facility. 2018, c. 9, s. 36. Name of facility 30.4 No person shall display a vaping product-related brand element or the name of a vaping product manufacturer on a permanent facility, as part of the name of the facility or otherwise, if the facility is used for a sports or cultural event or activity. 2018, c. 9, s. 36. Functions and sensory attributes 30.41 No person shall promote or sell a vaping product that has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the product appealing to young persons. 2018, c. 9, s. 38. False promotion 30.42 (1) No person shall promote a vaping product, including by means of the packaging, (a) in a manner that is false, misleading or deceptive with respect to, or that is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the vaping product or its emissions; (b) by using terms, expressions, logos, symbols or illustrations that are prohibited by the regulations; or Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.42-30.45 (c) by using, in a manner that is contrary to the regulations, prescribed terms, expressions, logos, symbols or illustrations. Considerations (2) The general impression conveyed by a promotion and the literal meaning of any statement contained in a promotion shall be taken into account in determining whether a promotion is made in a manner that is misleading or deceptive with respect to, or is likely to create an erroneous impression about, the characteristics, health effects or health hazards of the vaping product or its emissions. 2018, c. 9, s. 38. Health benefits 30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits may be derived from the use of the product or from its emissions. Comparisons (2) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, by comparing the health effects arising from the use of the product or from its emissions with those arising from the use of a tobacco product or from its emissions. Exception (3) Subsections (1) and (2) do not apply in respect of a vaping product that is the subject of an authorization, including a licence, issued under the Food and Drugs Act authorizing its sale. 2018, c. 9, s. 38. Discouraging tobacco cessation 30.44 No person shall promote a vaping product, including by means of the packaging, if there are reasonable grounds to believe that the promotion could discourage tobacco cessation or encourage the resumed use of tobacco products. 2018, c. 9, s. 38. Packaging 30.45 (1) No person shall package a vaping product in a manner that is contrary to the provisions of this Act or of the regulations. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.45-30.48 Prohibition — sale (2) No person shall sell a vaping product that is packaged in a manner that is contrary to the provisions of this Act or of the regulations. 2018, c. 9, s. 38. Indication or illustration 30.46 (1) No person shall display on a vaping product or on its package an indication or illustration, including a brand element, that could cause a person to believe that the product is flavoured if there are reasonable grounds to believe that the indication or illustration could be appealing to young persons. Prohibition — sale (2) No person shall sell a vaping product if an indication or illustration referred to in subsection (1) is displayed on the product or on its package. 2018, c. 9, s. 38. Prohibited ingredients 30.47 (1) No person shall promote a vaping product set out in column 2 of Schedule 2, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product contains an ingredient set out in column 1. Prohibition — sale (2) No person shall sell a vaping product set out in column 2 of Schedule 2 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package. 2018, c. 9, s. 38. Flavours 30.48 (1) No person shall promote a vaping product set out in column 2 of Schedule 3, including by means of the packaging, through an indication or illustration, including a brand element, that could cause a person to believe that the product has a flavour set out in column 1. Prohibition — sale (2) No person shall sell a vaping product set out in column 2 of Schedule 3 if an indication or illustration referred to in subsection (1) is displayed on the product or on its package. 2018, c. 9, s. 38. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.49-30.5 Amendment of Schedule 3 30.49 (1) The Governor in Council may, by order, amend Schedule 3 by adding, amending or deleting (a) the name or description of a flavour or vaping product; or (b) a reference to all vaping products, with or without exceptions. Description (2) A flavour or vaping product may be described by reference to a document produced by a body or person other than the Minister, either as the document exists on a particular date or as it is amended from time to time. Operation of amendments suspended (3) An order made under subsection (1) may provide that the operation of the amendments to Schedule 3 is suspended with respect to retailers for a period of 30 days after the day on which the order comes into force. Consequences of suspension (4) During the period in which the operation of the amendments is suspended with respect to retailers, (a) Schedule 3, as it read immediately before the coming into force of the order, continues to apply with respect to retailers; and (b) no other amendment to Schedule 3 is to come into force. 2018, c. 9, s. 38. Giving or offering to give 30.5 Subject to the regulations, no manufacturer or retailer shall give or offer to give (a) a vaping product; or (b) a thing that displays a vaping product-related brand element if (i) the thing is associated with young persons, (ii) there are reasonable grounds to believe that the thing could be appealing to young persons, or (iii) the thing is associated with a way of life such as one that includes glamour, recreation, excitement, vitality, risk or daring. 2018, c. 9, s. 36. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.6-30.71 Sales promotions — offering consideration 30.6 (1) No manufacturer or retailer shall, in a place to which young persons have access, (a) offer to provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or (b) offer to furnish a vaping product in consideration of the purchase of a product or service or the performance of a service. Sales promotions — providing consideration (2) No manufacturer or retailer shall, in a place other than a retail establishment where vaping products are ordinarily sold, (a) provide any consideration, for the purchase of a vaping product, including a gift to a purchaser or a third party, bonus, premium, cash rebate or right to participate in a game, draw, lottery or contest; or (b) furnish a vaping product in consideration of the purchase of a product or service or the performance of a service. 2018, c. 9, s. 36. Advertising — required information 30.7 No person shall promote a vaping product or a vaping product-related brand element by means of advertising unless it conveys, in the prescribed form and manner, the information required by the regulations about the product and its emissions and about the health hazards and health effects arising from the use of the product and from its emissions. 2018, c. 9, s. 36. Advertising — regulations 30.701 No person shall promote a vaping product or a vaping product-related brand element by means of advertising done in a manner that is contrary to the regulations. 2018, c. 9, s. 36. Tobacco product-related brand element 30.71 No person shall furnish or promote a vaping product if a tobacco product-related brand element is displayed on the vaping product, on its package or in the advertising of the vaping product. 2018, c. 9, s. 40. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 2 Vaping Products Sections 30.8-32 Point of sale promotion 30.8 No person shall promote, at the point of sale, a vaping product or a vaping product-related brand element, including by means of the packaging, in a manner that is contrary to the regulations. 2018, c. 9, s. 36. DIVISION 3 Miscellaneous Provisions Communication media 31 (1) No person shall, on behalf of another person, with or without consideration, publish, broadcast or otherwise disseminate any promotion that is prohibited by this Part. Exception (2) Subsection (1) does not apply to the distribution for sale of an imported publication or the retransmission of radio or television broadcasts that originate outside Canada. Foreign media (3) No person in Canada shall, by means of a publication that is published outside Canada, a broadcast that originates outside Canada or any communication other than a publication or broadcast that originates outside Canada, promote any product the promotion of which is regulated under this Part, or disseminate promotional material that contains a tobacco product-related brand element or a vaping product-related brand element in a manner that is contrary to this Part. 1997, c. 13, s. 31; 2018, c. 9, s. 41. Report to Minister 32 (1) Every manufacturer shall submit to the Minister, in the prescribed form and manner and within the prescribed time, information that is required by the regulations about any promotion referred to in paragraph 18(2)(c) or (3)(c) and about any promotion referred to in Division 1 or 2. Supplementary information (2) The Minister may, subject to the regulations, request supplementary information relating to the information referred to in subsection (1), and every manufacturer shall submit the requested information in the form and manner and within the time specified by the Minister. 1997, c. 13, s. 32; 2018, c. 9, s. 42. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 3 Miscellaneous Provisions Section 33 Regulations 33 The Governor in Council may make regulations (a) respecting the promotion of tobacco products, the use and promotion of tobacco product-related brand elements and the packaging of tobacco products, including the form, manner and conditions of the promotion and packaging, and the promotion of services and things for the purposes of section 28; (a.1) for the purposes of paragraph 20.1(b), prohibiting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of tobacco products or their emissions; (b) respecting the advertising of tobacco products for the purposes of subsection 22(2); (c) respecting, for the purposes of subsection 26(1), the manner in which a tobacco product-related brand element may appear on an accessory; (d) respecting the display of tobacco products and accessories at the point of sale; (e) respecting signs that a retailer may post under subsection 30(2), including the placement of the signs and their number, size and content; (e.1) for the purposes of section 30.42, prohibiting or respecting the use of terms, expressions, logos, symbols or illustrations in order to prevent the public from being deceived or misled with respect to the health effects or health hazards of vaping products or their emissions; (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2); (e.3) respecting, for the purposes of section 30.45, the packaging of vaping products, including by prohibiting the display of terms, expressions, logos, symbols or illustrations on the package that could be appealing to young persons; (f) respecting exceptions to the prohibition under section 30.5; (g) respecting, for the purposes of section 30.7, the information about vaping products and their emissions and about the health hazards and health effects arising from the use of the products and from their emissions that must be conveyed in advertising; Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART IV Promotion DIVISION 3 Miscellaneous Provisions Sections 33-35 (g.1) respecting, for the purposes of section 30.701, the advertising of vaping products and vaping product-related brand elements; (h) respecting, for the purposes of section 30.8, the promotion, at the point of sale, of vaping products and vaping product-related brand elements, including their display; (i) requiring manufacturers to disclose the particulars of their tobacco product-related and vaping productrelated brand elements and promotional activities; (j) respecting requests for supplementary information under subsection 32(2); (k) prescribing anything that by this Part is to be prescribed; and (l) generally for carrying out the purposes of this Part. 1997, c. 13, s. 33; 1998, c. 38, s. 3; 2018, c. 9, s. 44. PART V Administration and Enforcement Inspection and Analysis Designation of inspectors and analysts 34 (1) The Minister may designate any person or class of persons as an inspector or analyst for the purpose of the administration and enforcement of this Act. Certificate (2) Every inspector and analyst shall be given a certificate, in a form established by the Minister, attesting to the inspector or analyst’s designation. Certificate to be produced (3) An inspector entering a place under this Act shall, on request, produce the certificate to the person in charge of that place. 1997, c. 13, s. 34; 2018, c. 9, s. 45. Authority to enter place 35 (1) For a purpose related to verifying compliance with this Act, an inspector may, subject to section 36, enter any place, including a conveyance, in which the inspector believes on reasonable grounds Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Inspection and Analysis Section 35 (a) a tobacco product or vaping product is manufactured, tested, stored, promoted, transported or furnished; (b) there is anything used in the manufacture, testing, promotion or furnishing of a tobacco product or vaping product; or (c) there is any information relating to the manufacture, testing, storage, promotion, transporting or furnishing of a tobacco product or vaping product. Powers of inspector (2) An inspector may, for the purpose referred to in subsection (1), (a) examine a tobacco product, vaping product or thing referred to in paragraph (1)(b) that is found in the place; (b) order any person to produce for examination, in the manner and form requested by the inspector, the tobacco product, vaping product or thing; (c) open or order any person to open any container or package found in the place that the inspector believes on reasonable grounds contains the tobacco product, vaping product or thing; (d) take or order any person to take, free of charge, a sample of the tobacco product, vaping product or thing; (e) conduct any test or analysis or take any measurements; (f) order any person found in the place to produce for examination or copying any written or electronic information; (g) take photographs and make recordings and sketches; (h) order the owner or person having possession, care or control of the tobacco product, vaping product or thing — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement; (i) order the owner or person in charge of the place or a person who manufactures, tests, stores, promotes, transports or furnishes a tobacco product or vaping product at the place to establish their identity to the inspector’s satisfaction; Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Inspection and Analysis Sections 35-36 (j) use or order any person to use a computer system, as defined in subsection 342.1(2) of the Criminal Code, that is found in the place to examine data that are contained in or available to the computer system, reproduce the data or order any person to reproduce the data in the form of a printout or other intelligible output and remove the output for examination or copying; or (k) use or order any person to use copying equipment that is found in the place and remove the copies for examination. Means of telecommunication (3) For the purposes of subsections (1) and (2), the inspector is considered to have entered a place when they access it remotely by a means of telecommunication. Limitation — access by means of telecommunication (4) An inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1). Persons accompanying inspector (5) The inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section. Entering private property (6) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). 1997, c. 13, s. 35; 2018, c. 9, s. 45. Warrant to enter dwelling-house 36 (1) If the place is a dwelling-house, an inspector may enter it without the occupant’s consent only under the authority of a warrant issued under subsection (2). Authority to issue warrant (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in the warrant to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Inspection and Analysis Sections 36-38 (a) the dwelling-house is a place referred to in subsection 35(1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (c) entry to the dwelling-house was refused by the occupant or there are reasonable grounds to believe that entry will be refused by, or that consent to entry cannot be obtained from, the occupant. Use of force (3) In executing a warrant issued under subsection (2), an inspector may use force only if the use of force has been specifically authorized in the warrant and they are accompanied by a peace officer. Telewarrant (4) If an inspector believes that it would not be practical to appear personally to make an application for a warrant under subsection (2), a warrant may be issued by telephone or other means of telecommunication on information submitted by telephone or other means of telecommunication, and section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications. 1997, c. 13, s. 36; 2018, c. 9, s. 45. Certificate of analysis 37 An analyst who has analysed or examined a thing under this Act, or a sample of it, may issue a certificate or report setting out the results of the analysis or examination. Assistance to inspectors 38 (1) The owner or person in charge of a place referred to in subsection 35(1) and every person found in that place shall give all assistance that is reasonably required to enable the inspector to exercise their powers or perform their duties or functions under this Act, including by providing them with any documents or information, and access to any data, that they may reasonably require for that purpose and by complying with any order made by the inspector under subsection 35(2) or paragraph 39(2)(b). Obstruction (2) No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is exercising their powers or performing their duties or functions under this Act. 1997, c. 13, s. 38; 2018, c. 9, s. 46. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Seizure and Restoration Sections 39-40 Seizure and Restoration Seizure 39 (1) An inspector may seize any thing — including a tobacco product or vaping product — found in a place referred to in subsection 35(1), or a conveyance referred to in that subsection, that they have reasonable grounds to believe was used in the contravention of this Act or is something in relation to which the Act was contravened. Storage (2) An inspector who seizes a thing or a conveyance may (a) on notice to and at the expense of its owner or the person having possession, care or control of it at the time of its seizure, store it or move it; or (b) order its owner or the person having possession, care or control of it at the time of its seizure to, at their expense, store it or move it. Interference (3) Unless authorized by an inspector, no person shall remove, alter or interfere in any way with any thing or conveyance seized. 1997, c. 13, s. 39; 2018, c. 9, s. 47. Application for restoration 40 (1) Any person from whom a thing or conveyance was seized may, within 60 days after the date of seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends a notice containing the prescribed information to the Minister within the prescribed time and in the prescribed manner. Order of restoration (2) The provincial court judge may order that the thing or conveyance be restored immediately to the applicant if, on hearing the application, the judge is satisfied (a) that the applicant is entitled to possession of the thing or conveyance seized; and (b) that the thing or conveyance seized is not and will not be required as evidence in any proceedings in respect of an offence under this Act. Order of later restoration (3) If, on hearing an application made under subsection (1), the provincial court judge is satisfied that the applicant is entitled to possession of the thing or conveyance seized but is not satisfied with respect to the matters Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Seizure and Restoration Sections 40-41.1 mentioned in paragraph (2)(b), the judge may order that the thing or conveyance seized be restored to the applicant (a) on the expiration of one hundred and eighty days after the date of the seizure if no proceedings in respect of an offence under this Act have been commenced before that time; or (b) on the final conclusion of any such proceedings, in any other case. No restoration where forfeiture by consent (4) The provincial court judge shall not make an order under this section for restoration of a thing or conveyance if it has been forfeited by consent under subsection 41(3). 1997, c. 13, s. 40; 2018, c. 9, s. 48. Forfeiture 41 (1) If no application has been made under subsection 40(1) for the restoration of a thing or conveyance seized under this Act within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the thing or conveyance is forfeited to Her Majesty in right of Canada. Forfeiture on conviction (2) If a person has been convicted of an offence under this Act, any thing or conveyance seized under this Act by means of or in respect of which the offence was committed is forfeited to Her Majesty in right of Canada. Forfeiture with consent (3) If an inspector has seized a thing or conveyance and the owner or the person in whose possession it was at the time of seizure consents in writing to its forfeiture, the thing or conveyance is forfeited to Her Majesty in right of Canada. Disposal (4) A seized thing or conveyance that is forfeited may be disposed of, as the Minister directs, at the expense of its owner or the person who was entitled to possess it at the time of its seizure. 1997, c. 13, s. 41; 2018, c. 9, s. 49. Recovery of costs 41.1 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under section 39 or Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V Administration and Enforcement Seizure and Restoration Sections 41.1-42.1 subsection 41(4), including the storage, movement or disposal of a thing or conveyance. Time limit (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the day on which the debt became payable. 2018, c. 9, s. 49. Certificate of default 41.2 (1) Any debt that may be recovered under subsection 41.1(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2018, c. 9, s. 49. Regulations Regulations 42 The Governor in Council may make regulations (a) respecting the powers and duties of inspectors and analysts; (b) respecting the taking of samples; (b.1) respecting the costs in relation to anything required or authorized under section 39 or subsection 41(4); (c) prescribing anything that by this Part is to be prescribed; and (d) generally for carrying out the purposes of this Part. 1997, c. 13, s. 42; 2018, c. 9, s. 50. PART V.1 Miscellaneous Provisions 42.1 [Repealed, 2018, c. 9, s. 52] Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART V.1 Miscellaneous Provisions Sections 42.2-42.5 Food and Drugs Act 42.2 (1) The Governor in Council may make regulations providing that this Act or any provision of this Act does not apply in respect of some or all of the vaping products that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act. For greater certainty (2) For greater certainty, the regulations may distinguish between vaping products on the basis of type of authorization, including type of licence, issued under the Food and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act. 2018, c. 9, s. 53. Trademarks 42.3 (1) Despite the Trademarks Act, the registration of a trademark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act. For greater certainty (2) For greater certainty, the absence of use of a trademark as a result of compliance with this Act constitutes special circumstances that excuse the absence of use for the purposes of the Trademarks Act. 2018, c. 9, s. 53; 2014, c. 20, s. 366(E). Regulations 42.4 The Governor in Council may make regulations (a) prescribing anything that by this Part is to be prescribed; and (b) generally for carrying out the purposes of this Part. 2018, c. 9, s. 53. Incorporation by reference — limitation removed 42.5 The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to the powers to make regulations under sections 7, 7.8, 14, 17, 33, 42 and 42.4. 2018, c. 9, s. 53. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 43-44.1 PART VI Offences and Punishment Product and promotion offences — manufacturer 43 (1) Every manufacturer who contravenes section 5, 7.2 or 19 is guilty of an offence and liable (a) on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding one year, or to both; or (b) on conviction on indictment to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years, or to both. Promotion offences — other persons (2) Every person, other than a manufacturer, who contravenes section 19 is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000. 1997, c. 13, s. 43; 2018, c. 9, s. 55. Additives, ingredients and markings — manufacturer 43.1 Every manufacturer who contravenes subsection 5.1(1), section 5.2, subsection 5.3(1) or section 7.21 or 7.22 is guilty of an offence and liable on summary conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding two years, or to both. 2009, c. 27, s. 14; 2018, c. 9, ss. 55 to 57. Markings — other persons 43.2 Every person, other than a manufacturer, who contravenes subsection 5.3(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. 2009, c. 27, s. 14; 2018, c. 9, ss. 55, 57. Summary offence 44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2) or 38(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both. 1997, c. 13, s. 44; 2009, c. 27, s. 15; 2018, c. 9, s. 55. Prohibited sale 44.1 Every manufacturer who contravenes section 7.4 is guilty of an offence and liable on summary conviction to Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 44.1-47 a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both. 2018, c. 9, s. 55. Sales to young persons, promotions 45 Every person who contravenes subsection 8(1) or 9(1) or section 11 or 12, or every retailer who contravenes section 29 or 30.5 or subsection 30.6(1) or (2), is guilty of an offence and liable on summary conviction (a) for a first offence, to a fine not exceeding $3,000; and (b) for a subsequent offence, to a fine not exceeding $50,000. 1997, c. 13, s. 45; 2018, c. 9, s. 60. Offence by retailer 46 (1) Every retailer who contravenes subsection 15(1) or (2), 15.1(1) or (4) or 15.3(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000. Offence by manufacturer (2) Every manufacturer who contravenes subsection 15(1), (1.1) or (2), 15.1(1) or (4) or 15.3(1) or (2), section 29 or 30.5 or subsection 30.6(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. Offence (3) Every person who contravenes subsection 15.1(2) or (3) is guilty of an offence and liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. 1997, c. 13, s. 46; 2018, c. 9, ss. 61, 62. General offence 47 Every person who contravenes subsection 9.1(1) or (2) or 20(1), section 20.1, subsection 21(1), 22(1), 23(1) or (2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25, 27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2), section 30.4 or 30.41, subsection 30.42(1) or 30.43(1) or (2), section 30.44, subsection 30.45(1) or (2), 30.46(1) or (2), 30.47(1) or (2) or 30.48(1) or (2) or section 30.701 or 30.71 is guilty of an offence and Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 47-53 liable on summary conviction to a fine not exceeding $500,000 or to imprisonment for a term not exceeding two years, or to both. 1997, c. 13, s. 47; 2018, c. 9, ss. 61, 63. Where no other penalty 48 Every person who contravenes a provision of this Act or the regulations for which no other penalty is provided in this Act is guilty of an offence and liable on summary conviction to a fine not exceeding $25,000. Due diligence defence 48.1 A person is not to be found guilty of an offence under this Act if they establish that they exercised due diligence to prevent the commission of the offence. 2018, c. 9, s. 64. Continuing offence 49 A person who commits or continues an offence under this Act on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued. Offence by director or officer of corporation 50 Where a corporation commits an offence under this Act, any director or officer of the corporation who authorized or acquiesced in the offence is guilty of an offence and liable on conviction to the penalty provided for by this Act in respect of the offence committed by the corporation, whether or not the corporation has been prosecuted. Limitation period 51 No prosecution for a summary conviction offence under this Act may be instituted after two years after the time when the subject-matter of the proceedings arose. Venue 52 A prosecution for an offence under this Act may be instituted, heard, tried and determined by a court in any jurisdiction in which the accused carries on business, regardless of where the subject-matter of the prosecution arose. Exception need not be pleaded 53 (1) No exception, exemption, excuse or qualification prescribed by law is required to be set out or negatived, as the case may be, in an information or indictment for an offence under this Act or under section 463, 464 or 465 of the Criminal Code in respect of an offence under this Act. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 53-56 Proof of exemption (2) In a prosecution for an offence referred to in subsection (1), the burden of proving that an exception, exemption, excuse or qualification prescribed by law operates in favour of the accused is on the accused and the prosecutor is not required, except by way of rebuttal, to prove that it does not operate in favour of the accused, whether or not it is set out in the information or indictment. Offence by employee or agent 54 In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused, whether or not the employee or agent is identified or has been prosecuted for the offence, unless the accused establishes that the offence was committed without the knowledge or consent of the accused and that the accused exercised all due diligence to prevent its commission. Certified copies and extracts 55 In a prosecution for an offence under this Act, a copy of any written or electronic information obtained during an inspection under this Act and certified by the inspector to be a true copy is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents. Certificate or report of analyst as proof 56 (1) Subject to subsections (2) and (3), a certificate or report purporting to be signed by an analyst stating that the analyst has analysed anything to which this Act applies and stating the results of the analysis, is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate or report. Notice (2) The certificate or report may not be received in evidence unless the party intending to produce it has, before the trial, given the party against whom it is intended to be produced reasonable notice of that intention together with a copy of the certificate or report. Attendance of analyst (3) The party against whom the certificate or report is produced may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 57-59 Evidentiary presumptions 57 In a prosecution for a contravention of this Act, (a) information on a package indicating that it contains a tobacco product or vaping product is, in the absence of evidence to the contrary, proof that the package contains that product; and (b) a name or address on a package purporting to be the name or address of the person by whom the tobacco product or vaping product was manufactured is, in the absence of evidence to the contrary, proof that it was manufactured by that person. 1997, c. 13, s. 57; 2018, c. 9, s. 65. Additional fine 58 If an offender has been convicted of an offence under this Act and the court is satisfied that as a result of the commission of the offence the offender acquired any monetary benefits or that monetary benefits accrued to the offender, the court may order the offender to pay, despite the maximum amount of any fine that may otherwise be imposed under this Act, an additional fine in an amount equal to the court’s estimation of the amount of those monetary benefits. Orders of court 59 When the court is sentencing an offender who has been convicted of an offence under this Act, in addition to any other punishment that may be imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order having any or all of the following effects: (a) prohibiting the offender from doing any act or engaging in any activity that is likely to result in the continuation or repetition of the offence; (b) prohibiting the offender from selling tobacco products and vaping products for a period of not more than one year, in the case of a subsequent offence for the contravention of subsection 8(1) or section 11, 12, 29, 30.5 or 30.6; (c) directing the offender to publish, in the manner directed by the court, the facts relating to the commission of the offence; (d) directing the offender to post any bond or pay any amount of money into court that will ensure compliance with an order made pursuant to this section; (e) directing the offender to compensate the Minister, in whole or in part, for the cost of any remedial or preventive action taken by or caused to be taken on behalf Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VI Offences and Punishment Sections 59-60 of the Minister as a result of the act or omission that constituted the offence; and (f) directing the offender to pay an amount for the purposes of conducting research into any matters relating to tobacco products and vaping products that the court considers appropriate. 1997, c. 13, s. 59; 2018, c. 9, s. 66. PART VII Agreements Administrative agreements 60 (1) The Minister may enter into agreements with provinces or other bodies respecting the administration and enforcement of this Act or any provision of this Act, including the designation of provincial or other officials and bodies as inspectors under this Act and the appointment of federal officials as inspectors under provincial legislation in respect of tobacco and vaping products. Equivalency agreements (2) The Minister may enter into equivalency agreements with a province where there are in force, under the laws of that province, provisions that are equivalent to the provisions of this Act. Order (3) The Governor in Council may, on the recommendation of the Minister, by order, declare that certain provisions of this Act or the regulations, other than those creating an absolute prohibition, do not apply within a province in which an equivalency agreement is in force. Table in Parliament (4) A copy of an equivalency agreement in respect of which an order is made under subsection (3) must be tabled in each House of Parliament within the first 15 sitting days of that House after the order is made. 1997, c. 13, s. 60; 2015, c. 3, s. 155; 2018, c. 9, s. 67. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VII.1 Review of the Act Sections 60.1-66 PART VII.1 Review of the Act Review of the Act 60.1 (1) The Minister must, three years after the day on which this section comes into force and every two years after that, undertake a review of the provisions and operation of this Act. Report to Parliament (2) The Minister must, no later than one year after the day on which the review is undertaken, cause a report on the review to be tabled in each House of Parliament. 2018, c. 9, s. 67.1. PART VIII Consequential Amendments, Repeals and Coming into Force Consequential Amendments 61 to 63 [Amendments] Repeals 64 and 65 [Repeals] Coming into Force Subsections 24(2) and (3) 66 (1) Subsections 24(2) and (3) come into force on October 1, 1998 or on any earlier day that the Governor in Council may fix by order. * * [Note: Subsections 24(2) and (3) in force October 1, 1998.] Application delayed — sponsorship before April 25, 1997 (2) If a tobacco product-related brand element was displayed, at any time between January 25, 1996 and April 25, 1997, in promotional material that was used in the sponsorship of an event or activity that took place in Canada, subsections 24(2) and (3) do not apply until (a) October 1, 2000 in relation to the display of a tobacco product-related brand element in promotional material that is used in the Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products PART VIII Consequential Amendments, Repeals and Coming into Force Coming into Force Section 66 sponsorship of that event or activity or of a person or entity participating in that event or activity; and (b) October 1, 2003 in relation to the display referred to in paragraph (a) on the site of the event or activity for the duration of the event or activity or for any other period that may be prescribed. Promotional material (3) Subsections 24(2) and (3) apply beginning on October 1, 2000 and ending on September 30, 2003 to prohibit the furnishing to the public, on the site of an event or activity to which paragraph (2)(b) applies, of promotional material that displays a tobacco product-related brand element otherwise than in conformity with subsection 24(2). 1997, c. 13, s. 66; 1998, c. 38, s. 4. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 SCHEDULE 1 (Sections 5.1, 5.2, 7.1 and 23.1) Prohibited Additives Column 1 Item Additive Additives that have flavouring properties or that enha than those set out in Column 1 of item 1.2), including – additives identified as flavouring agents by the pert Committee on Food Additives in the Comm as published from time to time in the WHO Tec – additives identified as generally recognized as ing substances by the Flavor and Extract Manu (FEMA) Expert Panel in its lists of GRAS substa “GRAS 3” to “GRAS 24” and subsequent lists o as published from time to time, if any The following additives are excluded: – benzoic acid (CAS 65-85-0) and its salts – butylated hydroxytoluene (CAS 128-37-0) – carboxymethyl cellulose (CAS 9000-11-7) – citric acid (CAS 77-92-9) and its salts – ethanol (CAS 64-17-5) – polyoxyethylene sorbitan monolaurate (CAS 90 – fumaric acid (CAS 110-17-8) – glycerol (CAS 56-81-5) – guar gum (CAS 9000-30-0) – n-propyl acetate (CAS 109-60-4) – paraffin wax (CAS 8002-74-2) – propylene glycol (CAS 57-55-6) – glycerol esters of wood rosin (CAS 8050-31-5) – sodium acetate anhydrous (CAS 127-09-3) – sodium alginate (CAS 9005-38-3) – sorbic acid (CAS 110-44-1) and its salts – triacetin (CAS 102-76-1) – tributyl acetylcitrate (CAS 77-90-7) 1.1 The prohibited additives referred to in item 1, excludi a flavour that is generally attributed to port, wine, rum 1.2 Menthol, including l-menthol, and menthone, includin Amino acids Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 Column 1 Item Additive Caffeine Colouring agents, excluding those used to whiten pap imitate a cork pattern on tipping paper 4.1 Colouring agents 4.2 Colouring agents, excluding those used to whiten mo to render them the colour drab brown (Pantone 448 C 4.3 Colouring agents, excluding those used to whiten plu render tipping paper the colour drab brown (Pantone cork pattern on tipping paper or to whiten mouthpiec render them the colour drab brown (Pantone 448 C) 4.4 Colouring agents, excluding those used to render tipp drab brown (Pantone 448 C), to whiten mouthpieces o them the colour drab brown (Pantone 448 C) 4.5 Colouring agents, excluding those used to render tob colour drab brown (Pantone 448 C) 4.6 Colouring agents, excluding whitening agents 4.7 Colouring agents, excluding those used to blacken th circumference of a bidi Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 Column 1 Item Additive Essential fatty acids Fruits, vegetables or any product obtained from the p or vegetable, excluding activated charcoal and starch Glucuronolactone Probiotics Spices, seasonings and herbs (other than those set o item 9.1) 9.1 Cloves Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 Column 1 Item Additive Sugars and sweeteners, excluding starch Taurine Vitamins Mineral nutrients, excluding those necessary to manu product Note 1: In column 1, FAO means Food and Agriculture Organizatio means Chemical Abstracts Service registry number. Note 2: In column 2, wrapper fitted in spiral form means a wrappe dinal axis of the cigar. 2009, c. 27, s. 17; SOR/2015-126, ss. 1 to 7; 2017, c. 26, s. 20(F); SOR/2017-45; 2018, c. 9, s 2019-108, s. 5. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 (French) ANNEXE 1 (articles 5.1, 5.2, 7.1 et 23.1) Additifs interdits Colonne 1 Article Additif Additif qui a des propriétés aromatisantes ou qui reh que ceux énumérés dans la colonne 1 de l’article 1.2) – tout additif qualifié d’aromatisant par le Comité d’experts des additifs alimentaires dans ses év dans la version à jour de la Série de rapports te – tout additif qualifié de substance aromatisante nue comme inoffensive (« GRAS ») par le comi sociation appelée Flavor and Extract Manufactu MA) dans ses listes de substances « GRAS » in « GRAS 24 », ou dans ses listes de substances subséquemment, s’il y en a Ne sont toutefois pas visés les additifs suivants : – acide benzoïque (CAS 65-85-0) et ses sels – hydroxytoluène butylé (CAS 128-37-0) – carboxyméthylcellulose (CAS 9000-11-7) – acide citrique (CAS 77-92-9) et ses sels – éthanol (CAS 64-17-5) – monolaurate de polyoxyéthylène de sorbitane – acide fumarique (CAS 110-17-8) – glycérol (CAS 56-81-5) – gomme de guar (CAS 9000-30-0) – acétate de n-propyle (CAS 109-60-4) – cire de paraffine (CAS 8002-74-2) – propylène glycol (CAS 57-55-6) – esters glycériques de résine de bois (CAS 8050 – acétate de sodium anhydre (CAS 127-09-3) – alginate de sodium (CAS 9005-38-3) – acide sorbique (CAS 110-44-1) et ses sels – triacétine (CAS 102-76-1) – acétylcitrate de tributyle (CAS 77-90-7) 1.1 Additifs interdits visés à l’article 1, sauf s’ils confèren communément attribué au porto, au vin, au rhum ou 1.2 Menthol, y compris le l-menthol, et menthone, y com Acides aminés Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 (French) Colonne 1 Article Additif Caféine Agents colorants, sauf ceux utilisés pour blanchir le p pour donner au papier de manchette l’aspect du liège 4.1 Agents colorants 4.2 Agents colorants, sauf ceux utilisés pour blanchir l’em la couleur brun terne (Pantone 448 C) 4.3 Agents colorants, sauf ceux utilisés pour blanchir le p pour donner au papier de manchette la couleur brun C) ou l’aspect du liège ou pour blanchir l’embout ou l brun terne (Pantone 448 C) 4.4 Agents colorants, sauf ceux utilisés pour donner au p la couleur brun terne (Pantone 448 C) ou pour blanch donner la couleur brun terne (Pantone 448 C) 4.5 Agents colorants, sauf ceux utilisés pour donner au p couleur brun terne (Pantone 448 C) 4.6 Agents colorants, sauf les agents blanchissants 4.7 Agents colorants, sauf ceux utilisés pour noircir le fil circonférence du bidi Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 (French) Colonne 1 Article Additif Acides gras essentiels Fruits, légumes et tout produit obtenu par leur transfo charbon activé et l’amidon Glucuronolactone Probiotiques Épices, aromates et herbes (autres que ceux énuméré de l’article 9.1) 9.1 Clou de girofle Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 1 (French) Colonne 1 Article Additif Sucres et édulcorants, sauf l’amidon Taurine Vitamines Minéraux nutritifs, sauf ceux qui sont nécessaires à la produit du tabac Note 1 : Dans la colonne 1, FAO renvoie à l’Organisation des Nation diale de la Santé et CAS se rapporte au numéro du service d Note 2 : Dans la colonne 2, cape apposée en hélice s’entend de la c par rapport à l’axe longitudinal du cigare. 2009, ch. 27, art. 17; DORS/2015-126, art. 1 à 7; 2017, ch. 26, art. 20(F); DORS/2017-45; 2018 2019-108, art. 4; DORS/2019-108, art. 5. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 2 SCHEDULE 2 (Sections 7.21, 7.22, 7.23 and 30.47) Prohibited Ingredients Item 1 Column 1 Ingredient Amino acids Caffeine Colouring agents Essential fatty acids Glucuronolactone Probiotics Taurine Vitamins Mineral nutrients Column 2 Vaping Produ Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Vaping substa substances th Note: In column 2, prescription has the same meaning as in subsection 2018, c. 9, s. 69. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 2 (French) ANNEXE 2 (articles 7.21, 7.22, 7.23 et 30.47) Ingrédients interdits Article 1 Colonne 1 Ingrédient Acides aminés Caféine Agents colorants Acides gras essentiels Glucuronolactone Probiotiques Taurine Vitamines Minéraux nutritifs Colonne 2 Produit de vap Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Substances d vendues en vu Note : Dans la colonne 2, sur ordonnance s’entend au sens du paragrap 2018, ch. 9, art. 69. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 3 SCHEDULE 3 (Sections 30.48 and 30.49) Flavours Item 1 Column 1 Flavour Confectionery Dessert Cannabis Soft drink Energy drink Column 2 Vaping Produ Vaping produ are manufactu Vaping produ are manufactu Vaping produ export Vaping produ export Vaping produ export Note: In column 2, prescription has the same meaning as in subsection 2018, c. 9, s. 69. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products SCHEDULE 3 (French) ANNEXE 3 (articles 30.48 et 30.49) Arômes Article 1 Colonne 1 Arôme Confiserie Dessert 3 4 5 Cannabis Boisson gazeuse Boisson énergisante Colonne 2 Produit de va Produits de v vue de leur e Produits de v vue de leur e Produits de v Produits de v Produits de v Note : Dans la colonne 2, sur ordonnance s’entend au sens du paragrap 2018, ch. 9, art. 69. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products RELATED PROVISIONS RELATED PROVISIONS — 1998, c. 38, s. 2 (2) 2 (2) Section 25 of the Act, as it read immediately before the coming into force of subsection (1), continues to apply until October 1, 2003 in relation to the display, on a permanent facility, of a tobacco product-related brand element that appeared on the facility on the day on which this Act comes into force. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products AMENDMENTS NOT IN FORCE AMENDMENTS NOT IN FORCE — 2018, c. 9, s. 10 10 The Act is amended by adding the following after section 6: Prohibition 6.01 Subject to the regulations, no manufacturer shall sell a tobacco product unless the information required under subsection 6(1) with respect to that product is submitted to the Minister. — 2018, c. 9, s. 11 (5) 2009, c. 27, s. 8(1). 11 (5) Section 7 of the Act is amended by adding the following after paragraph (c.2): (c.3) respecting the prohibition under section 6.01, including providing for the suspension of the sale of a tobacco product; — 2018, c. 9, s. 14 (2) 14 (2) Subsection 8(2) of the Act is replaced by the following: Defence (2) A person shall not be found guilty of having contravened subsection (1) if it is established that they attempted to verify, in accordance with the regulations, that the person was at least 18 years of age. — 2018, c. 9, ss. 15 (2), (3) 15 (2) Paragraph 9(2)(b) of the Act is replaced by the following: (b) instructed the person delivering the product to verify, in accordance with the regulations, that the person taking delivery of it is at least 18 years of age. (3) Subsection 9(3) of the Act is replaced by the following: Defence — person making delivery (3) A person shall not be found guilty of having contravened subsection (1) for having delivered a tobacco product or vaping product to a young person if it is established that the person verified, in accordance with the regulations, that the person taking delivery of the product was at least 18 years of age. Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products AMENDMENTS NOT IN FORCE — 2018, c. 9, s. 17 17 Section 12 of the Act is replaced by the following: Dispensing device 12 Subject to the regulations, no person shall furnish or permit the furnishing of a tobacco product or vaping product by means of a dispensing device. — 2018, c. 9, s. 19 (1) 19 (1) Paragraph 14(a) of the Act is replaced by the following: (a) respecting the verifications referred to in subsection 8(2), paragraph 9(2)(b) and subsection 9(3); — 2018, c. 9, s. 19 (3) 19 (3) Paragraph 14(e) of the Act is replaced by the following: (e) respecting exceptions to the prohibition under section 12; — 2018, c. 9, s. 39 39 Subsection 30.43(1) of the Act is replaced by the following: Health benefits 30.43 (1) Subject to subsection (3) and the regulations, no person shall promote a vaping product, including by means of the packaging, in a manner that could cause a person to believe that health benefits, within the meaning of the regulations, may be derived from the use of the product or from its emissions. — 2018, c. 9, s. 44 (6) 44 (6) Paragraph 33(e.2) of the Act is replaced by the following: (e.2) respecting exceptions to the prohibitions under subsections 30.43(1) and (2) and, for the purposes of subsection 30.43(1), what constitutes a health benefit; — 2018, c. 9, s. 54 54 The Act is amended by adding the following after section 42.3: Current to June 20, 2022 Last amended on November 9, 2020 Tobacco and Vaping Products AMENDMENTS NOT IN FORCE Documents to be kept 42.31 (1) Every manufacturer shall keep, in the prescribed manner and for the prescribed time, all documents that they used in order to submit or provide information to the Minister under section 6, 7.3 or 32. Keeping and providing documents (2) The manufacturer shall keep the documents at their place of business in Canada or at any prescribed place and shall, on written request, provide them to the Minister. — 2018, c. 9, s. 58 58 Section 44 of the Act is replaced by the following: Summary offence 44 Every person who contravenes subsection 6(1) or (2), section 6.1, subsection 7.3(1) or (2), section 7.5, subsection 10(1), (2) or (3) or 26(1) or (2), section 30.7 or subsection 31(1) or (3), 32(1) or (2), 38(1) or (2) or 42.31(1) or (2) is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both. — 2018, c. 9, s. 59 59 Section 44.1 of the Act is replaced by the following: Prohibited sale 44.1 Every manufacturer who contravenes section 6.01 or 7.4 is guilty of an offence and liable on summary conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months, or to both. Current to June 20, 2022 Last amended on November 9, 2020

CONSOLIDATION Territorial Lands Act R.S.C., 1985, c. T-7 Current to June 20, 2022 Last amended on July 15, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 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 July 15, 2019 TABLE OF PROVISIONS An Act respecting Crown lands in the Northwest Territories and Nunavut Short Title 1 Short title Interpretation 2 Definitions Application 3 Application Land Management Zones 4 Land management zones Regulations concerning zones Consultation Principal offences Sale or Lease of Territorial Lands 8 Authorizing sale, lease, etc. Interpretation Prohibition Limitation on sale Mining Rights 12 Leasing of mining rights Reservation from Grants 13 Reservation Reservation of bed of body of water Other reservations Grant does not convey water rights Slides, Streams and Lake Fronts 19 Works for the movement of timber Current to June 20, 2022 Last amended on July 15, 2019 ii Territorial Lands TABLE OF PROVISIONS Trespass on Territorial Lands 20 Summons to vacate or show cause Offences and punishment — trespassing Appeal Powers of the Governor in Council 23 Powers of Governor in Council Publication in the Canada Gazette General 25 Effect of receipt Execution of documents Interest Forms Government employees Offence and punishment Deeming — subsequent offences Administration and Enforcement 32 Designation Authority to enter Private property False or misleading information Administrative Monetary Penalties Regulations 36 Regulations Violations 37 Who may issue notices Commission of violation Liability of directors, officers, etc. Proof of violation Issuance and service of notice of violation Rules About Violations 42 Certain defences not available Continuing violation Violation or offence Limitation period Current to June 20, 2022 Last amended on July 15, 2019 iv Territorial Lands TABLE OF PROVISIONS Reviews 46 Right to request review Correction or cancellation of notice of violation Review Object of review Burden of proof Responsibility 51 Payment Failure to act Recovery of Penalties 53 Debts to Her Majesty Certificate General 55 Authenticity of documents Current to June 20, 2022 Last amended on July 15, 2019 v R.S.C., 1985, c. T-7 An Act respecting Crown lands in the Northwest Territories and Nunavut Short Title Short title 1 This Act may be cited as the Territorial Lands Act. R.S., c. T-6, s. 1. Interpretation Definitions 2 In this Act, Crown means Her Majesty in right of Canada; (Couronne) grant means letters patent under the Great Seal, a notification and any other instrument by which territorial lands may be granted in fee simple or for an equivalent estate; (concession) judge of the Court means, in relation to any matter arising in the Yukon Territory, a judge of the Supreme Court of the Yukon Territory, in relation to any matter arising in the Northwest Territories, a judge of the Supreme Court of the Northwest Territories, and, in relation to any matter arising in Nunavut, a judge of the Nunavut Court of Justice; (juge) land includes mines, minerals, easements, servitudes and all other interests in real property; (terre) Minister means the Minister of Northern Affairs or, in respect of any matter related to the Northern Pipeline referred to in the Northern Pipeline Act, the member of the Queen’s Privy Council for Canada designated as the Minister for the purposes of that Act; (ministre) Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Interpretation Sections 2-5 notification means a direction in a form prescribed by the Governor in Council pursuant to paragraph 23(k) and issued pursuant to subsection 9(2); (notification) penalty means an administrative monetary penalty imposed under this Act for a violation; (pénalité) permit means a permit issued under this Act; (permis) territorial lands means lands, or any interest in lands, in the Northwest Territories or Nunavut that are vested in the Crown or of which the Government of Canada has power to dispose. (terres territoriales) timber [Repealed, 2002, c. 7, s. 239] R.S., 1985, c. T-7, s. 2; 1993, c. 28, s. 78; 1999, c. 3, s. 83; 2002, c. 7, s. 239; 2014, c. 2, s. 74; 2019, c. 29, s. 374. Application Application 3 (1) Subject to subsection (2), this Act applies only in respect of territorial lands under the administration of the Minister. Nunavut (2) Sections 9 and 12 to 16 and paragraph 23(k) apply to territorial lands under the administration and control of the Commissioner of Nunavut. Application of certain Acts (3) Nothing in this Act shall be construed as limiting the operation of the Dominion Water Power Act or the Canada National Parks Act. (4) [Repealed, 2002, c. 7, s. 240] R.S., 1985, c. T-7, s. 3; R.S., 1985, c. 7 (3rd Supp.), s. 2; 1991, c. 50, s. 45; 1993, c. 28, s. 78, c. 41, s. 13; 2000, c. 32, s. 66; 2002, c. 7, s. 240; 2014, c. 2, s. 29. Land Management Zones Land management zones 4 Subject to section 6, the Governor in Council may, where the Governor in Council deems it necessary for the protection of the ecological balance or physical characteristics of any area in the Northwest Territories or Nunavut, set apart and appropriate any territorial lands in that area as a land management zone. R.S., 1985, c. T-7, s. 4; 1993, c. 28, s. 78; 2002, c. 7, s. 241. Regulations concerning zones 5 Subject to section 6, the Governor in Council may make regulations respecting Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Land Management Zones Sections 5-8 (a) the protection, control and use of the surface of land in a land management zone set apart and appropriated under section 4; and (b) the issue of permits for the use of the surface of land in a land management zone, the terms and conditions of those permits and the fees therefor. R.S., c. 48(1st Supp.), s. 24. Consultation 6 The Governor in Council may exercise the powers mentioned in sections 4 and 5 only after consultation with the Legislative Assembly of the Northwest Territories or Nunavut, as the case may be, or — if it considers that consultation to be impracticable — after consultation with each of the members of the relevant Legislative Assembly with whom consultation can be effected. R.S., 1985, c. T-7, s. 6; 1993, c. 28, s. 78; 2002, c. 7, s. 242; 2014, c. 2, s. 30. Principal offences 7 (1) Every person is guilty of an offence who (a) contravenes any regulation made under section 5; or (b) fails to comply with any term or condition of a permit issued under such a regulation. Punishment (1.1) Every person who commits an offence under subsection (1) is liable on summary conviction, (a) for a first offence, to a fine not exceeding $100,000; and (b) for a second or subsequent offence, to a fine not exceeding $200,000. Continuing offences (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. R.S., 1985, c. T-7, s. 7; 2014, c. 2, s. 75. Sale or Lease of Territorial Lands Authorizing sale, lease, etc. 8 Subject to this Act, the Governor in Council may authorize the sale, lease or other disposition of territorial lands and may make regulations authorizing the Minister Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Sale or Lease of Territorial Lands Sections 8-11 to sell, lease or otherwise dispose of territorial lands subject to such limitations and conditions as the Governor in Council may prescribe. R.S., c. T-6, s. 4. Interpretation 9 (1) In this section, the expressions certificate of title and registrar have the meanings assigned by any law of the Legislature of the Northwest Territories or for Nunavut, as the case may be, in respect of title to real property. Issue of notification (2) A notification may be issued to a registrar directing the registrar to issue a certificate of title to a person named therein in respect of territorial lands described therein that are within the registration district administered by the registrar. Execution of notification (3) A notification pursuant to subsection (2) shall be signed and issued, (a) in the case of territorial lands described in subsection 3(1), by the Minister, the Deputy Minister or any other officer of the Department authorized in writing for that purpose by the Minister; and (b) in the case of territorial lands described in subsection 3(2), by the Commissioner of Nunavut. Effect of issue of notification (4) The issue of a notification pursuant to subsection (2) has the same force and effect as a grant of territorial land made by letters patent under the Great Seal. Notification to set out nature of grant (5) A notification shall set out the nature of the estate thereby granted and any easements, rights or other interests excepted or reserved therefrom. R.S., 1985, c. T-7, s. 9; 1993, c. 28, s. 78, c. 41, s. 14; 2002, c. 7, s. 243; 2014, c. 2, s. 31. Prohibition 10 No territorial lands suitable for muskrat farming shall be sold. R.S., c. T-6, s. 6. Limitation on sale 11 (1) Not more than one hundred and sixty acres of territorial lands may be sold to any one person without the approval of the Governor in Council. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Sale or Lease of Territorial Lands Sections 11-14 Limitation on lease (2) Subject to subsection (3), not more than six hundred and forty acres of territorial lands may be leased to any one person without the approval of the Governor in Council. Other limitation (3) Where territorial lands are hay lands or lands suitable for grazing or muskrat farming, not more than six thousand four hundred acres may be leased to any one person without the approval of the Governor in Council. R.S., c. T-6, s. 7. Mining Rights Leasing of mining rights 12 The Governor in Council may make regulations for the leasing of mining rights in, under or on territorial lands and the payment of royalties therefor, but such regulations shall provide for the protection of and compensation to the holders of surface rights. R.S., c. T-6, s. 8. Reservation from Grants Reservation 13 Unless otherwise ordered by the Governor in Council, a strip of land one hundred feet in width, measured from ordinary high water mark or from the boundary line, as the case may be, shall be deemed to be reserved to the Crown out of every grant of territorial lands where the land extends (a) to the sea or an inlet thereof; (b) to the shore of any navigable water or an inlet thereof; or (c) to the boundary line between Yukon and Alaska, or between Yukon and the Northwest Territories, or between the Northwest Territories and Nunavut or between Yukon, the Northwest Territories or Nunavut and the Province of Manitoba, Saskatchewan, Alberta or British Columbia. R.S., 1985, c. T-7, s. 13; 1993, c. 28, s. 78; 1998, c. 15, s. 40; 2002, c. 7, s. 244(E). Reservation of bed of body of water 14 Unless the grant contains a provision to the contrary, the bed, below ordinary high water mark, of a body of water shall be deemed to be reserved to the Crown out of Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Reservation from Grants Sections 14-19 every grant of territorial lands where the lands border a body of water. R.S., c. T-6, s. 10. Other reservations 15 There shall be deemed to be reserved to the Crown out of every grant of territorial lands (a) all mines and minerals whether solid, liquid or gaseous that may be found to exist in, under or on those lands, together with the right to work the mines and minerals and for this purpose to enter on, use and occupy the lands or so much thereof and to such extent as may be necessary for the working and extraction of the minerals; and (b) all rights of fishery and fishing and occupation in connection therewith on or around or adjacent to those lands. R.S., c. T-6, s. 11. Grant does not convey water rights 16 Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands conveys any exclusive right, privilege, property or interest with respect to any lake, river, stream or other body of water, within, bordering or passing through the lands. R.S., c. T-6, s. 12. 17 [Repealed, 2002, c. 7, s. 245] 18 [Repealed, 2002, c. 7, s. 245] Slides, Streams and Lake Fronts Works for the movement of timber 19 Unless the grant or other document establishing a grant, lease or other disposition of territorial lands expressly states the contrary, no grant, lease or other disposition of territorial lands (a) conveys any right, title or interest in or to any slide, dam, pier, boom or other work constructed, for the purpose of facilitating the movement of timber, prior to the date of the grant, lease or other disposition of land; (b) affects the unimpeded right to use or repair the works referred to in paragraph (a); or (c) affects the unimpeded right to use, for the purpose of facilitating the movement of timber, all streams, lakes, bodies of water, portage roads or trails past Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Slides, Streams and Lake Fronts Sections 19-20 rapids, falls or other natural obstacles or connecting bodies of water, or any land that has to be used in connection therewith. R.S., c. T-6, s. 15. Trespass on Territorial Lands Summons to vacate or show cause 20 (1) Where under this Act the right of any person to use, possess or occupy territorial lands has been forfeited or where, in the opinion of the Minister, a person is wrongfully or without lawful authority using, possessing or occupying territorial lands and that person continues to use, possess or occupy or fails to deliver up possession of the lands, an officer of the Department of Indian Affairs and Northern Development authorized by the Minister for that purpose may apply to a judge of the Court for a summons directed to that person calling on that person (a) to forthwith vacate or abandon and cease using, possessing or occupying the lands; or (b) within thirty days after service of the summons on that person to show cause why an order or warrant should not be made for the removal of that person from the lands. Warrant for removal (2) Where a summons has been served under subsection (1) and within thirty days from the service thereof the person named in the summons has not removed from, vacated or ceased using, possessing or occupying the lands or has not shown cause why he should not do so, a judge of the Court may make an order or warrant for that person’s summary removal from the lands. Persons executing warrant (3) A warrant made under subsection (2) shall be executed by a sheriff, bailiff, constable or other person to whom it is delivered for that purpose and he has all the powers, rights, immunities and privileges enjoyed by a sheriff, constable or other peace officer in the execution of his duty. Execution of warrant (4) A person to whom an order or warrant made under subsection (2) is addressed shall forthwith remove the person named therein from the lands and all members of that person’s family, employees, servants, labourers, tenants or other persons employed by or living with that person or that person’s tenants. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Trespass on Territorial Lands Sections 20-23 Service of summons or warrant (5) Service of a summons or warrant under this section shall be made by leaving a copy with an adult person found on the lands and by posting up another copy in a conspicuous place on the lands or, where no adult person is found on the lands, by posting up copies in two conspicuous places thereon. R.S., c. T-6, s. 16. Offences and punishment — trespassing 21 (1) A person who remains on territorial lands, returns to them or assumes any possession or occupancy of them after having been ordered to vacate them under section 20 or after having been removed from them under that section is guilty of an offence and liable on summary conviction (a) for a first offence, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding six months, or to both; and (b) for a second or subsequent offence, to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both. Continuing offences (2) An offence under subsection (1) that is committed or continued on more than one day constitutes a separate offence for each day on which it is committed or continued. R.S., 1985, c. T-7, s. 21; 2014, c. 2, s. 76. Appeal 22 The order or judgment of a judge of the Court in any action or proceedings under this Act is subject to an appeal by a party to the action or proceedings in the same manner as any other order or judgment of a judge of the Court. R.S., c. T-6, s. 18. Powers of the Governor in Council Powers of Governor in Council 23 The Governor in Council may (a) on setting out the reasons for withdrawal in the order, order the withdrawal of any tract or tracts of territorial lands from disposal under this Act; (b) set apart and appropriate territorial lands for the sites of places of public worship, burial grounds, schools, market places, jails, court houses, town halls, Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Powers of the Governor in Council Section 23 public parks or gardens, hospitals, harbours, landings, bridge sites, airports, landing fields, railway stations, town-sites, historic sites or for other public purposes and, at any time before the issue of a grant, alter or revoke those appropriations; (c) order that grants or leases for a nominal consideration be made of the lands appropriated under paragraph (b) and that there be expressed in any grant or lease the trusts and uses to which the territorial lands granted or leased thereby are subject; (d) set apart and appropriate such areas or lands as may be necessary (i) to enable the Government of Canada to fulfil its obligations under treaties with the Indians and to make free grants or leases for that purpose, or (ii) for any other purpose that the Governor in Council may consider to be conducive to the welfare of the Indians; (e) set apart and appropriate territorial lands for use as game preserves, game sanctuaries, bird sanctuaries, public shooting grounds, public resorts or for any other similar public purpose; (f) authorize the acquisition by any railway, power company or pipeline company, on and subject to such terms and conditions as may be deemed proper, of a right-of-way for a road bed, for transmission lines or for pipelines through territorial lands together with such other territorial lands as may be deemed necessary for stations, station grounds, workshops, buildings, yards, pumps, tanks, reservoirs or other appurtenances in connection therewith; (g) divide territorial lands into mining districts and land districts; (h) make regulations or orders with respect to any question affecting territorial lands under which persons designated in the regulations or orders may inquire into such a question and may, for the purposes of the inquiry, summon and bring before them any person whose attendance they consider necessary to the inquiry, examine that person under oath, compel the production of documents and do all things necessary to provide a full and proper inquiry; (i) prescribe a tariff of fees for copies of maps, plans, field notes, documents, papers and other records pertaining to territorial lands, and for the preparation of documents evidencing a sale, lease or other disposition of territorial lands and for the registration of any documents pertaining to territorial lands; Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Powers of the Governor in Council Sections 23-27 (j) make regulations respecting the protection, control and use of the surface of territorial lands; (k) prescribe the form of the notification that may be issued pursuant to section 9 and the fee for the issue thereof; and (l) make such orders and regulations as are deemed necessary to carry out the purposes and provisions of this Act. R.S., 1985, c. T-7, s. 23; 1992, c. 1, s. 144(F); 1994, c. 26, s. 68; 2002, c. 7, s. 246. Publication in the Canada Gazette 24 A copy of (a) each order setting apart and appropriating any territorial lands as a land management zone that the Governor in Council proposes to make under section 4, and (b) each regulation or amendment to a regulation that the Governor in Council proposes to make under section 5 or paragraph 23(j), shall be published in the Canada Gazette and a reasonable opportunity shall be afforded to all interested persons to make representations to the Minister with respect thereto. R.S., c. 48(1st Supp.), s. 26. General Effect of receipt 25 A receipt for payment made on the filing of an application to purchase or lease land does not entitle the person making the payment to take, occupy or use the land described in the receipt. R.S., c. T-6, s. 20. Execution of documents 26 Any lease, agreement, licence, permit or notice of cancellation issued or made pursuant to this Act and any consent to any assignment of any such lease, agreement, licence or permit may be executed on behalf of the Crown by the Minister, the Deputy Minister or by any other officer of the Department authorized in writing for the purpose by the Minister. R.S., c. T-6, s. 21. Interest 27 Whenever interest is payable under or by virtue of this Act or for or on account of any claim, matter or thing Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands General Sections 27-31 arising under any provision of this Act, the rate of interest shall be five per cent per annum, whether that interest is payable under the terms of any sealed or unsealed instrument or not. R.S., c. T-6, s. 22. Forms 28 The Minister may prescribe forms of leases, agreements of sale, licences and other documents required for use under this Act, but not including instruments issued under the Great Seal. R.S., c. T-6, s. 23. Government employees 29 (1) Except by or under the authority of an order of the Governor in Council, no officer or employee of or under the Government of Canada shall (a) directly or indirectly, in his own name or in the name of any other person, purchase or acquire any territorial land or any interest therein; or (b) be interested as shareholder or otherwise in any corporation that purchases, acquires or holds any territorial land or any interest therein. Order of Governor in Council (2) An order of the Governor in Council made under subsection (1) that relates to any interest as shareholder or otherwise in a corporation may apply (a) to a particular interest in a particular corporation described in the order or to interests in a class or classes of corporations described therein; and (b) where the order so specifies, to a particular interest or to interests acquired before the making of the order. R.S., c. T-6, s. 24; 1974-75-76, c. 52, s. 1. Offence and punishment 30 (1) Every person who contravenes any provision of this Act or any regulation for which no other punishment is provided is guilty of an offence punishable on summary conviction. (2) [Repealed, 2002, c. 7, s. 247] R.S., 1985, c. T-7, s. 30; 2002, c. 7, s. 247. Deeming — subsequent offences 31 (1) For the purposes of subsections 7(1.1) and 21(1), a conviction for a particular offence under this Act is deemed to be a conviction for a second or subsequent offence if the court is satisfied that the offender has been Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands General Sections 31-33 previously convicted of a substantially similar offence under any Act of Parliament — or any Act of the legislature of a province — that relates to environmental or wildlife conservation or protection. Application (2) Subsection (1) applies only to previous convictions on indictment, to previous convictions on summary conviction and to previous convictions under any similar procedure under any Act of the legislature of a province. 2014, c. 2, s. 77. Administration and Enforcement Designation 32 (1) The Minister may designate persons or classes of persons as enforcement officers for the purposes of the administration and enforcement of this Act. Certificate of designation (2) An enforcement officer is to receive a certificate attesting to their designation and must, on request, present the certificate to any person appearing to be in charge of any place that the enforcement officer enters under subsection 33(1). 2014, c. 2, s. 77. Authority to enter 33 (1) An enforcement officer may, for a purpose related to verifying compliance with this Act, enter any place in which the enforcement officer has reasonable grounds to believe there is any document, information or other thing to which this Act applies. Powers on entry (2) The enforcement officer may, for that purpose, (a) examine any document, information or other thing that is in the place and open or cause to be opened any container or other thing; (b) test or cause to be tested anything that is in the place; (c) take samples of anything that is in the place; (d) use, or cause to be used, any computer system in the place to examine any information contained in or available to the system; Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administration and Enforcement Sections 33-34 (e) reproduce, or cause to be reproduced, any information in the form of a printout, or other intelligible output, and remove the printout, or other output, for examination or copying; (f) use, or cause to be used, any copying equipment or means of telecommunication at the place; (g) take photographs and make recordings or sketches; (h) order the owner or person in charge of the place or any person at the place to establish their identity to the enforcement officer’s satisfaction or to stop or start an activity; (i) order the owner or person having possession, care or control of anything that is in the place to not move it, or to restrict its movement, for as long as, in the enforcement officer’s opinion, is necessary; (j) direct any person to put any machinery, vehicle or equipment that is in the place into operation or to cease operating it; and (k) prohibit or limit access to all or part of the place. Duty to assist (3) The owner or person in charge of the place and every person in the place must give all assistance that is reasonably required to enable the enforcement officer to perform their functions under this section and must provide any documents or information, and access to any data, that are reasonably required for that purpose. Enforcement officer may be accompanied (4) The enforcement officer may be accompanied by any other person that they believe is necessary to help them perform their functions under this section. Dwelling-place (5) An enforcement officer must not enter any place designed to be used and being used as a permanent or temporary private dwelling-place. 2014, c. 2, s. 77. Private property 34 An enforcement officer and any person accompanying them may enter private property, other than a Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administration and Enforcement Sections 34-36 dwelling-place, and pass through it in order to gain entry to any place referred to in subsection 33(1). 2014, c. 2, s. 77. False or misleading information 35 (1) A person must not knowingly make a false or misleading statement or provide false or misleading information, in connection with any matter under this Act, to an enforcement officer who is performing their functions under section 33. Obstruction or hindrance (2) A person must not obstruct or hinder an enforcement officer who is performing their functions under section 33. 2014, c. 2, s. 77. Administrative Monetary Penalties Regulations Regulations 36 (1) The Minister may, with the approval of the Governor in Council, make regulations for the purposes of sections 37 to 55, including regulations (a) designating as a violation that may be proceeded with in accordance with this Act (i) the contravention of any specified provision of this Act or of its regulations, (ii) the contravention of any order, direction or decision — or of any order, direction or decision of a specified class — made under this Act, or (iii) the failure to comply with a term or condition of any permit or licence — or of any permit or licence of a specified class — issued under this Act; (b) respecting the determination of or the method of determining the amount payable as the penalty, which may be different for individuals and other persons, for each violation; (c) establishing the form and content of notices of violations; (d) respecting the service of documents required or authorized under this Act, including the manner and proof of service and the circumstances under which documents are considered to be served; and Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administrative Monetary Penalties Regulations Sections 36-39 (e) respecting reviews by the Minister in respect of a notice of violation. Maximum amount of penalty (2) The amount that may be determined under any regulations made under paragraph (1)(b) as the penalty for each violation must not be more than $25,000, in the case of an individual, and $100,000 in the case of any other person. 2014, c. 2, s. 77. Violations Who may issue notices 37 Persons who are designated as enforcement officers under section 32 are authorized to issue notices of violation. 2014, c. 2, s. 77. Commission of violation 38 (1) Every person who contravenes or fails to comply with a provision, order, direction, decision, term or condition designated under paragraph 36(1)(a) commits a violation and is liable to a penalty in the amount that is determined in accordance with the regulations. Purpose of penalty (2) The purpose of the penalty is to promote compliance with this Act and not to punish. 2014, c. 2, s. 77. Liability of directors, officers, etc. 39 If a corporation commits a violation, any director, officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the violation is a party to the violation and is liable to a penalty in the amount that is determined in accordance with the regulations, whether or not the corporation has been proceeded against in accordance with this Act. 2014, c. 2, s. 77. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administrative Monetary Penalties Violations Sections 40-42 Proof of violation 40 In any proceedings under this Act against a person in relation to a violation, it is sufficient proof of the violation to establish that it was committed by an employee or agent of the person, whether or not the employee or agent is identified or proceeded against in accordance with this Act. 2014, c. 2, s. 77. Issuance and service of notice of violation 41 (1) If an enforcement officer believes on reasonable grounds that a person has committed a violation, the enforcement officer may issue a notice of violation and cause it to be served on the person. Contents (2) The notice of violation must (a) name the person that is believed to have committed the violation; (b) set out the relevant facts surrounding the violation; (c) set out the amount of the penalty; (d) inform the person of their right to request a review with respect to the violation or the amount of the penalty, and of the period within which that right must be exercised; (e) inform the person of the time and manner of paying the penalty; and (f) inform the person that, if they do not pay the penalty or exercise their right referred to in paragraph (d), they are considered to have committed the violation and are liable to the penalty. 2014, c. 2, s. 77. Rules About Violations Certain defences not available 42 (1) A person named in a notice of violation does not have a defence by reason that the person (a) exercised due diligence to prevent the commission of the violation; or (b) reasonably and honestly believed in the existence of facts that, if true, would exonerate the person. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administrative Monetary Penalties Rules About Violations Sections 42-47 Common law principles (2) Every rule and principle of the common law that renders any circumstance a justification or excuse in relation to a charge for an offence under this Act applies in respect of a violation to the extent that it is not inconsistent with this Act. 2014, c. 2, s. 77. Continuing violation 43 A violation that is committed or continued on more than one day constitutes a separate violation for each day on which it is committed or continued. 2014, c. 2, s. 77. Violation or offence 44 (1) Proceeding with any act or omission as a violation under this Act precludes proceeding with it as an offence under this Act, and proceeding with it as an offence under this Act precludes proceeding with it as a violation under this Act. Violations not offences (2) For greater certainty, a violation is not an offence and, accordingly, section 126 of the Criminal Code does not apply in respect of a violation. 2014, c. 2, s. 77. Limitation period 45 No notice of violation is to be issued more than two years after the day on which the Minister becomes aware of the acts or omissions that constitute the alleged violation. 2014, c. 2, s. 77. Reviews Right to request review 46 A person who is served with a notice of violation may — within 30 days after the day on which it is served or within any longer period that is prescribed by the regulations — make a request to the Minister for a review of the amount of the penalty or the facts of the violation, or both. 2014, c. 2, s. 77. Correction or cancellation of notice of violation 47 At any time before a request for a review in respect of a notice of violation is received by the Minister, an enforcement officer may cancel the notice of violation or correct an error in it. 2014, c. 2, s. 77. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administrative Monetary Penalties Reviews Sections 48-52 Review 48 On receipt of a request for a review in respect of a notice of violation, the Minister shall conduct the review. 2014, c. 2, s. 77. Object of review 49 (1) The Minister shall determine, as the case may be, whether the amount of the penalty was determined in accordance with the regulations or whether the person committed the violation, or both. Determination (2) The Minister shall render a determination in writing and cause the person who requested the review to be served with a copy of the determination and the reasons for it. Correction of penalty (3) If the Minister determines that the amount of the penalty was not determined in accordance with the regulations, the Minister shall correct it. Responsibility (4) If the Minister determines that the person who requested the review committed the violation, that person is liable to the penalty as set out in the determination. Determination final (5) A determination made under this section is final and binding and, except for judicial review under the Federal Courts Act, is not subject to appeal or to review by any court. 2014, c. 2, s. 77. Burden of proof 50 If the facts of a violation are reviewed, the enforcement officer who issued the notice of violation shall establish, on a balance of probabilities, that the person named in it committed the violation identified in it. 2014, c. 2, s. 77. Responsibility Payment 51 If a person pays the penalty set out in a notice of violation, the person is considered to have committed the violation and proceedings in respect of it are ended. 2014, c. 2, s. 77. Failure to act 52 A person that neither pays the penalty within the period set out in the notice of violation — nor requests a Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands Administrative Monetary Penalties Responsibility Sections 52-55 review within the period referred to in section 46 — is considered to have committed the violation and is liable to the penalty. 2014, c. 2, s. 77. Recovery of Penalties Debts to Her Majesty 53 (1) A penalty constitutes a debt due to Her Majesty in right of Canada and may be recovered in any court of competent jurisdiction. Limitation period (2) No proceedings to recover the debt are to be instituted more than five years after the day on which the debt becomes payable. 2014, c. 2, s. 77. Certificate 54 (1) The Minister may issue a certificate of non-payment certifying the unpaid amount of any debt referred to in subsection 53(1). Registration (2) Registration in any court of competent jurisdiction of a certificate of non-payment has the same effect as a judgment of that court for a debt of the amount specified in the certificate and all related registration costs. 2014, c. 2, s. 77. General Authenticity of documents 55 In the absence of evidence to the contrary, a document that appears to be a notice issued under subsection 41(1) is presumed to be authentic and is proof of its contents in any proceeding in respect of a violation. 2014, c. 2, s. 77. Current to June 20, 2022 Last amended on July 15, 2019 Territorial Lands RELATED PROVISIONS RELATED PROVISIONS — 1991, c. 2, s. 4 Presumption 4 (1) Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act, as those provisions read from time to time, that is in force on February 13, 1990 shall be deemed to continue in force on and after that day as if it were made under section 98 of the Yukon Placer Mining Act, as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be. Idem (2) Every order made under section 98 of the Yukon Placer Mining Act or under that section and paragraph 23(a) of the Territorial Lands Act that comes into force after February 13, 1990 and is in force on the coming into force of this section shall be deemed to have come into force as if it were made under section 98 of the Yukon Placer Mining Act, as enacted by section 2 of this Act, or under that section, as so enacted, and that paragraph, as the case may be. — 1991, c. 2, s. 5 Idem 5 Every order made under paragraph 23(a) or (d) of the Territorial Lands Act, section 98 of the Yukon Placer Mining Act or any combination thereof, as those provisions read from time to time, respecting lands in the Yukon Territory that is in force on the coming into force of this section shall, for so long as the order remains in force, be deemed to be a reservation of those lands, within the meaning of subsection 14(1) of the Yukon Quartz Mining Act, made by the Government of Canada on the later of February 13, 1990 and the day on which the order came into force. Current to June 20, 2022 Last amended on July 15, 2019

CONSOLIDATION Supreme Court Act R.S.C., 1985, c. S-26 Current to June 20, 2022 Last amended on December 18, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 18, 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 December 18, 2019 TABLE OF PROVISIONS An Act respecting the Supreme Court of Canada Short Title 1 Short title Interpretation 2 Definitions The Court 3 Original Court continued The Judges 4 Constitution of Court Who may be appointed judges 5.1 For greater certainty Three judges from Quebec 6.1 For greater certainty No other office to be held Residence Tenure of office Oath of office How administered The Registrar and Other Officers 12 Appointment of Registrar and Deputy Registrar Tenure and salary Office and residence Functions of Registrar Library Reports Jurisdiction as judge in chambers Duties of Deputy Registrar Public Service Employment Act and Public Service Superannuation Act Sheriff Current to June 20, 2022 Last amended on December 18, 2019 ii Supreme Court TABLE OF PROVISIONS Barristers, Advocates, Attorneys and Solicitors 22 Barristers or advocates Attorneys or solicitors Officers of the Court Sessions and Quorum 25 Quorum of judges Delivery of judgment Opinion of absent judge When a judge may not sit Four judges a quorum by consent Appointment of ad hoc judge Admiralty appeal Three sessions Power to adjourn Court may be convened at any time Appellate Jurisdiction 35 Jurisdiction throughout Canada 35.1 Inter-governmental disputes Appeals from references by lieutenant governor in council Appeals with leave of provincial court 37.1 Appeal with leave of Federal Court of Appeal Appeals per saltum Exceptions Appeals with leave of Supreme Court Appeals under other Acts No appeal from discretionary orders Applications for leave to appeal Judgments 44 Quashing proceedings in certain cases Appeal may be dismissed or judgment given New trial may be ordered 46.1 Appeal may be remanded Costs 47 Payment of costs Current to June 20, 2022 Last amended on December 18, 2019 iv Supreme Court TABLE OF PROVISIONS Amendments 48 Necessary amendments Conditions Interest 50 Interest Certificate of Judgment 51 Judgment to be carried out by court below Judgment Final and Conclusive 52 Exclusive ultimate appellate jurisdiction Special Jurisdiction References by Governor in Council 53 Referring certain questions for opinion References by Senate or House of Commons 54 Report on private bill or petition Certiorari 55 Writ of certiorari Procedure in Appeals The Appeal 56 Proceedings in appeal Limited appeal Time periods for appeals Extension of time for appeal Procedure on appeal When error in law alleged Appeal to be on a stated case Transmission of record Exceptions Stay of Execution 65 Stay of execution 65.1 Stay of execution — application for leave to appeal Fiat to sheriff when security deposited Money levied and not paid over before fiat Perishable property Current to June 20, 2022 Last amended on December 18, 2019 v Supreme Court TABLE OF PROVISIONS Discontinuance of Proceedings 69 Notice Consent to Reversal of Judgment 70 Consent to reversal Dismissal for Delay 71 Dismissal for delay to proceed Death of Parties 72 Death of one of several appellants Death of sole appellant or all appellants Death of one of several respondents If suggestion of death untrue Death of sole respondent or all respondents Death of party where judgment against deceased Death of party where judgment in favour of deceased Entry of Causes 79 Entry of appeals and order of hearing Evidence 80 Affidavits Appointment of commissioners How affidavits, declarations or affirmations may be made outside Canada No proof required of signature or seal of commissioner Informality not an objection Examination on interrogatories or by commission Duty of persons taking such examination Further examination Notice to adverse party Neglect or refusal to attend Effect of consent of parties to examination of witness Examinations taken in Canada Examinations taken outside Canada Reading of examination General 94 Process of the Court Further powers of commissioners Orders for payment of money Current to June 20, 2022 Last amended on December 18, 2019 v Supreme Court TABLE OF PROVISIONS Judges may make rules and orders Payment of costs due to or by Crown Crown entitled to costs notwithstanding solicitor or counsel salaried officer Fees payable Current to June 20, 2022 Last amended on December 18, 2019 vi R.S.C., 1985, c. S-26 An Act respecting the Supreme Court of Canada Short Title Short title 1 This Act may be cited as the Supreme Court Act. R.S., c. S-19, s. 1. Interpretation Definitions 2 (1) In this Act, appeal includes any proceeding to set aside or vary any judgment of the court appealed from; (appel) Court means the Supreme Court of Canada continued by section 3; (Cour suprême ou Cour) court appealed from means the court from which the appeal is brought directly to the Supreme Court, whether that court is one of original jurisdiction or a court of appeal; (juridiction inférieure) final judgment means any judgment, rule, order or decision that determines in whole or in part any substantive right of any of the parties in controversy in any judicial proceeding; (jugement définitif) judge means a judge of the Court and includes the Chief Justice; (juge) judgment, when used with reference to the court appealed from, includes any judgment, rule, order, decision, decree, decretal order or sentence thereof, and when used with reference to the Supreme Court, includes any judgment or order of that Court; (jugement) judicial proceeding includes any action, suit, cause, matter or other proceeding in disposing of which the court appealed from has not exercised merely a Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Interpretation Sections 2-5.1 regulative, administrative or executive jurisdiction; (procédure judiciaire) Registrar means the Registrar of the Court; (registraire) Supreme Court has the meaning given in this section to “Court”; (Cour suprême ou Cour) witness means any person, whether a party or not, to be examined under this Act. (témoin) Application to the territories (2) For the purposes of this Act, the expression “highest court of final resort in a province” includes, in Yukon, the Northwest Territories or Nunavut, the Court of Appeal of that territory. R.S., 1985, c. S-26, s. 2; 1993, c. 28, s. 78; 2002, c. 7, s. 237(E). The Court Original Court continued 3 The court of law and equity in and for Canada now existing under the name of the Supreme Court of Canada is hereby continued under that name, as a general court of appeal for Canada, and as an additional court for the better administration of the laws of Canada, and shall continue to be a court of record. R.S., 1985, c. S-26, s. 3; 1993, c. 34, s. 115(F). The Judges Constitution of Court 4 (1) The Court shall consist of a chief justice to be called the Chief Justice of Canada, and eight puisne judges. Appointment of judges (2) The judges shall be appointed by the Governor in Council by letters patent under the Great Seal. R.S., c. S-19, s. 4. Who may be appointed judges 5 Any person may be appointed a judge who is or has been a judge of a superior court of a province or a barrister or advocate of at least ten years standing at the bar of a province. R.S., c. S-19, s. 5. For greater certainty 5.1 For greater certainty, for the purpose of section 5, a person may be appointed a judge if, at any time, they Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court The Judges Sections 5.1-11 were a barrister or advocate of at least 10 years standing at the bar of a province. 2013, c. 40, s. 471. Three judges from Quebec 6 At least three of the judges shall be appointed from among the judges of the Court of Appeal or of the Superior Court of the Province of Quebec or from among the advocates of that Province. R.S., c. S-19, s. 6; 1974-75-76, c. 19, s. 2. For greater certainty 6.1 For greater certainty, for the purpose of section 6, a judge is from among the advocates of the Province of Quebec if, at any time, they were an advocate of at least 10 years standing at the bar of that Province. 2013, c. 40, s. 472. No other office to be held 7 No judge shall hold any other office of emolument under the Government of Canada or the government of a province. R.S., c. S-19, s. 7. Residence 8 The judges shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof. R.S., c. S-19, s. 8; 1974-75-76, c. 18, s. 1; 1976-77, c. 25, s. 19. Tenure of office 9 (1) Subject to subsection (2), the judges hold office during good behaviour, but are removable by the Governor General on address of the Senate and House of Commons. Cessation of office (2) A judge shall cease to hold office on attaining the age of seventy-five years. R.S., c. S-19, s. 9. Oath of office 10 Every judge shall, before entering on the duties of the office of judge, take an oath in the following form: I, ..........., do solemnly and sincerely promise and swear that I will duly and faithfully, and to the best of my skill and knowledge, execute the powers and trusts reposed in me as Chief Justice (oras one of the judges) of the Supreme Court of Canada. So help me God. R.S., c. S-19, s.10. How administered 11 The oath referred to in section 10 shall be administered to the Chief Justice before the Governor General in Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court The Judges Sections 11-16 Council, and to the puisne judges by the Chief Justice or, in the case of absence or illness of the Chief Justice, by any other judge present at Ottawa. R.S., 1985, c. S-26, s. 11; 1993, c. 34, s. 116(F). The Registrar and Other Officers Appointment of Registrar and Deputy Registrar 12 (1) The Governor in Council may by instruments under the Great Seal appoint fit and proper persons, being barristers or advocates of at least five years standing, to be Registrar of the Supreme Court and Deputy Registrar of the Supreme Court respectively. Staff (2) Such other officers, clerks and employees as are required for the purposes of the Court shall be appointed under the Public Service Employment Act. R.S., c. S-19, s. 12. Tenure and salary 13 (1) The Registrar and Deputy Registrar shall be appointed to hold office during pleasure and shall each be paid a salary to be fixed by the Governor in Council. Duties (2) The Registrar and Deputy Registrar shall devote their full time to their respective positions and shall not receive any pay, fee or allowances in any form in excess of the amount provided under subsection (1). R.S., c. S-19, s. 13. Office and residence 14 The Registrar shall keep an office in the city of Ottawa and the Registrar and Deputy Registrar shall reside in the National Capital Region described in the schedule to the National Capital Act or within forty kilometres thereof. R.S., c. S-19, s. 14; 1974-75-76, c. 18, s. 2; 1976-77, c. 25, s. 20. Functions of Registrar 15 Subject to the direction of the Chief Justice, the Registrar shall superintend the officers, clerks and employees appointed to the Court. R.S., c. S-19, s. 15; 1976-77, c. 25, s. 20. Library 16 The Registrar shall, under the supervision of the Chief Justice, manage and control the library of the Court and the purchase of all books therefor. R.S., c. S-19, s. 16; 1976-77, c. 25, s. 20. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court The Registrar and Other Officers Sections 17-23 Reports 17 The Registrar or the Deputy Registrar, as the Chief Justice directs, shall report and publish the judgments of the Court. R.S., c. S-19, s. 17; 1976-77, c. 25, s. 20. Jurisdiction as judge in chambers 18 The Registrar has such authority to exercise the jurisdiction of a judge sitting in chambers as may be conferred on the Registrar by general rules or orders made under this Act. R.S., c. S-19, s. 18. Duties of Deputy Registrar 19 The Deputy Registrar shall exercise and perform such of the powers and duties of the Registrar as are assigned to the Deputy Registrar by the Registrar, and may exercise and perform all the powers and duties of the Registrar in the event that the Registrar is absent or unable to act or the office of Registrar is vacant. R.S., c. S-19, s. 19. Public Service Employment Act and Public Service Superannuation Act 20 The Public Service Employment Act and the Public Service Superannuation Act, in so far as applicable, extend and apply to the Registrar and Deputy Registrar. R.S., c. S-19, s. 20. Sheriff 21 The Sheriff of the County of Carleton, in the Province of Ontario, is ex officio an officer of the Court and shall perform the duties and functions of a sheriff in connection therewith. R.S., c. S-19, s. 21. Barristers, Advocates, Attorneys and Solicitors Barristers or advocates 22 All persons who are barristers or advocates in a province may practise as barristers, advocates and counsel in the Court. R.S., c. S-19, s. 22. Attorneys or solicitors 23 All persons who are attorneys or solicitors of the superior courts in a province may practise as attorneys, solicitors and proctors in the Court. R.S., c. S-19, s. 23. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Barristers, Advocates, Attorneys and Solicitors Sections 24-27 Officers of the Court 24 All persons who may practise as barristers, advocates, counsel, attorneys, solicitors or proctors in the Court are officers of the Court. R.S., c. S-19, s. 24. Sessions and Quorum Quorum of judges 25 Any five of the judges of the Court shall constitute a quorum and may lawfully hold the Court. R.S., c. S-19, s. 25. Delivery of judgment 26 (1) A judgment of the Supreme Court may be delivered (a) in open court; or (b) by depositing with the Registrar, for each judge who has heard the case, a written opinion, a copy, signed by the judge, of the written opinion with which the judge concurs or a statement certifying the judge’s concurrence. Idem (2) Where a judgment is delivered pursuant to paragraph (1)(a), a majority of the judges who have heard the case shall be present. R.S., 1985, c. S-26, s. 26; R.S., 1985, c. 34 (3rd Supp.), s. 1. Opinion of absent judge 27 (1) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(a) and who is absent from the delivery of judgment may sign a copy of the opinion with which the judge concurs or, where the judge has written an opinion, give the opinion to a judge present at the delivery of judgment, which concurrence or opinion shall be announced or read in open court and then left with the Registrar or reporter of the Court. Opinion of judge who is retired or ceases to hold office (2) A judge who has resigned the office of judge, or who has ceased to hold office under section 9, shall, within six months thereafter, for the purposes of this section, be deemed to be absent at the delivery of judgment in any case heard by that judge in which judgment has not been delivered during his tenure of office. Concurrence (3) A judge who has heard a case for which judgment is delivered pursuant to paragraph 26(1)(b) and who has Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Sessions and Quorum Sections 27-30 not written an opinion may sign and deposit with the Registrar a copy of the opinion with which the judge concurs or a statement certifying concurrence with an opinion. Notice of deposit of judgment (4) Where judgment is delivered in a case pursuant to paragraph 26(1)(b), the Registrar shall send notices of the deposit of judgment to the solicitors of record for the case or their agents. R.S., 1985, c. S-26, s. 27; R.S., 1985, c. 34 (3rd Supp.), s. 2. When a judge may not sit 28 (1) No judge against whose judgment an appeal is brought, or who took part in the trial of the cause or matter, or in the hearing in a court below, shall sit or take part in the hearing of or adjudication on the proceedings in the Supreme Court. Quorum in such case (2) In any cause or matter in which a judge is unable to sit or take part in consequence of this section, any four of the other judges constitute a quorum and may lawfully hold the Court. R.S., c. S-19, s. 28. Four judges a quorum by consent 29 Any four judges constitute a quorum and may lawfully hold the Court in cases where the parties consent to be heard before a court so composed. R.S., c. S-19, s. 29. Appointment of ad hoc judge 30 (1) Where at any time there is not a quorum of the judges available to hold or continue any session of the Court, owing to a vacancy or vacancies, or to the absence through illness or on leave or in the discharge of other duties assigned by statute or order in council, or to the disqualification of a judge or judges, the Chief Justice of Canada, or in the absence of the Chief Justice, the senior puisne judge, may in writing request the attendance at the sittings of the Court, as an ad hoc judge, for such period as may be necessary, (a) of a judge of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada; or (b) if the judges of the Federal Court of Appeal, the Federal Court or the Tax Court of Canada are absent from Ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Sessions and Quorum Sections 30-31 being made to that acting chief justice or that senior puisne judge in writing. Quebec appeals (2) Unless two of the judges available fulfil the requirements of section 6, the ad hoc judge for the hearing of an appeal from a judgment rendered in the Province of Quebec shall be a judge of the Court of Appeal or a judge of the Superior Court of that Province designated in accordance with subsection (1). Evidence of appointment (3) A duplicate of the requisition of the Chief Justice or senior puisne judge and, where a judge of a provincial court is designated to act, the letter designating that judge shall be filed with the Registrar and is conclusive evidence of the authority of the judge named therein to act under this section. Duties (4) It is the duty of the judge whose attendance has been so requested or who has been so designated, in priority to other duties of the office of that judge, to attend the sittings of the Court at the time and for the period for which his attendance is required, and while so attending that judge possesses the powers and privileges and shall discharge the duties of a puisne judge of the Court. Travel allowance (5) An ad hoc judge who attends at sittings of the Court or any conference of the judges called for the consideration of judgments in cases in which that judge sat shall be paid his travel expenses and shall receive an allowance for living expenses for each day that that judge is necessarily absent from his place of residence, as provided by the Judges Act. Delivery of judgment (6) In any case in which judgment is not delivered while an ad hoc judge is attending the sittings of the Court or a conference of the judges, the opinion of that judge shall be delivered as provided by section 27. R.S., 1985, c. S-26, s. 30; 2002, c. 8, s. 175. Admiralty appeal 31 (1) The Court may, in any Admiralty appeal, in which it may think it expedient to do so, call in the aid of one or more assessors specially qualified and try and hear that appeal, wholly or partially with the assistance of those assessors. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Sessions and Quorum Sections 31-35 Remuneration of assessors (2) The remuneration, if any, to be paid to the assessors referred to in subsection (1) shall be determined by the Court. R.S., c. S-19, s. 31. Three sessions 32 (1) The Court, for the purpose of hearing and determining appeals, shall hold, in each year, in the city of Ottawa, three sessions. Dates of sessions (2) The first session shall begin on the fourth Tuesday in January, the second on the fourth Tuesday in April and the third on the first Tuesday in October, in each year. Dates may be varied (3) The dates in subsection (2), fixed for the beginning of each session, may be varied by the Governor in Council, or by the Court, if notice is given in the Canada Gazette not less than four weeks before the date that may be fixed for the beginning of any session. Length (4) Each session shall be continued until the business before the Court is disposed of. R.S., c. S-19, s. 32. Power to adjourn 33 The Court may adjourn any session from time to time and meet again at the time appointed for the transaction of business. R.S., c. S-19, s. 33. Court may be convened at any time 34 The Court may be convened at any time by the Chief Justice or, in the event of the absence or illness of the Chief Justice, by the senior puisne judge, in such manner as is prescribed by the rules of Court. R.S., c. S-19, s. 34. Appellate Jurisdiction Jurisdiction throughout Canada 35 The Court shall have and exercise an appellate, civil and criminal jurisdiction within and throughout Canada. R.S., c. S-19, s. 35. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Appellate Jurisdiction Sections 35.1-38 Inter-governmental disputes 35.1 An appeal lies to the Court from a decision of the Federal Court of Appeal in the case of a controversy between Canada and a province or between two or more provinces. 1990, c. 8, s. 33. Appeals from references by lieutenant governor in council 36 An appeal lies to the Court from an opinion pronounced by the highest court of final resort in a province on any matter referred to it for hearing and consideration by the lieutenant governor in council of that province whenever it has been by the statutes of that province declared that such opinion is to be deemed a judgment of the highest court of final resort and that an appeal lies therefrom as from a judgment in an action. R.S., c. S-19, s. 37. Appeals with leave of provincial court 37 Subject to sections 39 and 42, an appeal to the Supreme Court lies with leave of the highest court of final resort in a province from a final judgment of that court where, in the opinion of that court, the question involved in the appeal is one that ought to be submitted to the Supreme Court for decision. R.S., c. S-19, s. 38. Appeal with leave of Federal Court of Appeal 37.1 Subject to sections 39 and 42, an appeal to the Court lies with leave of the Federal Court of Appeal from a final judgment of the Federal Court of Appeal where, in its opinion, the question involved in the appeal is one that ought to be submitted to the Court for decision. 1990, c. 8, s. 34. Appeals per saltum 38 Subject to sections 39 and 42, an appeal to the Supreme Court lies on a question of law alone with leave of that Court, from a final judgment of the Federal Court or of a court of a province other than the highest court of final resort therein, the judges of which are appointed by the Governor General, pronounced in a judicial proceeding where an appeal lies to the Federal Court of Appeal or to that highest court of final resort, if the consent in writing of the parties or their solicitors, verified by affidavit, is filed with the Registrar of the Supreme Court and with the registrar, clerk or prothonotary of the court from which the appeal is to be taken. R.S., 1985, c. S-26, s. 38; 1990, c. 8, s. 35; 2002, c. 8, s. 183. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Appellate Jurisdiction Sections 39-41 Exceptions 39 No appeal to the Court lies under section 37, 37.1 or 38 from a judgment in a criminal cause, in proceedings for or on (a) a writ of habeas corpus, certiorari or prohibition arising out of a criminal charge; or (b) a writ of habeas corpus arising out of a claim for extradition made under a treaty. R.S., 1985, c. S-26, s. 39; 1990, c. 8, s. 36. Appeals with leave of Supreme Court 40 (1) Subject to subsection (3), an appeal lies to the Supreme Court from any final or other judgment of the Federal Court of Appeal or of the highest court of final resort in a province, or a judge thereof, in which judgment can be had in the particular case sought to be appealed to the Supreme Court, whether or not leave to appeal to the Supreme Court has been refused by any other court, where, with respect to the particular case sought to be appealed, the Supreme Court is of the opinion that any question involved therein is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in that question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it, and leave to appeal from that judgment is accordingly granted by the Supreme Court. Application for leave (2) An application for leave to appeal under this section shall be brought in accordance with paragraph 58(1)(a). Appeals in respect of offences (3) No appeal to the Court lies under this section from the judgment of any court acquitting or convicting or setting aside or affirming a conviction or acquittal of an indictable offence or, except in respect of a question of law or jurisdiction, of an offence other than an indictable offence. Extending time for allowing appeal (4) Whenever the Court has granted leave to appeal, the Court or a judge may, notwithstanding anything in this Act, extend the time within which the appeal may be allowed. R.S., 1985, c. S-26, s. 40; R.S., 1985, c. 34 (3rd Supp.), s. 3; 1990, c. 8, s. 37. Appeals under other Acts 41 Notwithstanding anything in this Act, the Court has jurisdiction as provided in any other Act conferring jurisdiction. R.S., c. S-19, s. 42. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Appellate Jurisdiction Sections 42-43 No appeal from discretionary orders 42 (1) No appeal lies to the Court from a judgment or order made in the exercise of judicial discretion except in proceedings in the nature of a suit or proceeding in equity originating elsewhere than in the Province of Quebec and except in mandamus proceedings. Exception (2) This section does not apply to an appeal under section 40. R.S., 1985, c. S-26, s. 42; 1993, c. 34, s. 117(F). Applications for leave to appeal 43 (1) Notwithstanding any other Act of Parliament but subject to subsection (1.2), an application to the Supreme Court for leave to appeal shall be made to the Court in writing and the Court shall (a) grant the application if it is clear from the written material that it does not warrant an oral hearing and that any question involved is, by reason of its public importance or the importance of any issue of law or any issue of mixed law and fact involved in the question, one that ought to be decided by the Supreme Court or is, for any other reason, of such a nature or significance as to warrant decision by it; (b) dismiss the application if it is clear from the written material that it does not warrant an oral hearing and that there is no question involved as described in paragraph (a); and (c) order an oral hearing to determine the application, in any other case. Remand of case (1.1) Notwithstanding subsection (1), the Court may, in its discretion, remand the whole or any part of the case to the court appealed from or the court of original jurisdiction and order any further proceedings that would be just in the circumstances. Mandatory oral hearing (1.2) On the request of the applicant, an oral hearing shall be ordered to determine an application for leave to appeal to the Court from a judgment of a court of appeal setting aside an acquittal of an indictable offence and ordering a new trial if there is no right of appeal on a question of law on which a judge of the court of appeal dissents. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Appellate Jurisdiction Sections 43-46.1 Time for oral hearing (2) Where the court makes an order for an oral hearing, the oral hearing shall be held within thirty days after the date of the order or such further time as the Court determines. Quorum (3) Any three judges of the Court constitute a quorum for the consideration and determination of an application for leave to appeal, whether or not an oral hearing is ordered. Exception (4) Notwithstanding subsection (3), five judges of the Court constitute a quorum in the case of an application for leave to appeal from a judgment of a court (a) quashing a conviction of an offence punishable by death; or (b) dismissing an appeal against an acquittal of an offence punishable by death, including an acquittal in respect of a principal offence where the accused has been convicted of an offence included in the principal offence. R.S., 1985, c. S-26, s. 43; R.S., 1985, c. 34 (3rd Supp.), s. 4; 1990, c. 8, s. 38; 1994, c. 44, s. 98; 1997, c. 18, s. 138. Judgments Quashing proceedings in certain cases 44 The Court may quash proceedings in cases brought before it in which an appeal does not lie, or whenever such proceedings are taken against good faith. R.S., c. S-19, s. 46. Appeal may be dismissed or judgment given 45 The Court may dismiss an appeal or give the judgment and award the process or other proceedings that the court whose decision is appealed against should have given or awarded. R.S., c. S-19, s. 47. New trial may be ordered 46 On any appeal, the Court may, in its discretion, order a new trial if the ends of justice seem to require it, although a new trial is deemed necessary on the ground that the verdict is against the weight of evidence. R.S., c. S-19, s. 48. Appeal may be remanded 46.1 The Court may, in its discretion, remand any appeal or any part of an appeal to the court appealed from Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Judgments Sections 46.1-50 or the court of original jurisdiction and order any further proceedings that would be just in the circumstances. 1994, c. 44, s. 99. Costs Payment of costs 47 The Court may, in its discretion, order the payment of the costs of the court appealed from, of the court of original jurisdiction, and of the appeal, or any part thereof, whether the judgment is affirmed, or is varied or reversed. R.S., c. S-19, s. 49. Amendments Necessary amendments 48 (1) At any time during the pendency of an appeal before the Court, the Court may, on the application of any of the parties, or without any such application, make all such amendments as are necessary for the purpose of determining the appeal or the real question or controversy between the parties as disclosed by the pleadings, evidence or proceedings. At whose instance (2) An amendment referred to in subsection (1) may be made, whether the necessity for it is or is not occasioned by the defect, error, act, default or neglect of the party applying to amend. R.S., c. S-19, s. 50. Conditions 49 Every amendment shall be made on such terms as to payment of costs, postponing the hearing or otherwise as to the Court seem just. R.S., c. S-19, s. 51. Interest Interest 50 Unless otherwise ordered by the Court, a judgment of the Court bears interest at the rate and from the date applicable to the judgment in the same matter of the court of original jurisdiction or at the rate and from the date that would have been applicable to that judgment if it had included a monetary award. R.S., c. S-19, s. 52; 1974-75-76, c. 18, s. 7. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Certificate of Judgment Sections 51-53 Certificate of Judgment Judgment to be carried out by court below 51 The judgment of the Court in appeal shall be certified by the Registrar to the proper officer of the court of original jurisdiction, who shall make all proper and necessary entries thereof, and all subsequent proceedings may be taken thereon as if the judgment had been given or pronounced in the last mentioned court. R.S., c. S-19, s. 53. Judgment Final and Conclusive Exclusive ultimate appellate jurisdiction 52 The Court shall have and exercise exclusive ultimate appellate civil and criminal jurisdiction within and for Canada, and the judgment of the Court is, in all cases, final and conclusive. R.S., c. S-19, s. 54. Special Jurisdiction References by Governor in Council Referring certain questions for opinion 53 (1) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning (a) the interpretation of the Constitution Acts; (b) the constitutionality or interpretation of any federal or provincial legislation; (c) the appellate jurisdiction respecting educational matters, by the Constitution Act, 1867, or by any other Act or law vested in the Governor in Council; or (d) the powers of the Parliament of Canada, or of the legislatures of the provinces, or of the respective governments thereof, whether or not the particular power in question has been or is proposed to be exercised. Other questions (2) The Governor in Council may refer to the Court for hearing and consideration important questions of law or fact concerning any matter, whether or not in the opinion of the Court ejusdem generis with the enumerations contained in subsection (1), with reference to which the Governor in Council sees fit to submit any such question. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Special Jurisdiction References by Governor in Council Sections 53-54 Questions deemed important (3) Any question concerning any of the matters mentioned in subsections (1) and (2), and referred to the Court by the Governor in Council, shall be conclusively deemed to be an important question. Opinion of Court (4) Where a reference is made to the Court under subsection (1) or (2), it is the duty of the Court to hear and consider it and to answer each question so referred, and the Court shall certify to the Governor in Council, for his information, its opinion on each question, with the reasons for each answer, and the opinion shall be pronounced in like manner as in the case of a judgment on an appeal to the Court, and any judges who differ from the opinion of the majority shall in like manner certify their opinions and their reasons. Notice to be given to provinces interested (5) Where the question relates to the constitutional validity of any Act passed by the legislature of any province, or of any provision in any such Act, or in case, for any reason, the government of any province has any special interest in any such question, the attorney general of the province shall be notified of the hearing in order that the attorney general may be heard if he thinks fit. Notice to interested persons (6) The Court has power to direct that any person interested or, where there is a class of persons interested, any one or more persons as representatives of that class shall be notified of the hearing on any reference under this section, and those persons are entitled to be heard thereon. Appointment of counsel by Court (7) The Court may, in its discretion, request any counsel to argue the case with respect to any interest that is affected and with respect to which counsel does not appear, and the reasonable expenses thereby occasioned may be paid by the Minister of Finance out of any moneys appropriated by Parliament for expenses of litigation. R.S., c. S-19, s. 55. References by Senate or House of Commons Report on private bill or petition 54 The Court, or any two of the judges, shall examine and report on any private bill or petition for a private bill Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Special Jurisdiction References by Senate or House of Commons Sections 54-58 presented to the Senate or House of Commons and referred to the Court under any rules or orders made by the Senate or House of Commons. R.S., c. S-19, s. 56. Certiorari Writ of certiorari 55 A writ of certiorari may, by order of the Court or a judge, issue out of the Court to bring up any papers or other proceedings had or taken before any court, judge or justice of the peace, and that are considered necessary with a view to any inquiry, appeal or other proceeding had or to be had before the Court. R.S., c. S-19, s. 61. Procedure in Appeals The Appeal Proceedings in appeal 56 Proceedings on an appeal shall, when not otherwise provided for by this Act, the Act providing for the appeal or the general rules and orders of the Court, be in conformity with any order made, on application by a party to the appeal, by the Chief Justice or, in the absence of the Chief Justice, by the senior puisne judge present. R.S., c. S-19, s. 63; R.S., c. 44(1st Supp.), s. 5. Limited appeal 57 The appellant may appeal from the whole or any part of any judgment or order and, if the appellant intends to limit the appeal, the notice of appeal shall so specify. R.S., c. S-19, s. 64. Time periods for appeals 58 (1) Subject to this Act or any other Act of Parliament, the following provisions with respect to time periods apply to proceedings in appeals: (a) in the case of an appeal for which leave to appeal is required, the notice of application for leave to appeal and all materials necessary for the application shall be served on all other parties to the case and filed with the Registrar of the Court within sixty days after the date of the judgment appealed from; and (b) in the case of an appeal for which leave to appeal is not required or in the case of an appeal for which leave to appeal is required and has been granted, a notice of appeal shall be served on all other parties to the case and filed with the Registrar of the Court within Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals The Appeal Sections 58-60 thirty days after the date of the judgment appealed from or the date of the judgment granting leave, as the case may be. Computation of time periods (2) The month of July shall be excluded in the computation of a time period referred to in subsection (1). R.S., 1985, c. S-26, s. 58; R.S., 1985, c. 34 (3rd Supp.), s. 5; 1997, c. 18, s. 139. Extension of time for appeal 59 (1) Notwithstanding anything in this Act or any other Act of Parliament, the court proposed to be appealed from or any judge thereof or the Supreme Court or a judge thereof may under special circumstances, either before or after the expiration of a time period prescribed by section 58, extend that time period. Terms (2) Where a court or judge grants an extension of time under subsection (1), that court or judge shall impose such terms as to security or otherwise as seem proper under the circumstances. Non-application to election cases (3) This section does not apply to appeals under section 532 of the Canada Elections Act. Appeals in forma pauperis (4) Notwithstanding anything in this Act, a judge may, on an application for leave to appeal in forma pauperis, allow an appeal by giving the applicant leave to serve notice of appeal although the time prescribed by section 58 has expired. R.S., 1985, c. S-26, s. 59; R.S., 1985, c. 34 (3rd Supp.), s. 6; 2000, c. 9, s. 572. Procedure on appeal 60 (1) An appeal shall be brought, within the time prescribed by section 58 or allowed under section 59, by (a) serving a notice of appeal on all parties directly affected; and (b) depositing with the Registrar security to the value of five hundred dollars that the appellant will effectually prosecute the appeal and pay such costs and damages as may be awarded against the appellant by the Court. Approval of security (2) Where the security deposited is other than money, it shall be to the satisfaction of the court proposed to be appealed from or a judge thereof or to the satisfaction of the Supreme Court or a judge thereof. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals The Appeal Sections 60-63 Notice of security (3) Within seven days from the deposit of the security or, where subsection (2) applies, from the later of the deposit of the security and its approval as required by that subsection, the appellant shall notify all parties directly affected. Service and filing of notice of appeal (4) The notice of appeal with evidence of service thereof shall be filed with the Registrar and a copy of the notice shall be filed with the clerk or other proper officer of the court appealed from within twenty-one days from the time prescribed by section 58 or allowed under section 59. R.S., c. S-19, s. 66; R.S., c. 44(1st Supp.), s. 6. When error in law alleged 61 Whenever error in law is alleged, the proceedings in the Court shall be in the form of an appeal. R.S., c. 44(1st Supp.), s. 6. Appeal to be on a stated case 62 (1) An appeal shall be on a case to be stated by the parties or, in the event of difference, to be settled by the court appealed from or a judge thereof. Elements of case (2) The case shall set out the judgment objected to and so much of the pleadings, evidence, affidavits and documents as is necessary to raise the question for the decision of the Court. Further evidence (3) The Court or a judge may, in the discretion of the Court or the judge, on special grounds and by special leave, receive further evidence on any question of fact, such evidence to be taken in the manner authorized by this Act, either by oral examination, by affidavit or by deposition, as the Court or the judge may direct. R.S., 1985, c. S-26, s. 62; 1990, c. 8, s. 39. Transmission of record 63 The clerk or other proper officer of the court appealed from shall, on payment to that clerk or officer of the proper fees and expenses of transmission, transmit the case, as soon as may be after service on the clerk or officer of the notice of appeal, to the Registrar, and further proceedings shall thereupon be had according to the practice of the Supreme Court. R.S., c. S-19, s. 68. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals The Appeal Sections 64-65 Exceptions 64 The provisions of this Act requiring the deposit of security for costs do not apply to appeals by or on behalf of the Crown or in election cases, in cases in the Federal Court of Appeal or the Federal Court, in criminal cases or in proceedings for or on a writ of habeas corpus. R.S., 1985, c. S-26, s. 64; 2002, c. 8, s. 176. Stay of Execution Stay of execution 65 (1) On filing and serving the notice of appeal and depositing security as required by section 60, execution shall be stayed in the original cause, except that (a) where the judgment appealed from directs an assignment or delivery of documents or personal property, the execution of the judgment shall not be stayed until the things directed to be assigned or delivered have been brought into court, or placed in the custody of such officer or receiver as the court appoints, or until security has been given to the satisfaction of the court appealed from, or of a judge thereof, in such sum as that court or judge directs, that the appellant will obey the judgment of the Supreme Court; (b) where the judgment appealed from directs the execution of a conveyance or any other instrument, the execution of the judgment shall not be stayed until the instrument has been executed and deposited with the proper officer of the court appealed from, to abide the judgment of the Supreme Court; (c) where the judgment appealed from directs the sale or delivery of possession of real property or chattels real, the execution of the judgment shall not be stayed until security has been given to the satisfaction of the court appealed from, or a judge thereof, in such amount as that court or judge directs, that during the possession of the property by the appellant the appellant will not commit, or suffer to be committed, any waste on the property, and that if the judgment is affirmed, the appellant will pay the value of the use and occupation of the property from the time the appeal is brought until delivery of possession thereof, and also, if the judgment is for the sale of property and the payment of a deficiency arising on the sale, that the appellant will pay the deficiency; and (d) where the judgment appealed from directs the payment of money, either as a debt or for damages or costs, the execution of the judgment shall not be stayed until the appellant has given security to the satisfaction of the court appealed from, or of a judge thereof, that, if the judgment or any part thereof is Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals Stay of Execution Sections 65-66 affirmed, the appellant will pay the amount thereby directed to be paid, or the part thereof with respect to which the judgment is affirmed, if it is affirmed only with respect to part, and all damages awarded against the appellant on the appeal. Where court appealed from is a court of appeal (2) Where the court appealed from is a court of appeal, and the assignment or conveyance, document, instrument, property or thing referred to in subsection (1) has been deposited in the custody of the proper officer of the court in which the cause originated, the consent of the party desiring to appeal to the Supreme Court, that it shall so remain to abide the judgment of the Court, is binding on that party and shall be deemed a compliance with the requirements in that behalf of this section. As to instrument (3) In any case in which execution may be stayed on the giving of security under this section, the security may be given by the same instrument whereby the security prescribed in section 60 is given. Modification of stay of execution (4) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay of execution imposed by subsection (1). R.S., 1985, c. S-26, s. 65; 1994, c. 44, s. 100. Stay of execution — application for leave to appeal 65.1 (1) The Court, the court appealed from or a judge of either of those courts may, on the request of the party who has served and filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought, on the terms deemed appropriate. Additional power for court appealed from (2) The court appealed from or a judge of that court may exercise the power conferred by subsection (1) before the serving and filing of the notice of application for leave to appeal if satisfied that the party seeking the stay intends to apply for leave to appeal and that delay would result in a miscarriage of justice. Modification (3) The Court, the court appealed from or a judge of either of those courts may modify, vary or vacate a stay order made under this section. 1990, c. 8, s. 40; 1994, c. 44, s. 101. Fiat to sheriff when security deposited 66 (1) When security has been given as required by sections 60 and 65, any judge of the court appealed from Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals Stay of Execution Sections 66-69 may issue his fiat to the sheriff, to whom any execution on the judgment has issued, to stay the execution, and the execution shall be thereby stayed whether a levy has been made under it or not. Where court appealed from is a court of appeal (2) Where the court appealed from is a court of appeal and execution has been already stayed in the case, the stay of execution continues without any new fiat until the decision of the appeal by the Supreme Court. Poundage (3) Unless a judge of the court appealed from otherwise orders, no poundage shall be allowed against the appellant, on any judgment appealed from, on which any execution is issued before the judge’s fiat to stay the execution is obtained. R.S., c. S-19, s. 71; R.S., c. 44(1st Supp.), s. 7. Money levied and not paid over before fiat 67 Where at the time of the receipt by the sheriff of a fiat, or of a copy thereof, the money has been made or received by the sheriff, but not paid over to the party who issued the execution, the party appealing may demand back from the sheriff the amount made or received under the execution, or so much thereof as is in the sheriff’s hands not paid over, and in default of payment by the sheriff, on that demand, the party appealing may recover the money from the sheriff in an action for money had and received or by means of an order or rule of the court appealed from. R.S., c. S-19, s. 72. Perishable property 68 Where a judgment appealed from directs the delivery of perishable property, the court appealed from, or a judge thereof, may order the property to be sold and the proceeds to be paid into court, to abide the judgment of the Supreme Court. R.S., c. S-19, s. 73. Discontinuance of Proceedings Notice 69 (1) An appellant may discontinue the proceedings by giving to the Registrar and the respondent a notice entitled in the Court and in the cause, and signed by the appellant or the appellant’s attorney or solicitor, stating that the appellant discontinues the proceedings. Respondent entitled to costs (2) On the notice referred to in subsection (1) being given, the respondent is at once entitled to the costs of and Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals Discontinuance of Proceedings Sections 69-73 occasioned by the proceedings in appeal, and may, in the court of original jurisdiction, either sign judgment for those costs or obtain an order from that court or a judge thereof for their payment, and may take all further proceedings in that court as if no appeal had been brought. R.S., c. S-19, s. 74; R.S., c. 44(1st Supp.), s. 8. Consent to Reversal of Judgment Consent to reversal 70 A respondent may consent to the reversal of the judgment appealed against by giving to the appellant a notice entitled in the Court and in the cause, and signed by the respondent or the respondent’s attorney or solicitor, stating that the respondent consents to the reversal of the judgment, and thereupon the Court or a judge shall pronounce judgment of reversal as of course. R.S., c. S-19, s. 75. Dismissal for Delay Dismissal for delay to proceed 71 (1) Where an appellant unduly delays to prosecute the appeal, or fails to bring on the appeal to be heard at the first session of the Court, after the appeal is ripe for hearing, the respondent may, on notice to the appellant, move the Court, or a judge in chambers, for the dismissal of the appeal. Order (2) Such order shall thereupon be made as the Court or judge deems just. R.S., c. S-19, s. 76. Death of Parties Death of one of several appellants 72 In the event of the death of one of several appellants, pending the appeal to the Court, a suggestion may be filed of the death, and the proceedings may thereupon be continued at the suit of and against the surviving appellant as if the surviving appellant were the sole appellant. R.S., c. S-19, s. 77. Death of sole appellant or all appellants 73 (1) In the event of the death of a sole appellant, or of all the appellants, the legal representative of the sole appellant, or of the last surviving appellant, may, by leave of the Court or a judge, file a suggestion of the death, and that he is that legal representative, and the proceedings may thereupon be continued at the suit of and against the legal representative as the appellant. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals Death of Parties Sections 73-78 If no suggestion (2) If the suggestion referred to in subsection (1) is not made, the respondent may proceed to an affirmance of the judgment, according to the practice of the Court, or take such other proceedings as the respondent is entitled to take. R.S., c. S-19, s. 78. Death of one of several respondents 74 In the event of the death of one of several respondents, a suggestion may be filed of the death and the proceedings may be continued against the surviving respondents. R.S., c. S-19, s. 79. If suggestion of death untrue 75 A suggestion of the death of one of several appellants, of a sole appellant, of all the appellants or of one of several respondents, if untrue, may on motion be set aside by the Court or a judge. R.S., c. S-19, s. 80. Death of sole respondent or all respondents 76 In the event of the death of a sole respondent or of all the respondents, the appellant may proceed, on giving one month’s notice of the appeal and of the appellant’s intention to continue the appeal, to the representative of the deceased party, or, if no such notice can be given, on such notice to the parties interested as a judge of the Court directs. R.S., c. S-19, s. 81. Death of party where judgment against deceased 77 In the event of the death of a sole plaintiff or defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is against the deceased party, the legal representatives of the deceased party, on entering a suggestion of the death, are entitled to proceed with and prosecute an appeal in the Supreme Court in the same manner as if they were the original parties to the suit. R.S., c. S-19, s. 82. Death of party where judgment in favour of deceased 78 In the event of the death of a sole plaintiff or sole defendant before the judgment of the court in which an action or appeal is pending is delivered, and if the judgment is in favour of the deceased party, the other party, on entering a suggestion of the death, is entitled to proceed with and prosecute an appeal in the Supreme Court against the legal representatives of the deceased party, Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Procedure in Appeals Death of Parties Sections 78-81 but the time limited for appealing shall not run until the legal representatives are appointed. R.S., c. S-19, s. 83. Entry of Causes Entry of appeals and order of hearing 79 Unless otherwise ordered by the Chief Justice or one of the puisne judges at the Chief Justice’s direction, the appeals set down for hearing shall be (a) entered by the Registrar on a list in the order in which they have been inscribed for hearing; and (b) heard in the order that the Registrar considers appropriate and disposed of. R.S., 1985, c. S-26, s. 79; 1990, c. 8, s. 41; 1994, c. 44, s. 102. Evidence Affidavits 80 All persons authorized to administer affidavits to be used in any of the superior courts of any province may administer oaths and take and receive affidavits, declarations and solemn affirmations in that province to be used in the Court. R.S., c. S-19, s. 85. Appointment of commissioners 81 (1) The Governor in Council may, by commission, empower such persons as the Governor in Council thinks necessary, within or outside Canada, to administer oaths and take and receive affidavits, declarations and solemn affirmations in or concerning any proceeding had or to be had in the Court. Effect of affidavits (2) Every oath, affidavit, declaration or solemn affirmation taken or made pursuant to subsection (1) is as valid and of the like effect, to all intents, as if it had been administered, taken, sworn, made or affirmed before the Court or before any judge or competent officer thereof in Canada. Style of commissioners (3) Every commissioner empowered pursuant to subsection (1) shall be styled “a commissioner for administering oaths in the Supreme Court of Canada”. R.S., c. S-19, s. 86. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Evidence Sections 82-83 How affidavits, declarations or affirmations may be made outside Canada 82 Any oath, affidavit, declaration or solemn affirmation concerning any proceeding had or to be had in the Court administered, taken, sworn, made or affirmed outside Canada is as valid and of the same effect to all intents as if it had been administered, taken, sworn, made or afffirmed before a commissioner appointed under this Act, if it is so administered, taken, sworn, made or affirmed outside Canada before (a) a commissioner authorized to take and receive affidavits to be used in Her Majesty’s High Court of Justice in England; (b) a notary public and certified under his hand and official seal; (c) a mayor or chief magistrate of any city, borough or town corporate in any part of the Commonwealth and Dependent Territories other than Canada, or in any foreign country, and certified under the common seal of that city, borough or town corporate; (d) a judge of any court of superior jurisdiction in any part of the Commonwealth and Dependent Territories other than Canada and certified under the seal of the court of which he is a judge; or (e) a consul, vice-consul, acting consul, pro-consul or consular agent of Her Majesty exercising his functions in any foreign place and certified under his official seal. R.S., c. S-19, s. 87. No proof required of signature or seal of commissioner 83 Every document purporting to have affixed, imprinted or subscribed thereon or thereto the signature of (a) a commissioner appointed under this Act, (b) a person authorized to take affidavits to be used in any of the superior courts of any province, or (c) any one of the persons referred to in paragraphs 82(a) to (e), whose signature is certified in the manner therein provided, in testimony of any oath, affidavit, declaration or solemn affirmation having been administered, taken, sworn, made or affirmed by or before that person, shall be admitted in evidence without proof of the signature or seal or official character of that person. R.S., c. S-19, s. 88. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Evidence Sections 84-87 Informality not an objection 84 No informality in the heading or other formal requisites of any affidavit, declaration or solemn affirmation, made or taken before any person under any provision of this Act or any other Act, shall be an objection to its admission in evidence in the Court, if the court or judge before which or whom it is tendered thinks proper to admit it, and if it is actually sworn to, declared or affirmed by the person making it before any person duly authorized thereto and is admitted in evidence, no such informality shall be set up to defeat an indictment for perjury. R.S., c. S-19, s. 89. Examination on interrogatories or by commission 85 (1) If a party to any proceeding had or to be had in the Court is desirous of having therein the evidence of any person, whether a party or not or whether resident within or outside Canada, the Court or a judge, if in the opinion of the Court or judge it is, owing to the absence, age or infirmity or the distance of the residence of that person from the place of trial, the expense of taking the evidence otherwise, or for any other reason, convenient to do so, may, on the application of that party, order the examination of that person on oath, by interrogatories or otherwise, before the Registrar, any commissioner for taking affidavits in the Court or any other person or persons to be named in the order, or may order the issue of a commission under the seal of the Court for the examination. Court may give directions (2) The Court or a judge may, by the order described in subsection (1) or any subsequent order, give all such directions concerning the time, place and manner of the examination, the attendance of the witnesses and the production of papers at the examination, and all matters connected therewith, as appears reasonable. R.S., c. S-19, s. 90. Duty of persons taking such examination 86 Every person authorized to take the examination of any witness pursuant to this Act shall take the examination on the oath of the witness, or on solemn affirmation, in any case in which solemn affirmation instead of oath is allowed by law. R.S., c. S-19, s. 91. Further examination 87 The Court or a judge may, if it is considered for the ends of justice expedient to do so, order the further examination, before either the Court or a judge, or other person, of any witness, and if the party on whose behalf the evidence is tendered neglects or refuses to obtain Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Evidence Sections 87-91 such further examination, the Court or judge, in its or his discretion, may decline to act on the evidence. R.S., c. S-19, s. 92. Notice to adverse party 88 Such notice of the time and place of examination as is prescribed in the order made under section 87 shall be given to the adverse party. R.S., c. S-19, s. 93. Neglect or refusal to attend 89 (1) Where an order is made for the examination of a witness and a copy of the order, together with a notice of the time and place of attendance, signed by the person or one of the persons to take the examination, has been duly served on the witness within Canada, and the witness has been tendered the legal fees for attendance and travel, the refusal or neglect of the witness to attend for examination or to answer any proper question put on examination, or to produce any paper that the witness has been notified to produce, shall be deemed a contempt of court and may be punished by the same process as other contempts of court. Where no compulsion (2) In the course of the examination referred to in subsection (1), the witness shall not be compelled to produce any paper that he would not be compelled to produce or to answer any question that he would not be bound to answer in court. R.S., c. S-19, s. 94. Effect of consent of parties to examination of witness 90 Where the parties in any case pending in the Court consent in writing that a witness may be examined within or outside Canada by interrogatories or otherwise, the consent and the proceedings had under it are as valid in all respects as if an order had been made and the proceedings had under the order. R.S., c. S-19, s. 95. Examinations taken in Canada 91 (1) All examinations taken in Canada pursuant to this Act shall be returned to the Court. Depositions to be used in evidence (2) The depositions taken in the course of an examination referred to in subsection (1), certified under the hands of the person or one of the persons taking them, may, without further proof, be used in evidence, saving all just exceptions. R.S., c. S-19, s. 96. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court Evidence Sections 92-95 Examinations taken outside Canada 92 (1) All examinations taken outside Canada pursuant to this Act shall be proved by affidavit of the due taking of the examinations, sworn before a commissioner or other person authorized under this Act or any other Act to take the affidavit, at the place where the examination has been taken, and shall be returned to the Court. Depositions to be used in evidence (2) The depositions returned to the Court under subsection (1), together with the affidavit, and the order or commission, closed under the hand and seal of the person or one of the persons authorized to take the examination, may, without further proof, be used in evidence, saving all just exceptions. R.S., c. S-19, s. 97. Reading of examination 93 Where any examination has been returned, any party may give notice of the return, and no objection to the examination being read has effect unless taken within the time and in the manner prescribed by general order. R.S., c. S-19, s. 98. General Process of the Court 94 (1) The process of the Court runs throughout Canada and shall be tested in the name of the Chief Justice or, in case of a vacancy in the office of Chief Justice, in the name of the senior puisne judge, and shall be directed to the sheriff of any county or other judicial division into which any province is divided. Officers of the Court (2) The sheriffs of the counties or other judicial divisions of the provinces are ex officio officers of the Court and shall perform the duties and functions of sheriffs in connection with the Court. Coroners (3) In any case where the sheriff is disqualified, the process shall be directed to any of the coroners of the county or district. R.S., c. S-19, s. 99. Further powers of commissioners 95 Every commissioner for administering oaths in the Supreme Court, who resides within Canada, may take and receive acknowledgments and any kind of recognizance in the Court. R.S., 1985, c. S-26, s. 95; 2019, c. 25, s. 391. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court General Sections 96-97 Orders for payment of money 96 (1) An order in the Court for payment of money, whether for costs or otherwise, may be enforced by such writs of execution as the Court prescribes. No attachment for non-payment only (2) No attachment as for contempt shall issue in the Court for the non-payment of money only. R.S., c. S-19, ss. 101, 102. Judges may make rules and orders 97 (1) The judges, or any five of them, may make general rules and orders (a) for regulating the procedure of and in the Court and the bringing of cases before it from courts appealed from or otherwise, and for the effectual execution and working of this Act and the attainment of the intention and objects thereof; (b) for allowing appeals in forma pauperis by leave, notwithstanding the provisions of this Act or any other Act requiring the giving of security for costs, and for allowing a respondent leave to defend in forma pauperis; (c) for empowering the Registrar to do any such thing and transact any such business as is specified in the rules or orders, and to exercise any authority and jurisdiction in respect of the rules or orders as may be done, transacted or exercised by a judge sitting in chambers by virtue of any statute or custom or by the practice of the Court; (d) for fixing the fees and costs to be taxed and allowed to, and received and taken by, and the rights and duties of, the officers of the Court; (e) for awarding and regulating costs in the Court in favour of and against the Crown, as well as the subject; and (f) with respect to matters coming within the jurisdiction of the Court, with respect to references to the Court by the Governor in Council, and in particular with respect to investigations of questions of fact involved in any such reference. Extent of rules and orders (2) The rules and orders may extend to any matter of procedure or otherwise not provided for by this Act, but for which it is found necessary to provide, in order to ensure the proper working of this Act and the better attainment of the objects thereof. Current to June 20, 2022 Last amended on December 18, 2019 Supreme Court General Sections 97-100 Force of rules and orders (3) All rules not inconsistent with the express provisions of this Act have force and effect as if herein enacted. Copies to be laid before Parliament (4) Copies of all rules and orders made under this section shall be laid before each House of Parliament on any of the first fifteen days after the making thereof on which that House is sitting. R.S., 1985, c. S-26, s. 97; R.S., 1985, c. 34 (3rd Supp.), s. 7. Payment of costs due to or by Crown 98 Any moneys or costs awarded to the Crown shall be paid to the Receiver General, and the Minister of Finance shall cause to be paid out of any unappropriated moneys forming part of the Consolidated Revenue Fund any moneys or costs awarded to any person against the Crown. R.S., c. S-19, s. 104. Crown entitled to costs notwithstanding solicitor or counsel salaried officer 99 (1) In any proceeding to which Her Majesty is a party, either as represented by the Attorney General of Canada or otherwise, costs adjudged to Her Majesty shall not be disallowed or reduced on taxation merely because the solicitor or the counsel who earned the costs, or in respect of whose services the costs are charged, was a salaried officer of the Crown performing such services in the discharge of his duty and remunerated therefor by his salary, or for that or any other reason not entitled to recover any costs from the Crown in respect of the services so rendered. Costs paid into C.R.F. (2) The costs recovered by or on behalf of Her Majesty in any case referred to in subsection (1) shall be paid into the Consolidated Revenue Fund. R.S., c. S-19, s. 105. Fees payable 100 All fees payable to the Registrar under this Act shall be paid into the Consolidated Revenue Fund and the Registrar shall regulate the collection of those fees. R.S., c. S-19, s. 106; R.S., c. 44(1st Supp.), s. 9. Current to June 20, 2022 Last amended on December 18, 2019

CONSOLIDATION Surplus Crown Assets Act R.S.C., 1985, c. S-27 Current to June 20, 2022 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 An Act respecting surplus Crown assets Short Title 1 Short title Interpretation and Application 2 Definitions 2.1 Application Surplus Property 3 Department dealing with surplus Crown assets Refusal Responsibility continues Ministerial powers Crown Assets Disposal Corporation 13 Proceeds of sale by Minister Proceeds of sale by department Terms and conditions Execution of deeds, contracts, etc. 19.1 Idem Governor in Council SCHEDULE Current to June 20, 2022 ii R.S.C., 1985, c. S-27 An Act respecting surplus Crown assets Short Title Short title 1 This Act may be cited as the Surplus Crown Assets Act. R.S., c. S-20, s. 1. Interpretation and Application Definitions 2 In this Act, accepted surplus Crown assets, in respect of a department or federal body, means surplus Crown assets identified in a notice sent to the department or federal body under subsection 4(2) that have not been deleted from the notice with the authority of the Minister or disposed of pursuant to this Act; (biens désignés) Board [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1] Corporation [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 1] department has the same meaning as the definition of that term, other than paragraph (c) thereof, in section 2 of the Financial Administration Act; (ministère) federal body means a board, commission, corporation or other body that is an agent of Her Majesty or is ultimately accountable to Parliament for the conduct of its affairs including, notwithstanding Part X of the Financial Administration Act, a Crown corporation as defined in subsection 83(1) of that Act, but does not include a department; (organisme fédéral) government department [Repealed, 1992, c. 54, s. 82] Current to June 20, 2022 Surplus Crown Assets Interpretation and Application Sections 2-3 Minister means the Minister of Public Works and Government Services; (ministre) surplus Crown assets, in respect of a department or federal body, means property of Her Majesty in its custody or under its control that the department or federal body has determined is surplus to its requirements. (biens de surplus de la Couronne) R.S., 1985, c. S-27, s. 2; R.S., 1985, c. 22 (1st Supp.), s. 1, c. 35 (4th Supp.), s. 13; 1992, c. 54, s. 82; 1996, c. 16, s. 60. Application 2.1 This Act does not apply in respect of real property or immovables as defined in the Federal Real Property and Federal Immovables Act or licences in respect thereof. 1991, c. 50, s. 42; 2001, c. 4, s. 170. Surplus Property Department dealing with surplus Crown assets 3 (1) A department that has surplus Crown assets may (a) request the Minister to dispose of or deal with the assets under this Act; or (b) subject to such terms and conditions as the Treasury Board may prescribe, sell, exchange, transfer to another department, lease, lend or otherwise dispose of or deal with the assets, either gratuitously or for consideration. Federal body dealing with surplus Crown assets (2) A federal body that has surplus Crown assets may request the Minister to dispose of or deal with the assets under this Act. Terms and conditions (3) Terms and conditions prescribed pursuant to paragraph (1)(b) may be made applicable to any particular department or surplus Crown assets, any class thereof or departments or surplus Crown assets generally. Restriction on departments (4) No department shall dispose of any surplus Crown assets otherwise than in accordance with this Act. R.S., 1985, c. S-27, s. 3; 1989, c. 27, s. 24; 1991, c. 50, s. 43; 1992, c. 54, s. 83. Current to June 20, 2022 Surplus Crown Assets Surplus Property Sections 4-6 Refusal 4 (1) The Minister may refuse a request made under section 3 if the Minister considers it appropriate to do so. Notice of acceptance (2) Where, pursuant to a request made under section 3, the Minister accepts surplus Crown assets for disposal or dealing with under this Act, the Minister shall notify the department or federal body of the assets accepted. R.S., 1985, c. S-27, s. 4; R.S., 1985, c. 22 (1st Supp.), s. 2; 1992, c. 54, s. 83. Responsibility continues 5 A department or federal body continues to be responsible for accepted surplus Crown assets until it surrenders the custody or control thereof pursuant to a direction of the Minister. R.S., 1985, c. S-27, s. 5; R.S., 1985, c. 22 (1st Supp.), s. 3, c. 35 (4th Supp.), s. 13; 1992, c. 54, s. 83. Ministerial powers 6 With specific or general authority from the Governor in Council, the Minister may (a) sell, exchange, lease, lend or otherwise dispose of or deal with accepted surplus Crown assets either gratuitously or for consideration and on such terms and subject to such conditions as the Minister may consider desirable; (b) hold, manage, operate, finish, assemble, store, transport, repair, maintain and service accepted surplus Crown assets; (c) restore to its original condition any property that has been made available to Her Majesty and settle any claim in connection therewith; (c.1) [Repealed, 1992, c. 54, s. 84] (d) convert accepted surplus Crown assets to basic materials; (e) transfer accepted surplus Crown assets from one department to another; (f) make such orders and issue such directions as the Minister may deem necessary or expedient to provide for the safety and preservation of accepted surplus Crown assets; (g) direct any person to furnish, within such time as the Minister may specify, such information with regard to accepted surplus Crown assets as the Minister may specify; Current to June 20, 2022 Surplus Crown Assets Surplus Property Sections 6-14 (h) engage or make use of the services of any person in carrying out any of the purposes of this Act; (i) delete from a notice given under section 4 any assets identified therein; and (j) do any other thing the Governor in Council may consider to be incidental to, or necessary or expedient for, carrying out the objects of this Act. R.S., 1985, c. S-27, s. 6; R.S., 1985, c. 22 (1st Supp.), s. 4; 1992, c. 54, s. 84. Crown Assets Disposal Corporation 7. to 12 [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 5] Proceeds of sale by Minister 13 (1) Subject to subsection (3) and subsections 99(2) to (5) of the Financial Administration Act, where the Minister sells any accepted surplus Crown assets of a federal body, the Minister shall remit to that body an amount equal to the net proceeds of the sale not later than the last day of the month following the month in which the proceeds were received. Idem (2) Subject to subsection (3), where the Minister sells any accepted surplus Crown assets of a department, other than property forfeited pursuant to an Act of Parliament, an amount equal to the net proceeds of the sale may, subject to such terms and conditions as the Treasury Board may prescribe, be paid out of the Consolidated Revenue Fund for the purposes of that department. Administrative expenses (3) The Minister may retain out of the net proceeds of a sale referred to in subsection (1) or (2) such percentage of the net proceeds of sales of accepted surplus Crown assets in the period in which the sale is made as the Treasury Board may fix for the purpose of meeting the administrative or other expenses incurred with respect to those sales. R.S., 1985, c. S-27, s. 13; R.S., 1985, c. 22 (1st Supp.), s. 6; 1992, c. 54, s. 85. Proceeds of sale by department 14 Where a department sells any surplus Crown assets, other than property forfeited pursuant to an Act of Parliament, an amount equal to the proceeds of the sale may, subject to such terms and conditions as the Treasury Board may prescribe, be paid out of the Consolidated Revenue Fund for the purposes of that department. R.S., 1985, c. S-27, s. 14; R.S., 1985, c. 22 (1st Supp.), s. 7; 1992, c. 54, s. 85. Current to June 20, 2022 Surplus Crown Assets Crown Assets Disposal Corporation Sections 15-21 Terms and conditions 15 Subject to such terms and conditions as the Treasury Board may prescribe, the authority under subsection 13(2) or section 14 to pay an amount does not lapse at the end of the fiscal year in which the authority arose. R.S., 1985, c. S-27, s. 15; R.S., 1985, c. 22 (1st Supp.), s. 7; 1992, c. 54, s. 85. 16. to 18 [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 7] Execution of deeds, contracts, etc. 19 The Minister or any person generally or specifically so authorized by the Minister may execute, on behalf of Her Majesty, any bill of sale, contract or other document transferring the ownership of, or otherwise dealing with or relating to the disposition of, surplus Crown assets, and when any such document has been so executed it is valid and binding on Her Majesty. R.S., 1985, c. S-27, s. 19; R.S., 1985, c. 22 (1st Supp.), s. 8; 1991, c. 50, s. 44. Idem 19.1 The Minister through which a department reports to Parliament or any person so authorized by that Minister may execute, on behalf of Her Majesty, any bill of sale, contract or other document transferring the ownership of, or otherwise dealing with or relating to the disposal of or dealing with, surplus Crown assets pursuant to paragraph 3(1)(b), and when any such document has been so executed it is valid and binding on Her Majesty. 1992, c. 54, s. 86. Governor in Council 20 The Governor in Council may (a) by order, confer on the Minister additional powers and duties with respect to the disposal of accepted surplus Crown assets; and (b) make or issue such orders, rules and regulations as may be deemed necessary or desirable to assist the Minister to perform the duties conferred or imposed on him by or pursuant to this Act. R.S., 1985, c. S-27, s. 20; R.S., 1985, c. 22 (1st Supp.), s. 9; 1992, c. 54, s. 87. 21 [Repealed, 1992, c. 54, s. 88] Current to June 20, 2022 Surplus Crown Assets SCHEDULE SCHEDULE [Repealed, R.S., 1985, c. 22 (1st Supp.), s. 10] Current to June 20, 2022

CONSOLIDATION Seized Property Management Act S.C. 1993, c. 37 Current to June 20, 2022 Last amended on June 21, 2019 OFFICIAL STATUS OF CONSOLIDATIONS Subsections 31(1) and (2) 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 Acts (2) In the event of an inconsistency between a consolidated statute published by the Minister under this Act and the original statute or a subsequent amendment as certified by the Clerk of the Parliaments under the Publication of Statutes Act, the original statute 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 21, 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 21, 2019 TABLE OF PROVISIONS An Act respecting the management of certain property seized or restrained in connection with certain offences, the disposition of certain property on the forfeiture thereof and the sharing of the proceeds of disposition therefrom in certain circumstances Short Title 1 Short title Interpretation 2 Definitions Purposes of Act 3 Purposes of Act Management of Property 4 Minister to be responsible for management of property Transfer of property Management Order 6 Application for management order Management order Conditions Powers of Minister 9 Ministerial powers Sharing of Proceeds 10 Sharing within Canada Sharing outside Canada Financial 12 Seized Property Working Capital Account established Seized Property Proceeds Account established If costs are greater than proceeds Advances to Proceeds Account Credit of excess to account Current to June 20, 2022 Last amended on June 21, 2019 ii Seized Property Management TABLE OF PROVISIONS General 17 Advances are debts owing Indemnity Regulations 19 Regulations Review 20 Review after three years Consequential and Related Amendments Conditional Amendments Coming into Force *33 Coming into force Current to June 20, 2022 Last amended on June 21, 2019 iv S.C. 1993, c. 37 An Act respecting the management of certain property seized or restrained in connection with certain offences, the disposition of certain property on the forfeiture thereof and the sharing of the proceeds of disposition therefrom in certain circumstances [Assented to 23rd June 1993] Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short Title Short title 1 This Act may be cited as the Seized Property Management Act. Interpretation Definitions 2 In this Act, Attorney General means the Attorney General of Canada and the lawful deputy of the Attorney General of Canada; (procureur général) designated drug offence [Repealed, 1996, c. 19, s. 85] designated offence has the same meaning as in subsection 462.3(1) of the Criminal Code; (infraction désignée) designated substance offence [Repealed, 2001, c. 32, s. 73] enterprise crime offence [Repealed, 2001, c. 32, s. 73] Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Interpretation Section 2 Her Majesty means Her Majesty in right of Canada; (Sa Majesté) judge means a judge within the meaning of section 552 of the Criminal Code; (juge) justice means a justice within the meaning of section 2 of the Criminal Code; (juge de paix) management order means an order made under subsection 7(1); (ordonnance de prise en charge) Minister means the Minister of Public Works and Government Services; (ministre) offence-related property has the meaning given that expression by subsection 2(1) of the Controlled Drugs and Substances Act or by subsection 2(1) of the Cannabis Act; (biens infractionnels) prescribed means prescribed by the regulations; (Version anglaise seulement) Proceeds Account means the Seized Property Proceeds Account established by subsection 13(1); (compte des biens saisis) proceeds of crime has the same meaning as in subsection 462.3(1) of the Criminal Code; (produits de la criminalité) proceeds of disposition means, in the case of forfeited property other than money, the proceeds of sale on the disposition of the property, and in the case of forfeited property that is money, the amount of the forfeited money; (produit de la disposition) restrained property means any property that is the subject of a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act; (biens bloqués) seized property means any property seized under the authority of any Act of Parliament or pursuant to any warrant or any rule of law in connection with any designated offence; (biens saisis) terrorism offence has the same meaning as in section 2 of the Criminal Code; (infraction de terrorisme) Working Capital Account means the Seized Property Working Capital Account established by subsection 12(1). (fonds de roulement) 1993, c. 37, s. 2; 1996, c. 16, s. 60, c. 19, s. 85; 1997, c. 23, s. 22; 2001, c. 32, s. 73, c. 41, ss. 105, 135; 2018, c. 16, s. 173; 2019, c. 29, s. 113. Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Purposes of Act Section 3 Purposes of Act Purposes of Act 3 The purposes of this Act are (a) to authorize the Minister to provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of property in connection with designated offences, or property that is or may be proceeds of crime or offence-related property; (a.1) to authorize the Minister to provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property (i) by means of or in respect of which an offence or violation is committed, (ii) that is used in any manner in connection with the commission of an offence or violation, or (iii) that is intended for use for the purpose of committing an offence or violation; (b) to authorize the Minister to manage property (i) seized or restrained under any Act of Parliament or of the legislature of a province by a person employed in the federal public administration or by a provincial or municipal authority, (ii) forfeited under any Act of Parliament or of the legislature of a province, or (iii) paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (c) to authorize the Minister to dispose of property referred to in paragraph (b) when it is forfeited to Her Majesty and, with the consent of the government of the province, when it is forfeited to Her Majesty in right of a province; (d) where property referred to in paragraph (c) is forfeited to Her Majesty and disposed of, or where a fine is imposed pursuant to subsection 462.37(3) of the Criminal Code, to provide authority for the sharing, in certain circumstances, of the proceeds of disposition therefrom or the fine, as the case may be, with jurisdictions the law enforcement agencies of which participated in the investigations of the offences that led to the forfeiture or the imposition of the fine; and Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Purposes of Act Sections 3-4 (e) if property referred to in paragraph (c) is forfeited to Her Majesty in right of a province and disposed of by the Minister with the consent of the government of the province, to provide authority for the sharing of the proceeds of disposition in accordance with directions given by that government. 1993, c. 37, s. 3; 1996, c. 19, s. 86; 2000, c. 17, s. 92; 2001, c. 32, s. 74, c. 41, ss. 83, 106, 135; 2018, c. 12, s. 407, c. 16, s. 174; 2019, c. 29, s. 114; 2019, c. 29, s. 120(F). Management of Property Minister to be responsible for management of property 4 (1) On taking possession or control thereof, the Minister shall be responsible for the custody and management of all property that is (a) seized under a warrant issued under section 83.13, 462.32 or 487 of the Criminal Code, section 11 of the Controlled Drugs and Substances Act or section 87 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be; (b) subject to a restraint order made under section 83.13, 462.33 or 490.8 of the Criminal Code, section 14 of the Controlled Drugs and Substances Act or section 91 of the Cannabis Act on the application of the Attorney General and that the Minister is appointed to manage under subsection 83.13(3), 462.331(2) or 490.81(2) of the Criminal Code, subsection 15.1(2) of the Controlled Drugs and Substances Act or subsection 93(2) of the Cannabis Act, as the case may be; (b.01) seized or restrained under any Act of Parliament or of the legislature of a province if the Minister agrees to be responsible for the custody and management of the property; (b.1) forfeited under subsection 14(5), seized under subsection 18(1) or paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act; (b.2) forfeited under subparagraph 715.34(1)(e)(i) of the Criminal Code; (b.3) if the Minister agrees to be responsible for its custody and management, forfeited under any Act of Parliament, other than under subsection 14(5) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or subparagraph 715.34(1)(e)(i) of the Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Management of Property Sections 4-5 Criminal Code or forfeited under any Act of the legislature of a province; or (c) subject to a management order. Responsibility continues after forfeiture (2) Where property referred to in subsection (1) that is in the possession or under the control of the Minister is forfeited to Her Majesty, the Minister shall continue to be responsible for the custody and management thereof until the property is disposed of. Additional responsibility (3) In addition to being responsible for the custody and management of property referred to in subsections (1) and (2), the Minister shall be responsible, until the property is disposed of, for the custody and management of all proceeds of crime, offence-related property and property that was the subject of an application under section 83.14 of the Criminal Code, that were forfeited to Her Majesty as a result of proceedings conducted by the Attorney General and that were not in the possession or under the control of the Minister prior to their forfeiture. Application of other Acts (4) Nothing in this section precludes the operation of the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act or any other Act of Parliament in respect of any property that is in the possession or under the control of the Minister. 1993, c. 37, s. 4; 1996, c. 19, s. 87; 1997, c. 18, s. 135(F); 2000, c. 17, s. 93; 2001, c. 32, s. 75, c. 41, ss. 84, 107, 135; 2017, c. 7, s. 70; 2018, c. 12, s. 408, c. 16, ss. 175, 191; 2019, c. 29, s. 115. Transfer of property 5 (1) Every person who has control of any property that is subject to a management order issued under subsection 83.13(2), 462.331(1) or 490.81(1) of the Criminal Code, subsection 15.1(1) of the Controlled Drugs and Substances Act, subsection 93(1) of the Cannabis Act or subsection 7(1) of this Act shall, as soon as practicable after the order is issued, transfer the control of the property to the Minister, except for any property or any part of the property that is needed as evidence or is necessary for the purposes of an investigation. Minister to report location (2) Where the Minister takes control of property pursuant to subsection (1) and detains the property in a location other than the location referred to in the report Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Management of Property Sections 5-7 required to be filed pursuant to paragraph 462.32(4)(b) of the Criminal Code, the Minister shall prepare a report in the prescribed form identifying the location of the property and cause the report to be filed in the prescribed manner with the clerk of the court that issued the warrant. (3) [Repealed, 2015, c. 3, s. 152] 1993, c. 37, s. 5; 2001, c. 32, s. 76, c. 41, ss. 108, 135; 2015, c. 3, s. 152; 2017, c. 7, s. 71; 2018, c. 16, ss. 176, 191. Management Order Application for management order 6 (1) The Attorney General, or any other person with the written consent of the Attorney General, may apply to any judge or justice for a management order in respect of any seized property, other than a controlled substance as defined in subsection 2(1) of the Controlled Drugs and Substances Act or cannabis as defined in subsection 2(1) of the Cannabis Act. Order under section 490 of the Criminal Code (2) An application for a management order in respect of any seized property may be heard at the same time as an order is sought under paragraph 490(1)(b) of the Criminal Code in respect of the seized property. 1993, c. 37, s. 6; 1996, c. 19, s. 88; 2018, c. 16, s. 177. Management order 7 (1) Where an application for a management order is made, the judge or justice hearing the application shall make an order allowing the Minister to take possession and control of, and to manage or otherwise deal with, the seized property referred to in the order if the judge or justice is of the opinion that the seized property may be required for the purposes of any provision respecting forfeiture in any Act of Parliament. Power to manage (2) The power of the Minister in respect of any seized property that is the subject of a management order includes (a) the power to make an interlocutory sale of perishable or rapidly depreciating property; (b) the power to destroy, in accordance with subsections (2.1) to (2.4), property that has little or no value; and (c) the power to have property, other than real property or a conveyance, forfeited to Her Majesty in accordance with subsection (2.5). Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Management Order Section 7 Application for destruction order (2.1) Before the Minister destroys property that has little or no value, he or she shall apply to a court for a destruction order. Notice (2.2) Before making a destruction order, a court shall require notice in accordance with subsection (2.3) to be given to and may hear any person who, in the court’s opinion, appears to have a valid interest in the property. Manner of giving notice (2.3) A notice shall (a) be given in the manner that the court directs or that may be specified in the rules of the court; and (b) specify the effective period of the notice that the court considers reasonable or that may be set out in the rules of the court. Destruction order (2.4) A court shall order that the property be destroyed if it is satisfied that the property has little or no financial or other value. Forfeiture order (2.5) On application by the Minister, a court shall order that the property, other than real property or a conveyance, be forfeited to Her Majesty and disposed of or otherwise dealt with in accordance with the law if (a) a notice is given or published in the manner that the court directs or that may be specified in the rules of the court; (b) the notice specifies a period of 60 days during which a person may make an application to the court asserting their interest in the property; and (c) during that period, no one makes such an application. When management order ceases to have effect (3) A management order ceases to have effect when the property that is the subject of the management order is returned in accordance with the law, destroyed or forfeited to Her Majesty. Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Management Order Sections 7-9 For greater certainty (4) For greater certainty, if property that is the subject of a management order is sold, the management order applies to the net proceeds of the sale. 1993, c. 37, s. 7; 2001, c. 32, s. 77; 2017, c. 7, s. 72. Conditions 8 (1) A management order may be subject to such conditions as the judge or justice making the order thinks fit. Application to vary conditions (2) The Minister may at any time apply to a judge or justice to cancel or vary any condition to which a management order is subject. Powers of Minister Ministerial powers 9 In carrying out the purposes of this Act, the Minister may (a) provide consultative and other services to law enforcement agencies in relation to the seizure or restraint of any property in connection with designated offences, or any property that is or may be proceeds of crime or offence-related property; (a.1) provide consultative and other services to any person employed in the federal public administration or by a provincial or municipal authority in relation to the seizure, restraint, custody, management, forfeiture or disposal of property (i) by means of or in respect of which an offence or violation is committed, (ii) that is used in any manner in connection with the commission of an offence or violation, or (iii) that is intended for use for the purpose of committing an offence or violation; (b) subject to the Criminal Code, the Controlled Drugs and Substances Act, the Cannabis Act and any other Act of Parliament, manage any property referred to in any of subsections 4(1) to (3) in the manner that the Minister considers appropriate including, without restricting the generality of the foregoing, by advancing money at a commercial rate of interest to (i) maintain the ongoing operation of the property, Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Powers of Minister Section 9 (ii) satisfy the terms of any order concerning environmental, industrial, labour or property standards to which the property is subject, or (iii) make improvements to the property to preserve the property and its economic worth; (c) notwithstanding any other Act of Parliament, but subject to the regulations and to the provisions of the Financial Administration Act relating to public money, dispose of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty; (c.1) if property is forfeited to Her Majesty in right of a province, dispose of the property on behalf of Her Majesty in right of the province with the consent of the government of that province, and share the proceeds of disposition in accordance with directions given by that government; (d) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, where property referred to in any of subsections 4(1) to (3) is forfeited to Her Majesty, share the proceeds of disposition therefrom in accordance with this Act, the regulations and any agreement entered into pursuant to section 11; (e) notwithstanding subsection 734.4(2) of the Criminal Code and sections 125 and 126 of the Excise Act, if a fine, or any portion of a fine, imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada is paid or recovered or if a penalty is paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, share the amount of the fine or penalty in accordance with this Act, the regulations and any agreement entered into under section 11; (f) at the request of the Attorney General, receive from foreign governments all moneys that are to be transferred to Canada pursuant to any agreement entered into pursuant to section 11 and share those moneys in accordance with the regulations; (g) contract for the services of any person; and (h) do any other thing that the Governor in Council may consider to be incidental to, or necessary or expedient for, carrying out the purposes of this Act. 1993, c. 37, s. 9; 1995, c. 22, s. 18; 1996, c. 19, s. 89; 2000, c. 17, s. 94; 2001, c. 32, s. 78, c. 41, ss. 85, 109; 2018, c. 16, s. 178; 2019, c. 29, s. 116; 2019, c. 29, s. 120(F). Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Sharing of Proceeds Sections 10-11 Sharing of Proceeds Sharing within Canada 10 (1) Where a law enforcement agency in Canada has participated in the investigation of an offence that leads to (a) the forfeiture to Her Majesty of property under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, (b) the forfeiture to Her Majesty pursuant to subsection 490(9) of the Criminal Code of any property that is or was the subject of a management order, or (c) the imposition of a fine pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property, or any amount paid or recovered on account of the fine, as the case may be. Proceeds of Crime (Money Laundering) and Terrorist Financing Act (2) If the participation of a law enforcement agency in Canada has led to the forfeiture to Her Majesty of property under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act or the payment of a penalty under subsection 18(2) of that Act, the Minister shall, in accordance with the regulations, share the proceeds of disposition of that forfeited property or the penalty, as the case may be. 1993, c. 37, s. 10; 1996, c. 19, s. 90; 1997, c. 23, s. 23; 2000, c. 17, s. 95; 2001, c. 41, ss. 86, 110; 2005, c. 44, s. 14; 2018, c. 16, s. 179; 2019, c. 29, s. 120(F). Sharing outside Canada 11 The Attorney General may, with the approval of the Governor in Council and in accordance with the regulations, enter into an agreement with the government of any foreign state respecting the reciprocal sharing of (a) the proceeds of disposition of (i) property forfeited to Her Majesty under section 83.14, subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Sharing of Proceeds Sections 11-12 490.1(1) or 490.2(2) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act, or (ii) property that is or was the subject of a management order and that was forfeited under subsection 490(9) of the Criminal Code and the proceeds arising from the disposition of property by that foreign state, and (b) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, penalties paid under subsection 18(2) of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and amounts paid or recovered on account of fines imposed in lieu of forfeiture under the laws of that foreign state, if law enforcement agencies of that foreign state, or of Canada, as the case may be, have participated in the investigation of the offence or offences that led to the forfeiture of the property or the imposition of the fine or if the law enforcement agencies' participation led to the forfeiture of the property or the payment of the penalty under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. 1993, c. 37, s. 11; 1996, c. 19, s. 91; 1997, c. 23, s. 24; 2000, c. 17, s. 96; 2001, c. 32, s. 79, c. 41, ss. 111, 120, 137; 2005, c. 44, s. 15; 2018, c. 16, s. 180; 2019, c. 29, s. 117(F). Financial Seized Property Working Capital Account established 12 (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Working Capital Account. Charges to Working Capital Account (2) There may be paid out of the Consolidated Revenue Fund and charged to the Working Capital Account (a) expenses incurred by the Minister in respect of any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister; and (b) advances made by the Minister pursuant to paragraph 9(b). Credits to Working Capital Account (3) There shall be paid into the Consolidated Revenue Fund and credited to the Working Capital Account Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Financial Sections 12-13 (a) amounts recovered by the Minister as a result of expenses referred to in subsection (2); and (b) amounts repaid or recovered as a result of advances made by the Minister pursuant to paragraph 9(b). Appropriation (4) There is hereby appropriated for the purposes of subsection (1) the amount of fifty million dollars. Amount may be changed (5) The amount referred to in subsection (4) may be amended by an appropriation Act. Seized Property Proceeds Account established 13 (1) There is hereby established in the accounts of Canada an account to be known as the Seized Property Proceeds Account. Credits to Proceeds Account (2) There shall be paid into the Consolidated Revenue Fund and credited to the Proceeds Account (a) the net proceeds, calculated in the prescribed manner, received from the disposition of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty and disposed of by the Minister; (b) amounts paid or recovered as a fine imposed pursuant to subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada; and (c) subject to the regulations, amounts received from the governments of foreign states pursuant to agreements entered into pursuant to section 11. Charges to Proceeds Account (3) There shall be charged to the Proceeds Account (a) such amounts as are approved by the Treasury Board and as are recovered by the Minister in respect of operating expenses incurred by the Minister in carrying out the purposes of this Act, other than expenses charged to the Working Capital Account pursuant to paragraph 12(2)(a); (b) amounts paid as a result of claims arising from undertakings given by the Attorney General pursuant to subsections 462.32(6) and 462.33(7) of the Criminal Code; and (c) amounts paid pursuant to sections 10 and 11. 1993, c. 37, s. 13; 2019, c. 29, s. 118(F); 2019, c. 29, s. 120(F). Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Financial Sections 14-16 If costs are greater than proceeds 14 If the proceeds of disposition available to Her Majesty from the forfeiture of any property under subsection 462.37(1), (2) or (2.01) or 462.38(2), subparagraph 462.43(c)(iii) or subsection 490(9) of the Criminal Code, subsection 16(1) or 17(2) of the Controlled Drugs and Substances Act or subsection 94(1) or 95(2) of the Cannabis Act are insufficient to cover the outstanding amounts charged to the Working Capital Account under subsection 12(2), and any interest on it, in respect of the property, there is to be charged to the Proceeds Account and credited to the Working Capital Account, or to interest revenue, as the case may be, an amount equal to the amount of the shortfall. 1993, c. 37, s. 14; 1996, c. 19, s. 92; 1997, c. 23, s. 25; 2005, c. 44, s. 16; 2018, c. 16, s. 181; 2019, c. 29, s. 120(F). Advances to Proceeds Account 15 (1) Where the amount standing to the credit of the Proceeds Account is not sufficient for the payment of any amount required to be charged to the Proceeds Account pursuant to section 13, the Minister of Finance may, on a request therefor by the Minister, authorize the making of an advance to the Proceeds Account in an amount sufficient to meet the payment. Repayment of advance (2) An advance made pursuant to subsection (1) shall be credited to the Proceeds Account and repaid in such manner and on such terms and conditions, including the payment of interest, as the Minister of Finance may fix. Idem (3) The repayment of an amount advanced pursuant to subsection (1) shall be charged to the Proceeds Account. Credit of excess to account 16 At the prescribed times, all amounts credited to the Proceeds Account that are not shared pursuant to sections 10 and 11, less such amounts as are reserved (a) for future losses, (b) to pay claims arising from undertakings given by the Attorney General pursuant to subsections 462.32(6) and 462.33(7) of the Criminal Code, and (c) for ongoing expenses, shall be credited to such account in the accounts of Canada as is prescribed. Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management General Sections 17-19 General Advances are debts owing 17 Advances made pursuant to paragraph 9(b) and any interest thereon are debts owing to Her Majesty and may be recovered as such in any court of competent jurisdiction or in any manner provided for by law. Indemnity 18 Subject to the regulations, the Minister may indemnify any person referred to in paragraph 9(g) against any claim made against the person in respect of anything done, or omitted to be done, in good faith by the person in relation to any property referred to in any of subsections 4(1) to (3) that is in the possession or under the control of the Minister. 1993, c. 37, s. 18; 1997, c. 18, s. 136(F). Regulations Regulations 19 The Governor in Council may make regulations (a) respecting the disposal by the Minister of any property referred to in any of subsections 4(1) to (3) on its forfeiture to Her Majesty; (b) respecting, for the purposes of sections 10 and 11, the sharing of (i) the proceeds of disposition of any property referred to in any of subsections 4(1) to (3) that is forfeited to Her Majesty, and (ii) amounts paid or recovered on account of fines imposed under subsection 462.37(3) of the Criminal Code in relation to proceedings commenced at the instance of the Government of Canada, including, without restricting the generality of the foregoing, regulations respecting the amounts to be shared, or the manner of determining those amounts, and the times at which and the manner in which those amounts shall be shared; (c) determining, for the purposes of paragraph 13(2)(a), the amounts that may be deducted from the proceeds of disposition of property for the purpose of calculating the net proceeds thereof, and the manner of determining those amounts; Current to June 20, 2022 Last amended on June 21, 2019 Seized Property Management Regulations Sections 19-33 (d) respecting the indemnity that may be granted pursuant to section 18 and the terms and conditions under which that indemnity may be granted; (e) prescribing anything that by this Act is to be prescribed; and (f) generally, for carrying out the purposes of this Act. 1993, c. 37, s. 19; 1997, c. 18, s. 137(F); 2019, c. 29, s. 119; 2019, c. 29, s. 120(F). Review Review after three years 20 (1) On the expiration of three years after the coming into force of this Act, the provisions contained herein shall be referred to such committee of the House of Commons, of the Senate, or of both Houses of Parliament as may be designated or established by Parliament for that purpose. Report to Parliament (2) The committee designated or established by Parliament for the purpose of subsection (1) shall, as soon as practicable, undertake a comprehensive review of the provisions and operation of this Act and shall, within one year after the review is undertaken or within such further time as the House of Commons may authorize, submit a report to Parliament thereon including such recommendations pertaining to the continuation of those sections and changes required therein as the committee may wish to make. Consequential and Related Amendments 21 to 30 [Amendments] Conditional Amendments 31 [Repealed, 1996, c. 19, s. 93] 32 [Amendments] Coming into Force Coming into force 33 This Act shall come into force on a day to be fixed by order of the Governor in Council. * * [Note: Act in force September 1, 1993, see SI/93-176.] Current to June 20, 2022 Last amended on June 21, 2019